The government is studying the repercussions of a decision by the International Labour Organisation calling for an amendment to the law relating to public holidays that occur on a weekend.

The ILO's Freedom of Association Committee said on Friday law on public holidays does not automatically render null any existing collective agreements. It also said that employers and unions should have a right to negotiate and agree on whether a public holiday which occurs on a weekend should be added on to one's leave.

The decision was confirmed by the ILO's governing body on Monday, though the government says it has not been officially informed in writing.

A spokesman for the Office of the Prime Minister told The Times the ILO is effectively contesting a law drawn up by a former Labour administration, whereby legislation takes precedence over collective agreements. The government had no further comments to make for the time being.

Sounding a victorious tone, the General Workers' Union general secretary, Tony Zarb, said on Monday the decision effectively meant that employers should respect collective agreements laying down that workers should get a day added to their leave in compensation for public holidays falling on a weekend.

In February 2005, in an attempt to boost the country's productivity, the government changed the National Holidays Act in a way that public holidays occurring on weekends would not be compensated with extra days added to vacation leave. Last September the union had lodged a formal complaint with the ILO committee against the decision.

Andrew Borg Cardona, a lawyer specialising in labour relations, noted that ILO "decisions" only have a persuasive value, unlike EU legislation, which is mandatory.

The ILO has recommended that the government does not obstruct freedom of negotiation, which does not necessarily mean that the current situation will be reversed automatically, he said. "The government's reaction will be interesting, as will that of employers," Dr Borg Cardona added.

Malta Employers' Association president Pierre Fava adopted a wait and see attitude.

"The government should take a good look at legislation and amend it. It was aware of the loopholes in the law," he said.

The government changed the law after talks on the social pact failed in 2004, as a result of which, employees lost 15 leave days in four years. The GWU has now called on the government to backdate the leave days sacrificed.

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