Updated: Brussels warns Malta to end discrimination against teachers

The European Commission today stepped up its legal action against Malta over the calculation of work experience acquired by teachers abroad and warned that it might take the issue to court if the island doesn't comply with EU rules.

However, the Maltese government is still maintaining its stand on the issue and refuted claims of discrimination.

In its request, in the form of a 'reasoned opinion', Brussels asked the Maltese authorities to take previous periods of comparable employment acquired by teachers in another EU member state into account when determining working conditions for state school teachers working in Malta.

This also affects Maltese teachers who have worked in a state school in another member state, as their experience abroad is currently not being taken into account when returning to Malta.

In line with the case law of the EU Court of Justice, the European Commission said it considers that comparable working periods acquired in other member states should be taken into account in the same way as is applied to working periods acquired in the Maltese system.

In a reaction rebutting the Commission's arguments, the government said that Malta maintains that it is every employer's prerogative to decide whether or not to take into account previous service with other employers when determining the working conditions of new recruits.

'This has been recognised implicitly by the European Court of Justice, particularly in its judgements on the cases of Schoning (C-15/96) and Kobler (C-224/01),' the government said.

'Issues of discrimination arise where an employer decides to recognise service with some other employers but not others,' a government statement said.

Malta now has two months to inform the Commission of measures it has taken to bring its legislation into line with EU law. Otherwise, the Commission may decide to refer Malta to the EU's Court of Justice.