Updated February 8 with right of reply
Employees who work on a shift basis are still in the dark over the number of leave days they are entitled to in 2021, with the UĦM union saying it is not being supplied with any information on the matter.
In December, the Cabinet approved a legal measure that would see holidays falling on the weekend being added to employees’ annual vacation entitlement. The National Holidays and Other Public Holidays Act amendment will reverse a budget measure implemented in 2005.
Once the amendment is given the green light in parliament, every public holiday that falls on a Saturday or a Sunday will be added to workers’ annual leave.
But while the government said the measure is aimed at simplifying the issue of public holidays falling on the weekend, employees working on a shift basis have yet to be told how this would impact them.
According to the UĦM, employees working shifts are being told they will not be compensated with an extra day of leave.
This will be especially problematic for those working on a day-in-day-out basis and who could be missing out on all three public holidays falling on the weekend in 2021.
The UĦM said it has sought clarifications on the matter, but it has not been provided with any information.
Times of Malta sent questions to the Minister Within the Office of the Prime Minister, Carmelo Abela, whose portfolio includes social dialogue, but no replies were received by the time of writing.
According to the UĦM, the Department of Employment and Industrial Relations (DIER) is interpreting the leave rules in such a way that some might get as little as 192 hours of leave in 2021. Those getting all three additional days will be entitled to 216 hours of leave.
The union said it had seen correspondence confirming the DIER position.
Government's right of reply
In accordance with the 2017 electoral manifesto, government is making true its pledge to reinstate public holidays falling on weekends in accordance with the procedure which was in effect prior to 2005. Therefore, necessary legal amendments are underway this year to fully implement this measure.
Employment law bestows workers the right for entitlements in relation to public holidays. So as to calculate the entitlements in relation to public holidays, one must make a distinction between the rate of pay applicable when one works on a public holiday, and the compensation given for public holidays which actually are not enjoyed by workers.
It has always been common practice that compensation for public holidays was either given in the form of an additional payment (if one actually worked on a public holiday), or as an additional day added to the yearly vacation leave entitlement (if the public holiday fell on an employee’s day of rest).
In a scenario in which an employee was scheduled to work on a public holiday as part of their normal schedule, that day is not considered to be a day of rest.
Therefore the yearly vacation leave entitlement is not augmented, however, compensation is given in the form of additional payments based on the hours worked on such a public holiday. This principle applies to all workers, irrespective of whether they work on a shift basis or not. This applies unless there are more advantageous conditions as agreed by social partners in collective agreements as applicable.
Ensuring a return of the applicable public holiday entitlements – as evinced by practices prior to 2015 – based on those holidays falling on weekdays truly secures an equal, fair, and sustainable distribution of such entitlements.