Battle of collective agreements brewing

The controversial public holidays issue appears far from settled, with the General Workers' Union insisting that employers should add the holidays that fall on weekends to vacation leave whenever this is stipulated in a collective agreement.

On the other side of the fence, the Malta Employers' Association (MEA) has declared that employers should not be pressured by the union to ignore changes in the law.

The association argues that the amendments clearly state that public holidays falling on weekends shall not be added to the annual leave entitlement and that this legislation supersedes any existing contracts, including collective agreements.

"Therefore, employers are within their rights not to add public holidays falling on weekends to the vacation leave entitlement," it said.

The MEA said it expected the GWU to act responsibly. It contends that any industrial action related to this issue would be illegitimate and make the union liable for any damages caused by loss of productivity.

The MEA is keeping in close contact with its members to ensure that the law is upheld. After all, it said, the amended law is intended to contribute, however marginally, to improved competitiveness, a goal endorsed by the GWU itself. Adherence to the laws of the country could not be the object of a dispute between a union and an employer, the MEA said.

Contacted, GWU secretary general Tony Zarb said employers were trying to seek the shelter of the law but the legal advice given to the union contradicted the arguments being put forward by the employers.

The GWU, he said, feels that what has been agreed in collective agreements must be implemented. "We cannot allow the principle of collective bargaining to be undermined. When a collective agreement expires, negotiations will take place and we will see how to deal with the issue at that time, but until they are in force they have to be respected.

"When negotiating a collective agreement, a union makes concessions and wins concessions in return. Had the union known that these days would be lost, it would have asked for other measures in compensation.

"The matter of collective bargaining is an important one for us and the issues that have been negotiated with employers should be implemented."

He said another issue was the clause found in many collective agreements whereby changes in legislation for the better would be conceded to the union but in the case of changes for the worse, the collective agreement would prevail.

"That is why we are insisting that where this is stipulated in collective agreements, it is enforced."

Mr Zarb said the GWU will be referring the public holidays issue to the International Labour Organisation and will raise it in a meeting with the International Confederation of Free Trade Unions next week.