The GRTU said employers are already extremely over-burdened by responsibilities and these responsibilities extend equally to all employers, whether employing one person or 1,000 people.
Maltese legislation does not provide any threshold. Over recent years, the number of regulations – health and safety, labour laws, planning, environmental standards – have increased enormously and no single small employer can possibly absorb the knowledge of all these regulations, let alone face the cost of their implementation. Their persistent request for business impact assessments have consistently fallen on deaf ears, the chamber said.
Besides the numerous government departments and public authorities who impose regulations left, right and centre, and the brigade of inspectors these rules are creating, businesses also have to watch out for court decisions.
When the law does not specifically define the responsibility or limits of the responsibility of employers, then the court can make its interpretation. The chamber said court decisions are effectively additional forms of regulation-building, as court judgements are taken as sacrosanct.
In its statement, the GRTU said the court has found that an employer was guilty of causing or leading to the cause of death of its employee and is liable to damages if he/she has neglected to provide sufficient security and protection for employees against eventual aggressors and that it is the responsibility of an employer to ensure the safety of employees against aggressors.
This is a tremendous responsibility on all shop-owners, garages, bars, restaurants and all small service providers, said the statement, which asked what are acceptable measures? All these businesses and public places are trying to be as friendly as possible to visiting clients. Most shops are too small to have a back exit. Most offices are on different floors. How on earth can any employer provide against aggressors? And if they are able to, at what expense? And who is able to afford the expense?
The GRTU is emphasising its concern at the increasing level of aggression against shop-owners and their staff. The chamber is participating in a campaign organised by EuroCommerce, to highlight this issue across Europe. GRTU research shows that abusive verbal and physical aggression against self-employed and employed people in the commerce sector is growing dramatically, said the statement, and very little action is being taken by government or the community at large to resolve this growing menace.
It is now recognised that this is an issue that cannot be faced by the small business owner on his own but has to be tackled by the community. For too long, said the chamber, the media has been dominated by one theme: consumer rights. Hardly anyone, except GRTU, in representing the business community, has done anything to stress that business people and their employees have rights too.
There are people out there, and not necessary the rough and the illiterate, who do not miss a chance to be abusive to retail staff. Hold-ups are increasing dramatically, said the statement.
Physical assaults on shop owners are on the increase and verbal abuse is a daily occurrence in many outlets.
The chamber said that there needs to be a common front against aggression. It is not just a question of shops installing security measures or else facing the Courts and having to pay damages. Violence and abuse is not diminished by simply turning shops into fortified enclaves. The good thing about this case is that an important issue has been highlighted: aggression against people in business.