Malta

Union density is relatively high in Malta, with around four out of 10 employees belonging to unions, according to official figures. Two main union groupings, the GWU and UHM, face one another, both organising a wide spectrum of workers, and there is also a third confederation, to which some technical and professional unions belong. There are political differences between the two main groups, but both have worked together in tripartite institutions. Union membership is growing but not as fast as overall employment, which has been strongly boosted by migration. 1

Union density and structure

There are almost 110,000 trade union members in Malta, and the OECD/AIAS ICTWSS database estimates union density at 42.9% in 2019. 2 Official figures from Malta’s Registrar of Trade Unions for the 12 months to 30 June 2023, which are based on the unions’ own records, show that together the 42 trade unions on the register had 109,259 members. 3 They include 12,820 trade unionists who are in the pensioners’ sections of the two main union groupings, and there are also some small unions which did not provide membership figures.

Together this suggests that around 97,000 trade unionists are in employment. With the labour force survey reporting 250,611 employees in Malta in the second quarter of 2023, 4 this indicates that around 39% of Malta’s employees are union members, below the 42.9% estimate in the OECD/AIAS ICTWSS database. The difference is partially explained by the different dates of the two estimates. Although union membership went up by 7% between 2019 and 2023, it grew more slowly that the number of employees, which grew by 19% over the same period. The result is a lower density figure in 2023 than in 2019

In addition, a study, based on a survey of 781 employees in 2014-15 suggests that both figures may be overestimates for union density. Carried out by researchers at the Centre for Labour Studies at the University of Malta, it found that only a third of employees (33.8%) reported that they were union members at that time. 5

Most union members in Malta below to two main groups, the GWU, with 53,503 in 2022-23 members and the UHM with 26,457 at the same time. As both cover a wide range of industries and occupations, they are like union confederations in many other states, although UHM is also a member of a union confederation, the CMTU (see below). 6

As well as the GWU and CMTU there is a third union grouping, known as Forum Unions Maltin (For.U.M.). Initially set up with eight unions in 2004, with the MUMN (nurses and midwives) playing a key role, it now has 14 unions affiliated, which are largely professional and technical. Figures from the Registrar of Trade Unions indicate that together they have it has around 17,000 members, although not all affiliates have submitted membership figures. For.U.M. was primarily set up to give these unions access to national and international bodies, including the tripartite Malta Council for Economic and Social Development, from which they were previously excluded. 7

In addition to the three main union groupings, there are some smaller unions, which often have a high level of membership in the areas they organise (see below).

Individual unions

The GWU, which was founded in 1943, began as an organisation of workers in the British naval dockyard. It now has eight separate sections covering different areas of the economy: chemicals and energy (7,986), government and public bodies (7,978), technology, electronics and communications (5,883), professionals, finance and services (5,659), hospitality and food (5,643), disciplined and security forces (4,586), maritime and aviation (3,115) and metal and construction (3,105) and, as well as a separate pensioners’ association (9,548). Membership figures are from the Registrar of Trade Unions’ 2022-23 report.

The UHM began as a union for clerical workers in the Maltese government in 1966 and it has subsequently extended its membership. It has seven separate sections for employees: health and elderly services (5,767 members), port and transport (5,327), education and care (5,181), public entities and communication (2,420), manufacturing and commerce (2,277), and public service employees (2,213). There is also a UHM pensioners’ section, with 3,272 members.

The UHM and MUBE as well as five smaller unions, including the Medical Association of Malta (doctors), with 910 members, are members of the Confederation of Malta Trade Unions (CMTU). There are around 30,000 members in unions affiliated to the CMTU, although not all have submitted returns to the Registrar of Trade Unions. 8 However, it is the member unions rather than the CMTU that are dominant in the relationship.

The two largest unions in Forum Unions Maltin (For.U.M.) are the MUT (teachers) with 10,201 members, which joined in 2008 after leaving CMTU, and the MUMN (midwives and nurses) with 5,005 members, which played a key role in establishing For.U.M. The remaining 12 affiliates are largely professional and technical, the largest of which is UMASA (academic staff), which has 543 members.

The largest unions outside the three main groupings are the Union of Professional Educators, a teachers’ union with 1,866 members, and two unions for the police, the Police Officers’ union with 1,257 members in 2018, and the Malta Police Association with 1,091 in 2019. Police officers only gained the right to organise in unions in 2015.

Political position

The GWU is close to the social democratic Partit Laburista (Labour Party) and was formally merged with it from 1978 to1992. The other unions emphasise their independence from political parties, although the CMTU and the UHM, 9 its main component, are seen as closer to the centre-right Nationalist Party (PN).

Historically there has been considerable rivalry between the GWU and the UHM, including clashes over recognition rights (rights to bargaining with the employer and represent members in individual companies). However, on some issues there is agreement. Both, for example, support planned European pay transparency measures to reduce the gender pay gap. 10 Relations are better between the GWU and For.UM, who have worked together on a number of occasions, organising joint meetings and conferences.

Legal framework

Trade unions are specifically protected in the Constitution of Malta, which states in Article 42.1 that no-one shall be hindered in their right “to assemble freely and associate with other persons and in particular to form or belong to trade or other unions or associations for the protection of his (sic) interests”.

Their operations are regulated through the Employment and Industrial Relations Act 2002, which, as well as covering a range of individual employment rights, covers industrial disputes and places several organisational requirements on unions.

These include providing for elections for governing bodies “at reasonable intervals” (no time period is imposed), keeping proper accounts and registering with the Registrar.

