Industrial action and disputes in Malta

The EIRA provides the legal framework for the eventuality of strikes. This act defines a trade dispute as a dispute between employers and workers, or between workers and workers, that is connected with any one or more of the following matters:

• terms and conditions of employment, or the physical conditions in which any workers are required to work

• engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers

• allocation of work or the duties of employment between workers or groups of workers

• matters of discipline

• facilities for officials of trade unions

• machinery for negotiation or consultation, and other procedures, relating to any of the abovementioned matters, including the recognition by employers or employer associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures

• the membership or non-membership of a worker in a particular trade union

The law does not specifically mention the legal types of industrial action but it refers to it as an act carried out by a person in contemplation or furtherance of a trade dispute and in pursuance of a directive issued by a trade union, whether the person belongs to it or not.

Article 63 of the EIRA provides immunity for trade unions and employer associations:

(1) (subject to the provisions of subarticle (2) of this article) no action in tort or quasi-tort shall lie in respect of any act:

(a) alleged to have been done by or on behalf of a trade union or by or on behalf of an employer association; or

(b) alleged to be threatened or to be intended to be done as previously mentioned, against the union or association in its own name, or against any members, officers or officials of the union or association on behalf of themselves and all other members of the union or association.

Article 64(4) states that:

An act done by a person in contemplation or furtherance of a trade dispute and in pursuance of a directive issued by a trade union, whether he belongs to it or not, shall not be actionable in damages on the ground only that it consists in a breach of a contract of employment; and any act done as aforesaid, not being an act in breach of a collective agreement, or of a settlement, decision or which is still binding in accordance with the provisions of article 70 or 72, or of a decision or award of the Tribunal, shall not by itself entitle the employer to terminate the contract of employment of, or discriminate against, any person doing any such act as aforesaid, and shall not constitute a break in the service of such person.

Developments in industrial action, 2012–2017

Note: n.a., not available.

Source: DIER (2013–2018); these data ceased to be collected in 2018.

Collective dispute resolution mechanisms

Part II of the EIRA deals with the voluntary settlement of disputes providing for the setup of a conciliation panel. In Malta, conciliation and mediation are regarded as synonymous. Where a trade dispute exists or is apprehended, the parties to the dispute may agree to refer the dispute for conciliation. If the parties fail to nominate or to agree on the appointment of a conciliator or where an appointed conciliator reports a deadlock, the Director-General of DIER refers the matter to the minister responsible for employment and industrial relations. The minister may either:

• appoint a court of inquiry to investigate and establish the causes and circumstances of the dispute, or

• following an application by both parties to the dispute, refer such a trade dispute to the Industrial Tribunal

In cases where a voluntary settlement is reached, a memorandum with the terms of the agreement is drawn up and signed by the involved parties or their representatives. Such a settlement is binding on the parties and on the workers represented.

With regards to the public sector, the government and the trade unions agreed, in the Collective Agreement for Public Service Employees 2005–2010, on the setting up of a conciliatory structure. This is composed of a chairperson and two members, all three appointed by the government in consultation with the trade unions. Conciliation meetings are to be arranged prior to resorting to industrial action.

Individual dispute resolution mechanisms

Individual employees can resort to the dispute resolution services provided by DIER.

The DIER Investigative Unit investigates all types of alleged breaches relating to the conditions of employment and attempts to solve them without the need to refer such cases in front of criminal law courts. Cases involving discrimination and unfair dismissal are referred to the Industrial Tribunal. Inspections in workplaces take place if required, and once a breach is detected it is followed up by the appropriate officers. If the employer does not comply, the case is referred to the criminal law courts.

The Investigative Unit also offers its services to employees after the termination of their employment. The officers in this unit discuss any alleged breach of the labour laws and regulations with the claimant and possibly also with the employer in order to find an amicable solution. Failure to find a solution leads to the registration of a formal claim, and the matter will be investigated by the officer concerned. If still no settlement is reached, the matter will be referred to the police for court action.

The Industrial Tribunal consists of a chairperson and two members representing workers’ interests and employers’ interests, respectively, in cases of industrial disputes. In cases of alleged unfair dismissal, the tribunal comprises solely a chairperson. Its decisions are binding and may not be appealed against for a period of at least one year. In cases of unfair dismissal, the rulings may provide for the reinstatement or award of compensation of the employee concerned.

Use of dispute resolution mechanisms

Conciliation cases, 2012–2021

Note: n.a., not available.

Source: DIER (annual reports for the corresponding years).

New cases before the Industrial Tribunal, 2012–2021

Note: n.a., not available.

Source: DIER (annual reports for the corresponding years).