The Labour Party has revived an old proposal to introduce forced and compulsory trade union membership for those citizens who wish to hold a job and work.
As a first essential step to join the world of work, to earn a living, all citizens of this democratic republic, a full member of the European Union, will have to become trade union members and start paying union membership fees.
Through this Labour Party forced membership electoral promise, an employer will be legally precluded from giving a job to a citizen unless they join a trade union and start to pay a union membership fee.
Our forward-looking Labour Party needs to be made aware that, 40 years ago, in the UK, this practice of forced membership was finally discarded. At that time, this concept, as applied in the UK, was called the ‘closed shop’ approach.
Through union pressure, particular companies would be compelled to include a clause in their employment conditions whereby the job applicant, to be able to take up the job, would have to become a fee-paying member of an indicated union. Were such a manifestly retrograde practice to be introduced, Malta would legally become a ‘closed shop’ island: no union card, no job.
We are now in the year 2022 and one here has to admit, and acknowledge, that, definitely following hard work and commitment on the part of trade unions, great progress has been achieved in improving conditions in the world of work.
The current employment legislative framework ensuring dignity and good work conditions for employees did not come about through a miracle. After such great struggles, it is disappointing that the Labour Party, today, is unable to realise that the introduction of obligatory union membership is an unnecessary backward step into the past.
It has been mentioned that forced compulsory membership will go to alleviate financial problems being faced by particular unions. Going by membership returns submitted by local unions to the registrar, in Malta there should be at least 80,000 fee-paying union members.
The introduction of obligatory union membership is an unnecessary backward step into the past- Arthur Muscat
Assuming a €4 monthly membership fee, that adds up to a revenue above €3.5 million.
Furthermore, particular unions have extensive business interests and lucrative state contracts to train unemployed citizens. So, it does not appear that this forced membership has to do with finance.
Maybe it has to do with increasing the ‘political’ clout of particular trade unions.
The Geneva-based International Labour Organisation, (ILO), of which Malta and Maltese trade unions and employers’ organisations are full members, embraces the fundamental principle of ‘Freedom of Association’. The ILO nurtures and promotes this principle worldwide.
Without hindrance or fear, employees must enjoy the right to freely join a union of their choice so that, collectively, they enhance their ability to negotiate their conditions of employment and protect themselves from abuses or exploitation.
It is universally understood and accepted that such ILO freedom also implies the full protection of the right not to become a union member. The United Nations’ declaration of human rights states that no one may be compelled to belong to an association.
Furthermore, chapter 42 of the constitution of Malta states: “Except with his own consent…. no person shall be hindered... to belong to trade or other unions…” In other words, citizens are protected to decide to join just as they are free not to and the Labour Party cannot pretend it is unaware of this.
Employers absolutely oppose and will resist forced memberships. Experienced trade unionists know that serious problems will arise if the issue, in spite of legal barriers, is arrogantly pushed.
A legitimate and effective industrial relations framework must not be dismantled. The Labour Party needs to have a serious rethink on this issue.