There are no national rules on “representativeness” but at organisational level a mechanism was introduced in 2016 to determine which has the right to represent workers and negotiate on their behalf when unions are in competition (see Collective bargaining)

Membership trends

Figures from the Registrar of Trade Unions show that overall union membership, which fell when the 2008 financial crisis hit Malta, is again moving upwards. Over 10 years between 2012-13 and 2022-23, declared union membership increased by 19.3%, from 91,576 to 109,259. However, it has not kept up with the growth in the number of employees, which grew by 65.2% over the same period, from 150,120 in the first quarter of 2012 to 247,962 in the first quarter of 2023. 11

One reason for the failure of union membership to keep pace is that many of these new employees come from outside Malta. Figures published the Maltese government in January 2024 show that between 2013 and 2023 the total number of foreign workers in Malta increased from 18,700 to 107,000. Workers from India make up the largest group – 13,158 in 2023, followed by Italians – 11,566, workers from the Philippines – 9,560 and workers from Nepal – 8,157. 12 A separate report from Jobsplus, Malta’s Public Employment Service, found that foreign workers accounted for almost 34% of total domestic employment in 2023, up from just under 5% in 2013, with non-EU national outnumbering nationals from other EU countries by two to one. 13

Language problems and the expectation among some non-Maltese workers that they will only be staying in the country for a short time make it more difficult to recruit these workers. To help to combat this, in 2021 the GWU reached an agreement on dual membership with the Italian union confederation CGIL 14 This strengthens a previous arrangement under which CGIL provided a contact point for Italian workers in Malta. 15

The unions are stronger in the public sector than in the private sector, particularly in the private services sector, with the 2014-15 survey by the Centre for Labour Studies finding that 55% of public sector workers were likely to be organised compared with 22% of private sector workers. This study also found that younger workers were less likely than older workers to be union members. 16

To provide greater protection for workers in precarious employment including foreign workers, in 2019 the GWU called for trade union membership to be made mandatory, with employees who did not wish to join paying into a general fund. 17 This continues to be the GWU’s position. 18 The UHM’s view is compulsory union membership should be introduced gradually. 19

Women

There are also more male than female union members based on the 2022-23 figures from the Registrar of Trade Unions. In the two largest union groupings, men outnumber women – by 32,102 to 21,401 in the GWU and by 15,348 to 11, 109 in UHM. However, there are important unions where women are in a majority, such as the teachers’ union (MUT), the midwives’ and nurses’ union (MUMN) and the bank employees’ union (MUBE). Overall, 61,391 union members are men and 47,868 are women, which means that women make up 43.8% of total trade union membership.

However, as the Labour Force Survey figures for the first quarter of 2023 shows that women account for a very similar 45.1% of employees, it seems that there is little difference in union density between women and men. This was also found by the 2014-15 survey by the Centre for Labour Studies. 20

The key level for collective bargaining is the company level. There is also protection for those not covered by collective bargaining through a series of wage orders for specific industries that set minimum terms, and a system of partial pay indexation through “cost-of-living” adjustments”. 21

The framework

Collective bargaining in Malta takes place at company level at least in the private sector. Only the public sector normally negotiates common conditions across a range of workplaces.

There are no official figures on the coverage of collective bargaining in Malta. However, the OECD/AIAS ICTWSS database estimated collective bargaining coverage at 50.1% in 2016. 22

This is in line with a 2014-15 study on union membership at the Centre for Labour Studies in the University of Malta, which reported that estimates of the proportion of workers covered by collective bargaining ranged “between 50% and 61%”. 23 These figures are slightly above the estimates of union density, which are between 34% and 43% (see section on unions). There are no industry-level agreements to pull up coverage (other than in the public sector) but company-level agreements cover the whole workforce of the company concerned, even if only some employees are union members.

The key rules for collective bargaining are set out in the Employment and Industrial Relations Act 2002 and subsequent regulations. Collective agreements can only be signed with unions, and, since regulations introduced in 2016, there are now specific rules determining which union has the right to conduct negotiations, in other words to be recognised by the employer (see Who negotiates?). 24

Employers are obliged to submit copies of the collective agreements they have signed to the Department of Industrial and Employment Relations, and its annual reports show that in 2022, there were 56 agreements registered 18 new ones, 36 renewals/extensions and two side agreements.

There is some fluctuation between the years with 83 agreements being registered in 2018 and just 33 in 2020 (see table). 25

With agreements normally lasting three years, these numbers suggest that there are between 110 and 150 collective agreements that are updated on a regular basis. A Maltese industrial relations expert estimated in 2018 that around 200 employers had signed collective agreements. 26

Variation in the extent of collective bargaining coverage

There are substantial variations in the extent of collective bargaining coverage, both between the public and private sectors and within industries in the private sector. The 2019 ETUI study on collective bargaining quoted figures suggesting that collective bargaining coverage was 98% in the public sector and 27% in the private sector. 27 Within the private sector, the highest levels of coverage were in finance and banking (66%), education (58%), manufacturing (47%) and transport storage and communication (44%), with retail and wholesale among the lowest at 4%, although the 2010 study that produced these figures also indicates that the higher levels of coverage are often a result of a small number of agreements at a few large employers. 28The ETUI study also pointed to the differing levels of coverage depending on the size of the workplace, with larger workplaces more likely to be covered by collective agreements.

Extending agreements

With no industry-level bargaining, there is no mechanism to extend the terms of collective agreements to employers who did not sign them. However, so-called “wage regulation orders” fulfil a broadly similar purpose in setting minimum pay and conditions in specific industries.

