Government breaches Industrial Relations Law After breaching the right to free collective bargaining

Following partial industrial action ordered by the General Workers’ Union (GWU) at the Enemalta Corporation (Energy Corporation), the Government and the Management have breached the Employment and Industrial Relations Act by suspending employees who followed directives ordered by the Union.

The Government, who owns and conducts major industrial relations on behalf of its companies, has resorted to such action in recent weeks in a number of occasions. Moreover the Employment and Industrial Relations Act only allows managements to hold the union or employees responsible in case of illegitimate industrial action in the eventuality that this is declared by a court. Implying that no management may unilaterally suspend workers following industrial action ordered by a Trade Union.

The management, backed by the Government, suspended the workers after the large majority of workers opted not to sign a declaration by which workers were requested to over-ride the directive of the union and return to their normal duties.

The Government’s breach of the Employment and Industrial Relations Act follows up on the Government’s breach of free collective bargaining as granted by the ILO, where the government introduced a law on public holidays that made void all collective agreements currently in place.

The GWU has now written to all Employers informing them of possible national level sympathy strikes. Meanwhile it has also requested an urgent meeting with the Prime Minister and a meeting of the main social dialogue institution, the Malta council for economic and social development (MCESD). Moreover the GWU has also requested the intervention of the European Trade Union Confederation with the direct involvement of Secretary General John Monks and shall be taking up the case to the International Labour Organisation.

International Department General Workers’ Union, Malta