Protecting workers' rights

Article 1 of the Maltese Constitution states that our democratic republic is based on work. And this is undoubtedly true since it is the worker who, through his hard work, enhances productivity and provides an incentive for investment opportunities by entrepreneurs wishing to invest in growing companies.

The worker also stimulates the multiplier effect in the economy when he spends his salary on the commodities he requires. It takes no great effort to realise that when unemployment rises, the economy falls behind since its efficiency and growth potential are at a standstill.

It is therefore sensible to protect and enhance the rights of the worker from both an economic and social aspect.

It is nonsensical to sideline workers' rights by treating them like cogs in the wheel of production and downsize their status as people with social and psychological needs, besides economic ones.

In a business environment full of cutthroat competition, employers are forced to engage in fierce cost-cutting.

Unfortunately, this often results in employers forcing employees to go out of their way to increase productivity at the lowest possible cost, even if this means working longer hours and at weekends for a low remuneration.

Given a growing availability of labour, and a resulting increase in competition among workers, employers now find it easier to dictate what conditions of employment to offer.

In a free market, the worker is therefore bound to work just like any other tool of production, such as computers and machinery. The worker's rights will consequently have little effect unless they are supported by enforceable and up-to-date legislation that protects such rights.

The worker has several rights which are not always, or perhaps rarely, in the employer's interest. Primarily, the worker has a right to a just wage to permit him to enjoy an independent status as a person, social recognition and to enable him to fulfil his ambitions.

The worker is also entitled to satisfaction in the workplace, which depends considerably on conditions in the workplace such as sanitation, safety precautions, employer-employee relations, possibilities of career advancement and working hours.

Safety precautions at the workplace are indispensable to put the worker's mind at rest as regards his security from dangers.

The worker is also entitled to adequate working hours that respect his personal; familiar and social needs as long as this does not interfere with his performance at the place of work.

For instance, the worker should generally be exempted from working regularly on Sundays and public holidays and long overtime hours except when these are really required.

These are all rights that should be enshrined in legislation relating to workers' rights. It was therefore a good step that the law regulating workers' rights has been revised and that a bill proposing amendments to the Conditions and Employment (Regulation) Act - known as CERA - has recently been enacted by Parliament.

Despite several discussions to bring the CERA and IRA laws up-to-date, little had been done to actually modernise these laws to present-day realities. The present law on the conditions of employment, the CERA, was written half a century ago with only minor amendments since then.

The new Act hs now introduced several new concepts such as a privileged pay to employees in case their company is liquidated, protection in the event of victimisation or sexual harassment, and changes with regard to fixed contracts as well as periods of probation and notice.

However, there is the need for workers to be informed on the new provisions of the Act, as they are its main focus! It is important to note that the definition of collective agreement does not mention trade unions or workers' representatives.

It simply mentions the principal and the worker without giving due attention to workers who have a strategic role in negotiating a collective agreement.

We are living in a rapidly changing environment of work. Working conditions have to be changed to reflect the realities of the present day.

The proposals listed in the Act, although not complete, are intended to update the law in view of present-day demands.

Our work laws are too old and fail to address the requirements of today's workers. We have been waiting too long to see amendments to the laws with little or nothing actually being done.

I hope that workers gain more rights once this law is enacted, because it is in the national interest to protect the worker.

The worker spins the wheel of the economy, boosting productivity and efficiency, and ensuring that our country remains stable in the present precarious situation.