Wage regulation orders are made following recommendations from a board for the industry concerned made up of unions, employers and government-appointed experts, and cover issues such as minimum rates, breaks, annual leave rights, overtime premia and sick pay. Currently 31 separate industries are covered, including private security, construction, travel agencies and food manufacturing. 29

Allowing local variations

With no multi-employer (industry-level) bargaining in the private sector in Malta there is no need for a mechanism to allow individual companies to opt-out or vary the terms of industry-level deal to suit their own circumstances. They negotiate their own terms.

Who negotiates?

The Employment and Industrial Relations Act 2002 provides for collective agreements to be negotiated between “an employer, or one or more organisations of employers, and the organisation or organisations of employees representing the employees”. In other words, negotiations take place between employers and unions.

However, a series of disputes, such as that between the GWU and the Malta Union of Bank Employees at the Bank of Valletta in 2014, 30 indicated that new legislation was needed to establish which union had the right to represent the employees.

The Recognition of Trade Unions Regulations 2016 provided new rules to establish which union the employer should be “recognised” when negotiating rights were disputed. The also provided a mechanism by which a union could require that an employer negotiate with it. The regulations are based initially on the proportion of employees who are members of the unions seeking recognition, with a subsequent ballot of employees, if required.

The Regulations cover three possible cases.

The first is where no union is recognised in an organisation and a union is seeking recognition. In this case the union must show that more than 50% of the employees in that organisation are its members, and, if it can do this, “the employer shall grant recognition to that union”.

The second case is where a union is already recognised but another union wants recognition. Here the union requesting recognition must show that that it has more than 50% of the employees in the organisation as members. However, this, on its own, is not enough to win the right to negotiate. The union requesting recognition must also win a ballot of employees, although only union members in the organisation – both of the union already recognised and of the union requesting recognition – can vote. The reason why a simple membership count is not enough, and a further ballot is needed is because Maltese workers are sometimes members of more than one union.

This is very clear in the third case covered by the legislation, which is where no union is recognised, and two unions are seeking recognition. In this case, if one union has more than 50% of employees and the other does not, the one with the majority in membership gains the right to ask for recognition. However, if two unions both have more than 50% of employees in membership, there is a ballot – again only of union members – to choose between them.

The process is overseen by a government official – the director of Industrial and Employment Relations – and is intended to produce a rapid result. The union or unions and the employer involved must provide lists of members and employees within 48 hours of a request and the whole process, from initial request to a decision on the recognised union, should be completed in 28 days. Union members are defined as those who are no more than three months in arrears in paying their membership fees. Once recognition has been granted no other union can make a request for recognition for at least one year. In addition, in an organisation where a union already has recognition, it cannot be challenged by another union in the three months before and three months after the expiry of the relevant collective agreement.

The 2016 Regulations was broadly welcomed by unions and employers. 31 However, there has been some concern that they have not dealt with the growing tendency for different unions to represent different categories of the workforce and sign separate agreements.

It is important to note that the procedure foreseen by the Regulations only applies where previously no union was recognised or where recognition is contested. In most organisations, union recognition is based on past practice.

In practical terms, negotiations are normally conducted by union officials, although they also take into account the demands of local union representatives and members. 32

Industrial action

The main legislation covering industrial action is the Employment and Industrial Relations Act 2002, although the Recognition of Trade Unions Regulations 2016 are also relevant, as they limit the possibility of taking industrial action in relation to trade union recognition.

The legislation does not include a positive right to strike but provides unions with immunity against civil claims which might otherwise be brought for breach of contract, and protects employees against dismissal, when the action is “in contemplation or furtherance of a trade dispute” (Articles 63 and 64 of the Employment and Industrial Relations Act 2002). A trade dispute is defined in Article 2 as a dispute between employers and workers, or between workers and workers, over a range of issues, which as well as “terms and conditions of employment”, also include dismissals, work allocation, matters of discipline and union facilities. The legislation also provides for a right to picket peacefully.

There are no procedural requirements, such as the need to ballot before a strike, but trade disputes must be registered, and the Department of Industrial and Employment Relations states that it “takes a proactive approach towards the settlement of trade disputes … [and its officials] … make a special effort to mediate and conciliate to … avoid strikes or other forms of industrial action”.

The Employment and Industrial Relations Act 2002 also provides for a minimum level of services on some areas, such as the distribution of electricity or water, with the level to be decided (in the case of electricity and water) by the union and the employer, or, where they cannot agree, by the Industrial Tribunal. 33

There are no official statistics on the number of strikes in Malta.

Length and timing of agreements

Agreements typically last three years, but in certain circumstances, where the conditions in the company concerned justify it, they may only last one or two years. However, in public administration, which with around 33,000 employees makes up a major part of the economy, the deals last longer. The 2012 settlement ran for six years from the start of 2011 until the end of 2016, and the agreement reached in 2017 ran for eight, from the start of 2017 until the end of 2024. The subsequent settlement, agreed in principle in October 2024, will last for six years from January 2025. 34

The subject of the negotiations

Agreements cover a wide range of issues including pay, working time, health and safety, grievance and disciplinary procedures, bonuses and sick pay.

Although pay and grading is central to most collective agreements, a key aspect of pay is set by the government. This is the “cost-of-living adjustment” (COLA), which is fixed annually through “national standard orders” and must be paid by employers to all employees, with pro-rata amounts paid to part-time employees.

