Workers' consultation rights

The new labour legislation adopted this year lays down the minimum conditions for informing and consulting workers when resolutions are taken affecting the development of a company and, especially, jobs.

Today there is a framework for informing and consulting workers about company restructuring. In fact there are now specific regulations on transfer of business and collective redundancies.

The workforce is to be informed before any fundamental decision is taken for the company's future. Employees are to be consulted on the consequences of such decision on their employment, particularly if jobs are threatened.

The law imposes on the employer the obligation to notify the workers and to begin a consultation process within a specific number of days in cases where there is a merger between two or more organisations.

Consultations are obligatory for decisions likely to lead to significant changes in work organisation or in contractual relations. The consultations are to cover the impact of the transfer on the employees' conditions of work.

Also, in cases of collective redundancies, the employer is duty bound to notify in writing the employees' representatives and to provide the representatives the opportunity to consult with the employer.

Once the consultations begin within the specified number of days established by law, such consultations are to cover ways and means of avoiding the collective redundancies or reducing the number of employees affected by such redundancies or for mitigating the consequences thereof.

On a different note, the information and consultation rights are further enhanced in the health and safety legislation as it is the employer who is to ensure the health and safety at all times of all persons who may be affected by the work being carried out for him.

In addition, it is within the employer's responsibility to provide such information on health and safety matters and to consult the workers' health and safety representative on matters which may affect occupational health and safety.

These information and consultation rights gained by the workers together with other regulations recently introduced and the new Employment and Industrial Relations Act indicate the various enhanced rights of workers and numerous obligations on the employer, which will surely be a contributing factor to improved industrial relations.

Moreover, this new legislation symbolises a major step in developing suitable mechanisms for anticipating industrial change and effects on jobs.

Dr Borg is executive, EU and legal affairs, Malta Employers' Association.