Employment and industrial relations in Malta : an analysis of the current legislation, EIRA and the preceding CERA and IRA

Abstract

The first duty of the State is to safeguard and guarantee its citizens' rights and interests in their broad definition. It must use government authority and control to carry out this duty while shoving aside the insistent pressures of market forces directed to the opposite end. The machinery of the State is there to ensure a decent living for all especially the dependent sector of society - the working class, which has to rely on its unity and solidarity to maintain a decent standard of living. The first Chapter presents a brief introduction on the subject treated in this thesis, whilst the second Chapter contains a historical background of Labour Law in Malta the birth of Trade Unionism in Malta and the establishment of the traditionally prominent Trade Unions in Malta. The third Chapter provides a comprehensive review of the development of the various Acts regulating employment Law in Malta, with the proposed amendments to the CERA and IRA in the 1990's. Furthermore, it provides an overview of the criticism and the proposals given by different entities in Malta on the EIRA. Chapter four, comprehends a detailed comparison between the previous Conditions of Employment (Regulations) Act, and the Industrial Relations Act, with the Draft law presented in 2001. Furthermore, it highlights the differences between the previous Acts with the newly enacted law, that is, the Employment and Industrial Relations Act (2002). This Chapter also reckons an overview on the Industrial Tribunal and the Inspectorate Section. The last Chapter, Chapter five, makes an overview, including the effects of European Legislation on labour law in Malta, and possible proposals for improvements in labour law.