It is not a full system of pay indexation, but the government sets minimum amounts – in absolute figures rather than in percentages – by which pay should go up each year. The COLA figure is calculated annually based on the increase of the Retail Price Index (a measure of inflation) and the new figure must be paid to all employees from 1 January each year.

Trends in collective bargaining

The lack of regular statistics on collective bargaining, other that the number of agreements registered with the Department of Industrial and Employment Relations makes it difficult to assess trends in collective bargaining. There are certain many areas of economic activity, particularly those employing large numbers of migrant workers, which remain outside collective bargaining. However, looking back at 2023, the Eurofound report on developments pointed to press reports that confirmed “the inroads the trade unions have successfully made in sectors dominated by white collar workers who traditionally have been non-unionised”. 35

Minimum wage

Malta has a national minimum wage, although the basis on which it has set has varied over time. In March 2023, the government set up a Low Wage Commission, composed of representatives of the unions, the GWU, UHM and For.U.M, the employers and the government, and asked it to propose ways in which the minimum wage could be revised. The governing party, Partit Laburista (Labour Party), had already promised to increase the minimum wage in its 2022 election manifesto.

In October 2023, following recommendations from the Low Wage Commission, an agreement was reached between the unions, employers and the government to increase the minimum wage by more than inflation for 2024 and for each of the next four years. This means that low paid employees benefit from an increase in the minimum wage on top of the inflation-linked COLA (Cost of Living Allowance), which they also receive. 36

Joint employer/union body at national level

Malta has a tripartite body for social dialogue at national level, the Malta Council for Economic and Social Development (MCESD), bringing together unions, employers and government. The three main union groupings in Malta all have representation, the GWU and For.UM each have two, and the UHM and the CMTU (in which the UHM is the leading affiliate) have one each. 37 The MCESD provides a forum for the parties to discuss social and economic issues, such as the government’s budget plans and its vision for the future.

In Malta it is the union – provided it is recognised by the employer – that normally represents the employee at workplace level. However, EU directives have led to new arrangements for non-unionised employees, although it does not seem that these have been taken up to any extent. In addition, Maltese legislation still gives clear primacy to the union, as non-union arrangements disappear if a union is established.

The basic structure

Workplace representation in Malta is primarily through the union. The Employment and Industrial Relations Act (EIRA 2002), the key piece of industrial relations legislation, specifically states that, “employee representative … means the recognised union representative” (recognised means that the employer negotiates with the union). Only where there are no unions present does the legislation provide for an alternative. EIRA 2002 states that that in the case of non-unionised employees, [employee representative] shall mean such representative duly elected from amongst the non-unionised employees, by means of a secret ballot called for such purpose by the director [of the government agency responsible for industrial relations].”

This addition is in large part to meet the requirements of EU directives covering the provision of a general framework for information and consultation, as well as information and consultation in cases of redundancy and business transfer. In all three cases, arrangements have been made to allow non-unionised employees to be represented. There is no detailed information on the extent to which these arrangements have been used, although it seems that the take up has been very limited.

The extent of workplace representation

There are official figures on union membership in Malta, compiled by the Registrar of Trade Unions (see Union density and structure). However, these do not provide information on how unions, the key form of employee representation in Malta, are distributed between workplaces. There is therefore no national data on the extent of employee representation at the workplace.

Figures from Eurofound’s 2019 European Company Survey indicate that employee representation at workplace level is limited. In 2019, only 6% of establishments in Malta with at least 10 employees had some form of employee representation, in the majority if not all cases through trade union representatives. This is only around one-fifth of the EU27 average of 29%. 38 The proportion is higher in larger workplaces (250 employees and above), where 24% had union representation, compared with 75% in the EU27. In workplaces with between 10 and 49 employees, the figure was 9% (51% in EU27).

The role of unions

The starting point for most representation through the union is that the union should be recognised, in other words that the employer should be willing to negotiate with the union. This was previously a practical question of the strength of the union and the attitude of the employer, with employers normally willing to recognise a union, if it could show that a majority of the workforce were union members. In addition, the Department of Industrial and Employment Relations (a government body) was sometimes involved when recognition was disputed between unions. However, since December 2016, when the Recognition of Trade Unions Regulations came into force, trade union recognition has been regulated by law. 39

The details of these new rules are set out in the section on collective bargaining. However, in broad terms where a union can show that more than 50% of the employees of an organisation are its members the employer must recognise it. In some cases, there is a further ballot of union members. But this is only when there are two unions involved, either where an existing recognised union is challenged by another, or where two unions can both show they have more than 50% of the employees in membership – possible where employees are members of more than one union. In these cases, a ballot of union members decides which union has recognition.

In two specific instances, covering collective redundancies and business transfers, the union has a role even if it is not recognised. Here the EIRA 2002 legislation states that the employer has a duty to inform and consult the “employees’ representatives”. If the union is recognised, then it is informed and consulted. If there are union members but no recognition, then the union represents unionised employees. Non-union employees elect their representative in a secret ballot.

In the more general area of information and consultation, where structures need to be permanent rather than linked to a specific occurrence (such as redundancy or transfer), legislation, introduced in 2006, has provided for additional structures. (These structures are subject to an employment threshold – see below.)

Unionised employees, where the union is recognised, are represented by their union in terms of their information and consultation rights. But, if there are categories of workers who are not represented by the recognised union or unions, they elect their own representatives who, together with the union representatives, enjoy general information and consultation rights. The same rules apply if there are no unions in the company at all.

The legislation also guarantees the primacy of the union structures. If a union is later recognised for a group of workers who were previously not covered by a recognised union, the term of office of any non-union representatives elected under the 2006 legislation ends, and they are replaced by union representatives.

