Malta's employers have joined forces against a proposal to introduce mandatory union membership, claiming it is a violation of human rights.  

The Malta Employers Association, the Chamber of Commerce, the Chamber of SMES and the Malta Hotels and Restaurants Association said it should be an individual's choice whether to join a trade union.

“Neither the government, employers, nor unions should force employees into membership or non-membership," they said in a joint statement. 

“This fundamental principle, protected by the Constitution of Malta and international conventions such as the United Nations Charter for Human Rights and the European Court of Human Rights, ensures that no employee should ever be forced into union membership or prevented from joining a union."

The employer bodies were reacting to comments by Andy Ellul, parliamentary secretary for social dialogue, who said the government plans to introduce mandatary union membership "well before" the end of its term. 

He said the government has been discussing the matter with social partners but the employer groups said they had no talks with the government on the matter or the models Ellul outlined.

He said the government is considering four models: a system in which every employee is a union member; mandatory union membership only for low-wage earners; obliging third-country nationals to be in a trade union; a sectoral system where mandatory membership applies to just some industries.

The employers’ lobbies said they “firmly rejected, on principle, all models of mandatory unionisation mentioned by Ellul.”

They said that Malta has one of the highest trade union densities in the world.

The employer associations said they oppose worker exploitation and that Malta’s employment laws, along with strong enforcement, are sufficient to “ensure that employees’ rights are safeguarded and that employers operate on a level playing field.”

“The business community is always supportive of proper enforcement of laws and measures which do not tamper with the fundamental principles of freedom of association and the right to organise of each and every individual,” they said.

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