(Adds GWU's reaction)

The Employers' Association said today that workers who were drunk or suffered other self-inflicted conditions such as sunstroke should not be entitled to paid sick leave.

In proposals for amendments to the Employment and Industrial Relations Act the association also said that public holidays which fall on workers' day off between Mondays and Fridays should not be added to annual leave because that discriminated against other workers who lost public holidays which fell on weekends.

MEA President Arthur Muscat and Director-General Joe Farrugia said the proposals have  been presented to the MCESD for discussion. 

They said that among other proposals, the law should better define "union member" as "an up to date fully paid up member". This would address issues of union recognition that can lead to industrial action. The law should also feature
clearer provisions on union recognition.

The MEA said that employers should be given three days notice when unions plan strike action. This would allow the employer to take precautions to protect the business.

Employers, the MEA added, should be authorised to deduct wages in certain circumstances. At the moment the employer is obliged to pay salaries before any debts, but there were circumstances when employees owed money to their company.

There were also circumstances when an employee left without working notice. 

On public holidays, the MEA explained that holidays falling on weekends are not added to workers' leave and this created unfair playing field with those working in shift.  Those who worked Mondays to Fridays should also forfeit public holidays falling on off day. 

The association called for faster proceedings before the Industrial Tribunal. In some cases the chairpersons were not experienced in the law and this created problems. 

The process, the MEA added, should also include the possibility of appeal and parliament should not be able to annul a decision of the tribunal.

Furthermore, when cases of unfair dismissal were upheld, compensation should  be capped at 18 months salary. At the moment there is no capping.

The association said a chairperson must enjoy security of tenure for a certain amount of years. Today a minister can change the composition of a tribunal panel at any moment.

On absenteeism from work due to self inflicted conditions, the MEA said such workers should not be entitled to sick leave but should be unpaid or on vacation leave. Such conditions could include drunkenness, sunstroke, cosmetic surgery, sports injuries. 

The MEA repeated its call for cost of living salary revisions to factor in  productivity and efficiency.

GWU REACTION

The union described the proposals as "regressing and demeaning to collective agreements".

It warned the MEA and the government not to push such proposals unless they wanted to face industrial unrest. They called on unions to join forces in the best interest of workers.

GWU general secretary Tony Zarb told a news conference that not only was the union against the public holidays proposal, it was willing to negotiate phasing in the return of weekend public holidays which workers lost some years ago.

As for the sick leave proposal, the GWU insisted that sick leave should be given whenever a worker was certified by a doctor as not being fit for work.

Using the MEA's same line of argument as the hangover, what about a smoker who eventually got lung cancer, he asked.

The GWU agreed that the process of union recognition should be reformed and would be putting forward its own proposals. It disagreed with the definition of trade union as put forward by the MEA and insisted that when it came to issues such as shut down and pre warnings on strike action, the conditions laid down in collective agreements should be abided by.

As for rights to employers to reduce their workers' pay in certain circumstances, the union said this should only happen when approved by the director of employment and industrial relations.

The union also disagreed with capping on the compensation that could be handed down by the industrial tribunal.

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