Despite the potential for non-unionised structures for information and consultation to emerge through this legislation, the reality of employee workplace representation in Malta at present is that it either takes place through the union or it does not take place at all.

Numbers and structure

The number and structure of local union organisation at the workplace is an issue for the unions involved to determine. Generally, a union appoints a representative, often called a shop steward, for every 50 employees who are registered as members with the union. In bigger companies, there will often be a core group of four shop stewards to discuss major issues with management.

The 2006 legislation, requiring the setting up of information and consultation structures, applies to companies with 50 or more employees. 40

The legislation does not set out the precise numbers of information and consultation representatives, only that as well as the representatives of the recognised union – number unspecified – “no more than one representative” should be elected for each category of employees not represented by a recognised union.

Operation

The operation of the union structure at the workplace, such as the frequency of meetings is not set out in legislation. However, of non-union representatives, elected for the purpose of information and consultation should meet at least once every six months.

Election and term of office

In the case of union representatives, the election and term of office depend on the union’s rules.

In the case of non-union representatives for information and consultation, they should be elected in a secret ballot organised by the employer, with the Department of Industrial and Employment Relations being informed about the procedure and potentially able to intervene if there are complaints. There are no special nomination requirements for candidates, although any candidate standing must have passed his or her probationary period.

The term of office of these non-union representatives is three years, although, as already noted, their term of office is terminated if subsequently a union is recognised for the group of employees they represent.

In the case of non-union representatives for consultation on redundancy and transfer, the ballot to choose them is organised by an official of the appropriate ministry. Their term of office is limited by the length of time consultation over the redundancy or transfer lasts.

Tasks and rights

The key tasks of the local union workplace organisation are to discuss and deal with day-to-day issues with management as well as representing union members facing difficulties with the employer. The union representative also takes an active role in collective bargaining and may be one of the signatories or a witness to the signature of a collective agreement.

As a result of the transposition of EU directives, union representatives should also be informed and consulted on a range of issues. The 2006 legislation requires them to be informed about the company’s “activities and economic situation” and to be informed and consulted about the “situation, structure and probable development of employment” as well as being informed and consulted about “decisions likely to lead to substantial changes in work organisation or in contractual relations”. This phrasing is taken verbatim from the directive, and it is unclear how far it has led to changes in practice. Union representatives should also be consulted about redundancies and business transfers.

The same information and consultation requirements also apply to non-union representatives.

Protection against dismissal

Employee representatives, and trade union members more generally, are protected against dismissal by the EIRA (Section 36 (14)). This states that employers may dismiss an employee without compensation for “a good and sufficient cause”. However, it goes on to state that the fact that “an employee at the time of the dismissal was a member of the trade union or is seeking office as, or acting or has acted in the capacity of an employees’ representative” is not a “good and sufficient cause”.

This wording means that employees’ representative, who in most cases are trade union members, may not be fairly dismissed for this activity, not just during their period of office but also when they are standing for office and after their period of office has ended.

Where someone is dismissed in these circumstances, the employee can take the case to the labour court (the Industrial Tribunal), and if it finds that the dismissal was not for a good and sufficient cause, it will require the employer to reinstate, re-engage, or compensate the employee concerned.

The 2006 legislation on information and consultation also provides specific protection for elected information and consultation representatives. 41 They enjoy the same protection as other employee representatives and in particular they should not “suffer any detriment, including dismissal” for their activities (Section 9).

Time off and other resources

Collective agreements may provide for time off and specific resources for trade union organisations. Otherwise, there is no general provision.

The one exception is the 2006 legislation on information and consultation. It provides that information and consultation representatives have a right to “reasonable time off with pay” during working hours to perform their functions as representatives.

Training rights

Trade unionists and employee representatives do not have a statutory right to participate in training.

Representation at group level

The legislation does not provide for group level representation of employees.

Board-level employee representation in either public or private sector companies no longer exists in Malta.

The extent of board-level employee representation

Maltese companies’ legislation provides for both private limited companies (Ltd) and public limited companies (plc), whose shares can be publicly traded. In neither case is there a legal requirement for board-level employee representation.

In the past there were employee directors on the boards of some state-owned or recently privatised companies. These have now all gone. The disappearance of employee directors was a consequence of policy decisions by the Nationalist Party (PN) government, in office from 1998 to 2013. Employee directors were either lost when companies were privatised or simply removed from state-owned companies. 42 The statutory provision for the last worker director, at the energy company Enemalta, was finally removed in 2014, when the bulk of the activities of the Enemalta Corporation were transferred to Enemalta plc. 43

Most Maltese employee representatives for European bodies are elected by a ballot of the whole workforce. However, the legislation is less clear for Maltese members of the representative body and the board of a European Company set up under the fallback procedures.

European Works Councils

Maltese members of the special negotiating body (SNB) for an EWC are elected by secret ballot of all employees. They must be employees. 44

The situation is the same for Maltese members of an EWC set up under the fallback procedure in the annex to the directive.

European Company

Maltese members of the special negotiating body (SNB) for a European Company are also elected by secret ballot of all employees. They must either be employees or, “if the management … so permits” they can be external trade union representatives. 45

The Maltese legislation implementing the EU directive on the European Company does not include specific details on how the Maltese members of the SE representative body, set up under the fallback provisions of the annex to the directive should be appointed. It simply states that “the election or appointment of members of the representative body should be carried out by the special negotiating body, in accordance with any method it adopts”.

