The Malta Independent 4 May 2025, Sunday
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Camouflaging labour laws irregularities

Gejtu Vella Tuesday, 17 February 2015, 08:42 Last update: about 11 years ago

Please bear with me, but I am compelled to write again on an issue which, for some reason, I cannot figure why, is taking too long to be ironed out by the Department of Contracts once and for all.

Once again,I have to refer to an issue which has been, and still is being, mismanaged. Precarious employment and the proper applicable rates of pay have been on the national agenda for many months now. Unfortunately, the light at the end of the tunnel is not yet in sight.

The rates of pay as suggested by the Department of Contracts to various categories of workers employed with a number of service providers servicing important functions within the public sector are highly irregular and grossly abusive.  The grades and the respective wages in questionvary from cleaners in offices, cleaners in hospitals and homes for the elderly, care workers, clerical staff to security guards.

I have in a previous article highlighted a circular issued on the 23rd December 2014 by the Director General of the Departments of Contracts which blatantly contravened our labour laws and various EU Labour Directives and ILO Conventions. The purpose of the circular was to curb precarious employment in the public sector.  However, the said circular created more discrepancies and irregularities than it addressed.  

These inconsistencies and irregularities led to the Director General of the Department of Contracts to issue another circular dated 5th February 2015 referring to the one issued on the 23rd December 2014. Like to one before this circular is addressed to all senior officials in the Public Sector though this circular is camouflagingand sanctioning the samerates of pay irregularities.

It is very clear the Department of Contracts failed to seek proper counsel from the Department of Industrial Relations and Employment, experts in this field.  The Department of Contracts is now caught between a rock and a hard place. Direction is not clear and confusion reigns. This is certainly not helping one iota the services providers and their workers. The purpose or the scope of this uncertainty amongst the services providers created by the Department of Contracts is not in sync with the declared stand of the current administration to combat precarious employment and bureaucracy.

The raison d’etre of the Department of Contracts is to rationalize purchases, ensures equal treatmentof economic operators, seeks to obtain best value for money and maximizes the return on disbursements of public funds.This should be achieved without trampling on workers’ rights and creating unfair competition to the service providers.  

A couple of weeks ago, from this same spot in this newspaper, I dealt with the important roles and the functions played by the public sector. I also referred to the direct contribution that the public sector makes to the economy.Certainly, the efficacy of the public sector is instrumental to economic growth and social progress.  However, laws should not be compromised to achieve economic growth, higher standards of living and better quality of life. The public sector is not above the law and should act in accordance with the applicable laws and regulations in this case employment legislation. The public sector is duty bound to set high standards and serve as a role model to all, particularly those who somehow come in contact with the public sector.

The issue of precarious employment has so far wasted precious time and energy of the contractors providing such services and has created animosity amongst these workers and between the workers and their respective employers.

Indeed, this issue is easy as a, b, c to those with basic knowledge of our labour legislation. This is a challenge which the Contracts Department has to take without further delay.

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