In the same way the Maltese legislation leaves the method of selection of employee representatives at board level under the fallback provisions of the annex to the directive to the representative body. There are no specific rules for Maltese members.

Workers’ health and safety representatives represent Maltese employees in the area of health and safety. However, the legislation does not specify how many should be appointed or define their precise powers. They should be chosen by the employees in the first instance but, if the employees do not make a choice, the representatives are appointed by the employer.

Employee health and safety bodies

Employee are represented in the area of health and safety by a workers’ health and safety representative (rappreżentant tas-saħħa u s - sigurtà tal –ħaddiema). The legislation does not provide for health and safety committees, either jointly with the employer or for the employees alone.

Numbers and structure

Primary health and safety legislation, which was substantially updated in 2024, does not contain a specific threshold for the appointment of workers’ health and safety representatives or the number that should be appointed in larger workplaces. It says only that “a person or persons to act as the workers’ health and safety representative or representatives” should be chosen, when “a number of workers are employed” and that this number is to be set by subsequent regulations.

In practice, in the past, the Occupational Health and Safety Authority normally expected a workers’ health and safety representative to be chosen in workplaces with 10 or more employees. In smaller companies, the employer was expected to inform and consult employees directly on health and safety issues.

Research by the European Agency for Safety and Health at Work in 2019 found that 61% of workplaces in Malta had health and safety representatives, slightly more than the EU27 average of 56%. (The figures are for workplaces with five or more employees.)46

Tasks and rights

There is a general duty on the employer to inform employees and their representatives about:

• risks and risk assessments;
• the preventive and protective measures taken; and
• the procedures to be followed in respect of serious and imminent danger, including evacuation, as well as the arrangements for first aid and firefighting.

There is a specific duty on the employer to inform workers’ health and safety representatives about:

• risk assessments and protective measures; and
• information on health and safety given to the employer by outside agencies working for the employers as well as by an officer of the health and safety authority.

The employer should consult workers and/or workers’ health and safety representatives “in advance and in good time” to promote measures to ensure health and safety at work.

Workers and workers’ health and safety representatives can make proposals on issues affecting health and safety at work, in particular on:

• measures with a substantial impact on health and safety;
• the appointment of employees with responsibilities for fire fighting, first aid and evacuation;
• risk assessments and preventive and protective measures;
• accidents at work and occupational diseases;
• the appointment of health and safety experts or outside health and safety consultants;
• the information given to employees on health and safety issues; and
• health and safety training.

Workers’ health and safety representatives have a specific right to ask the employer to take measures to remove or mitigate hazards, as well as making proposals as to how that might be done. They can also make representations to the health and safety authority if they consider that the employer is not doing enough to ensure health and safety at work.

They should also be specifically informed and consulted about the health and safety implications of the introduction of new technology.

Frequency of meetings

There are no committees in the Maltese structure, and the legislation also does not specify how frequently the workers’ health and safety representatives should meet the employer.

Election and term of office

Workers’ health and safety representatives are elected or chosen by employees – the method of appointment is not specified in legislation, although it says that employees can make proposals to the employer on how they should be selected.

Where, for whatever reason, the workers fail to choose an employee to represent their interests, the employer should appoint an employee to act as the workers’ health and safety representative. It is the duty of the employer to ensure that there is a representative, when there are “sufficient” employees for this to be necessary (see Numbers and structure). The person so appointed can then act on the employees’ behalf after consultation.

A survey by the General Workers’ Union in 2007 found that just over a quarter (28%) of health and safety representatives were elected by the employees and the same proportion (28%) were chosen by management. Almost half (44%) were chosen in some other way. 47

The term of office is not specified in the legislation.

Resources, time off and training

The legislation states that workers’ health and safety representatives should have “adequate” paid time off to carry out their functions, but it does not define how much this should be. It also states that the employer should provide them with “the necessary means” to exercise their rights and functions but again does not define this precisely.

Workers’ health and safety representatives should receive “appropriate training”, which should be during working time and paid for by the employer. However, the period required is not specified in the legislation.

Protection against dismissal

Workers’ health and safety representatives should not be disadvantaged because of any activity undertaken in relation to their health and safety responsibilities. In particular, they should not face disciplinary or other action if they have advised workers of an imminent and serious danger to life or health and these workers have stopped work.

Other elements of workplace health and safety

Maltese legislation does not set out specific thresholds for the appointment of health and safety experts. However, it does state in the key regulations that the “employer shall designate one or more persons having the necessary aptitude, capabilities, competence and training to assist” assist the employer in taking the necessary measure to ensure a health and safe working environment. It is left to the employer to decide how many health and safety experts are needed and the level of qualifications and training they need, taking account of “the size of the undertaking and, or establishment, the number of persons present at any time, the hazards to which the workers are exposed and their distribution”. If the employer does not employ these individuals directly, he or she may use external health and safety experts or an external health and safety service instead. The Maltese Occupational Health and Safety Authority provides training for health and safety experts and maintains a competent person register (of external health and safety experts)

National context

The ministry responsible for health and safety at work is the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties (Ministeru għad-Djalogu Soċjali, Affarijiet tal-Konsumatur u Libertajiet Ċivili) and the body with day-to-day responsibility is the Occupational Health and Safety Authority (Awtorità għas-Saħħa u s-Sigurtà fuq il-Post tax-Xogħol). As well as developing policy, the Occupational Health and Safety Authority is also body responsible for ensuring compliance with Malta’s health and safety laws.

Trade unions and employers are able to influence health and safety policy through their membership of the board of the Occupational Health and Safety Authority. The unions and the employers each have seats of the nine-person body, although the individuals are appointed by the government to represent the respective interests of the employers and the employees. The other five members are government appointees, most with specific expertise. 48

Health and safety legislation in Malta makes specific reference to the need to tackle psychosocial risks. The 2000 Occupational Health and Safety Authority Act sets out the “measures that need to be taken by an employer to prevent physical and psychological occupational ill-health, injury or death”.

Key legislation

Health and Safety at Work Act, 2024 (ACT No. XXXIII of 2024) 9 August 2024 https://parlament.mt/media/129863/att-xxxiii-health-and-safety-at-work.pdf

General provisions for health and safety at workplaces regulations 24 January 2003: Legal notice 36 of 2003 https://legislation.mt/eli/sl/424.18/eng/pdf

• 1

  For a detailed examination of trade unions in Malta see Malta: Trade union resilience in a changing

  Environment by Manwel Debono and Luke Anthony Fiorini in Trade Unions in the European Union, edited by Jeremy Waddington, Torsten Müller and Kurt Vandaele, Peter Lang, 2023 https://www.etui.org/sites/default/files/2023-06/Chapter20_Malta_Trade%20union%20resilience%20in%20a%20changing%20environment_2023.pdf 

• 2

  OECD/AIAS ICTWSS database, http://www.oecd.org/employment/ictwss-database.htm

• 3

  Report by the Registrar of Trade Unions: 2022-23 https://dier.gov.mt/en/About-DIER/Archives/Reports%20by%20the%20Registrar%20of%20Trade%20Unions/Documents/Trade_Union_Report_2022_23.pdf

• 4

  Labour Force Survey: Q2/2019, NSO News Release 30 September 2019

• 5

   An analysis of trade union membership in Malta, by Manwel Debono, Xjenza, 2018, Volume 6, Issue 1 https://www.um.edu.mt/library/oar/bitstream/123456789/33871/1/Xjenza%2c_6%281%29_-_A6.pdf

• 6

  These and the other union membership figures come from the Report by the Registrar of Trade Unions: 2022-23 https://dier.gov.mt/en/About-DIER/Archives/Reports%20by%20the%20Registrar%20of%20Trade%20Unions/Documents/Trade_Union_Report_2022_23.pdf

• 7

  Trade union resilience in a changing Environment by Manwel Debono and Luke Anthony Fiorini in Trade Unions in the European Union, edited by Jeremy Waddington, Torsten Müller and Kurt Vandaele, Peter Lang, 2023 https://www.etui.org/sites/default/files/2023-06/Chapter20_Malta_Trade%20union%20resilience%20in%20a%20changing%20environment_2023.pdf

• 8

  CMTU – MUBE https://mube.org/cmtu/

• 9

  See Tony Zarb, last of the militants by James Debono Malta Today October 2015  https://www.maltatoday.com.mt/news/national/57852/tony_zarb_last_of_the_militants#.XqayM2hKiUk

• 10

  Unions and employers clash on compulsory wage transparency to address gender pay gap by Massimo Costa, Malta Today November 2019 https://www.maltatoday.com.mt/news/national/98715/watch_unions_and_employers_clash_on_compulsory_wage_transparency_to_address_gender_pay_gap#.XqlnGGhKiUk

• 11

  National Statistics Office – Malta: News releases, Labour Force Survey January-March 2013 and January-March 2023

• 12

  How foreign workers are driving Maltese industries, Times of Malta, 2 February 2024 https://timesofmalta.com/article/how-foreign-workers-driving-maltese-industries.1081028#:~:text=Malta's%20changing%20workforce,up%20from%2025%25%20in%202019.&text=The%20number%20of%20foreign%20workers%20in%20construction%20has%20shot%20up,over%2010%2C500%20five%20years%20later and 68,755 third-country-nationals were registered as working in Malta in July 2023, The Malta Independent 8 January 2024 https://www.independent.com.mt/articles/2024-01-08/local-news/68-755-third-country-nationals-were-registered-as-working-in-Malta-in-July-2023-6736257629

• 13

  jobsplus Annual report, 2023 https://jobsplus.gov.mt/media/fonp1nab/jobsplus-annual-report-2023.pdf 

• 14

  https://www.cgil.it/ci-occupiamo-di/politiche-internazionali/lavoro-siglato-accordo-tra-general-workers-union-di-malta-e-cgil-per-alleanza-sindacale-transfrontaliera-dliagl6s 

• 15

  Cgil e Gwu, il 30 novembre a Malta inaugurazione contact point con Landini, CGIL website 26.11.2019 http://www.cgil.it/cgil-e-gwu-il-30-novembre-a-malta-inaugurazione-contact-point/ 

• 16

  An analysis of trade union membership in Malta, by Manwel Debono, Xjenza, 2018, Volume 6, Issue 1

• 17

  GWU’s planned mandatory union membership allows paid opt-out, Times of Malta, 22 August 2019 https://timesofmalta.com/articles/view/gwus-planned-mandatory-union-membership-allows-paid-opt-out.730165)

• 18

  GWU again insists on mandatory union membership, Time of Malta, 27 April 2023 https://timesofmalta.com/article/gwu-insists-mandatory-union-membership.1028135

• 19

  Trade union resilience in a changing Environment by Manwel Debono and Luke Anthony Fiorini

• 20

  An analysis of trade union membership in Malta, by Manwel Debono, Xjenza, 2018, Volume 6, Issue 1

• 21

  For a detailed examination of collective bargaining in Malta see Malta: moving away from confrontation by Manwel Debono and Godfrey Baldacchino, https://www.etui.org/sites/default/files/2023-06/Chapter20_Malta_Trade%20union%20resilience%20in%20a%20changing%20environment_2023.pdf in Collective bargaining in Europe: towards an endgame, edited by Torsten Müller, Kurt Vandaele and Jeremy Waddington, ETUI, 2019

• 22

  OECD/AIAS ICTWSS database, http://www.oecd.org/employment/ictwss-database.htm

• 23

  An analysis of trade union membership in Malta, by Manwel Debono, Xjenza, 2018, Volume 6, Issue 1 https://www.um.edu.mt/library/oar/bitstream/123456789/33871/1/Xjenza%2c_6%281%29_-_A6.pdf

• 24

  Recognition of Trade Union Regulations, 2016

• 25

  Annual Reports of Department of Industrial and Employment Relations: https://dier.gov.mt/en/About-DIER/Archives/DIER%20Annual%20Reports/Pages/DIER%20Annual%20Reports.aspx

• 26

  Godfrey Baldacchino quoted in Would you agree with compulsory union membership? By James Debono, Times of Malta, 8 November 2018 https://www.maltatoday.com.mt/news/budget-2019/90748/would_you_agree_with_compulsory_union_membership#.XrBWoKhKiUk

• 27

  Malta: moving away from confrontation by Manwel Debono and Godfrey Baldacchino, in Collective bargaining in Europe: towards an endgame, edited by Torsten Müller, Kurt Vandaele and Jeremy Waddington, ETUI, 2019

• 28

  Thirteen years later: trade unions in the Maltese private sector revisited by Godfrey Baldacchino and Rebecca Gatt, 2010 Centre for Labour Studies, Biennial report 2009-10 https://www.um.edu.mt/library/oar/bitstream/123456789/41244/1/Thirteen_years_later.pdf

• 29

  Sectoral Minimum Conditions of Employment https://dier.gov.mt/en/Employment-Conditions/Sectoral%20Minimum%20Conditions%20of%20Employment/Pages/Sectoral-Minimum-Conditions-of-Employment.aspx

• 30

  GWU holds MUBE responsible for damages in BOV dispute, Times of Malta, February 2014, https://timesofmalta.com/articles/view/gwu-holds-mube-responsible-for-damages.505760

• 31

  See Solved: the quest for trade union recognition by Vanessa Macdonald, Times of Malta, January 2017 https://timesofmalta.com/articles/view/Solved-the-quest-for-trade-union-recognition.636316

• 32

  Malta: moving away from confrontation by Manwel Debono and Godfrey Baldacchino, in Collective bargaining in Europe: towards an endgame, edited by Torsten Müller, Kurt Vandaele and Jeremy Waddington, ETUI, 2019

• 33

  The right to strike in the public sector: Malta, ETUI, EPSU https://www.epsu.org/sites/default/files/article/files/Malta%20-%20Right%20to%20strike%20in%20the%20public%20sector%20-%20factsheet%20upd%202021.pdf 

• 34

  33,000 public service workers to receive ‘significant increases’, Times of Malta, 27 October 2024   https://timesofmalta.com/article/33000-public-service-workers-receive-significant-increases.1100136

• 35

  Malta: Developments in working life 2023 by Saviour Rizzo and Luke Fiorini, Euofound 
    https://www.eurofound.europa.eu/sites/default/files/2024-07/wpef24054.pdf 

• 36

  Minimum wage to increase every year for next four years. Times of Malta, 25 October 2023 https://timesofmalta.com/article/minimum-wage-increase-every-year-next-four-years.1063410 and Minimum wage deal signed at ceremony with social partners, Times of Malta, 28 October 2023 https://timesofmalta.com/article/minimum-wage-deal-signed-ceremony-social-partners.1064046

• 37

  MCESD Council  https://mcesd.org.mt/mcesd-council/

• 38

  European Company Survey 2019 - Workplace practices unlocking employee potential, by Gijs van Houten and Giovanni Russo, Eurofound 2020, Figures for Table 72 https://www.eurofound.europa.eu/system/files/2020-11/ef20001en.pdf

• 39

  See https://dier.gov.mt/en/Industrial%20Relations/Registrar%20of%20Trade%20Unions/Pages/Trade-Union-Recognition.aspx

• 40

  Employee (Information and Consultation) Regulations, 2006 

• 41

  Employee (Information and Consultation) Regulations, 2006

• 42

  Is employee board level representation on the way out? by Saviour Rizzo, Times of Malta, 16 November 2006 https://timesofmalta.com/articles/view/is-employee-board-level-representation-on-the-way-out.35080

• 43

  Enemalta (Transfer of Assets, Rights, Liabilities and Obligations) Act, 2014

• 44

  European Works Council (Further Provisions) Regulations, 201, LN 217 of 2011

• 45

  Employee Involvement (European Company) Regulations, 2004, as subsequently amended, LN 452 of 2004

• 46

  Third European Survey of Enterprises on New and Emerging Risks (ESENER 2019): Overview Report How European workplaces manage safety and health, European Agency for Safety and Health at Work https://osha.europa.eu/en/publications/esener-2019-overview-report-how-european-workplaces-manage-safety-and-health 

• 47

  Situation of workplace health and safety representatives, EWCO, 2007 http://www.eurofound.europa.eu/ewco/2007/09/MT0709019I.htm

• 48

  For more information on the national context see OSH system at national level – Malta, OSH Wiki  https://oshwiki.eu/wiki/OSH_system_at_national_level_-_Malta