In its election manifesto, the Labour Party promised to find a way to make union membership mandatory to all workers.

It was the most controversial proposal made in the election campaign and, while pleasing the unions, it irked employers to such an extent that they said the matter could be taken before the European court, if such an imposition is ever implemented.

The idea goes against the right of association – which also means that people can opt not to be associated – and will certainly lead to trouble if the Labour government pushes it. It might shift the balance in the relationship the government has with employers. It might also disrupt the current healthy social dialogue that exists in the country. It’s been years since we had widespread unrest; but this risks leading to a direct confrontation.

Seeing the backlash from the employers, there have been attempts to play things down. We’ve been told that it is only intended to offer more protection to employees in precarious jobs. Others said that the idea is to protect their right not to fear joining a union. There were some who said that no one will be forced to sign up with a union.

But whatever the interpretation, the Labour Party did not withdraw the proposal. It remained part of the election manifesto. Having won the election, it has technically been given the mandate to pursue it.

So the subject is set to be brought up again in the next five years.

The issue

Proposal 193 of the Labour Party 2022 election manifesto said this: “Trade unions are the voice of the workers and in places where workers are members of a union there is a lower risk of exploitation. We agree with the principle of mandatory membership in unions as proposed by the major unions of the country. We will start discussions with the social partners on the implementation of this measure”.

There is no beating about the bush here.

The PL programme says it, loud and clear, that the party agrees with the idea of forcing all workers to join a trade union. That is what “mandatory” means. The intentions are to compel all workers to join a union, whether they like it or not.

The PL does not make a distinction between workers in its proposal. It does not say that “only those in precarious employment will be forced to join” although, even in this case, it should not happen that anyone is obliged to do something he or she is against of doing, whatever the employment is.

The PL intends to take the idea forward, wanting to start discussions on its “implementation”.

What is worrying is that the PL professes to be in agreement “in principle” with the idea of forced union membership.

Forced union membership goes against a fundamental right, so having the party in government endorsing such an idea is of major concern.

With such a proposal, the PL drew its sword against employers.

The unions

The Labour Party says that the proposal for mandatory union membership comes from the unions. No surprise there.

More workers as members will first of all mean more power to the unions. Secondly, it will mean more money. Union membership comes with a fee, and unions have every reason to want more members, as this will result in higher income.

It was recently reported that 45 per cent of workers are members of a trade union in Malta. It is more or less double the European average of 23 per cent. Nordic countries lead the classification with around 70 per cent in Sweden, Denmark and Finland, while membership in some of the bigger countries is quite low (Spain 19 per cent, Germany 18 per cent, Poland 12 per cent, France 8 per cent). 

So if, in Malta, union membership is made mandatory, the income for unions will more than double, unless they decide to lower the fees.

But, aside from the financial aspect, unions know that an increase in membership will give them more muscle – both on a national level, when it comes to sit around the table with employers and the government, and in individual business, when they negotiate agreements with different companies (or the government itself, in cases where workers are on the government books).

Unions already have a taste of this. In situations of collective bargaining with entities where they have a high rate of membership, they have a much stronger position than in other situations where membership is low. In such situations, unions have more control on the workers. Threats of industrial action are taken more seriously by entities that know that most of their employees, if not all, are paying a union membership fee.

Seeing that the fulfilment of Labour’s promise is in their best interest, there is no doubt that the unions will seek its implementation. Maybe they will settle for something in between, but any additional membership, forced or otherwise, and in whichever sector of employment, will be in their favour.

The employers

It is natural that the employers do not like the idea.

The moment it surfaced, they made it clear that they will not be taking it lying down. Just as much as it favours unions, mandatory membership will weaken the position of the employers.

They immediately called upon the Labour Party to withdraw the proposal – which was not done – and said that it goes against the Constitution, which lays down that no person can be hindered in the enjoyment of freedom of assembly and association. In other words, nobody can be forced to join any organisation against their will.

The proposal, the Malta Employers’ Association director general Joseph Farrugia said in a press conference that was held during the election campaign on this specific subject, goes against the International Labour Organisation Convention, the United Nations Charter for Human Rights and the European Court of Human Rights.

More than this, obligatory union membership exists in countries which do not serve as a model for industrial relations. Malta, as such, would be associated with them if it goes ahead with the idea. With Malta’s reputation already repeatedly hit by a long list of setbacks, being linked with countries where peoples have limited freedoms will take us deeper into the darkness.

There is no doubt that the employers will resist the government’s plan. If the government persists, they are ready to take the matter before the courts of justice, if needs be at international level too.

The workers

The workers should remain free to choose as they wish.

Some want to join, others don’t.

Some join because they feel they want to belong, or see union membership as a way to get protection, or simply to go with the flow.

Some join when they are employed in a company where the majority are members, only to drop union membership when they move to another job where a union is not present.

Some refuse to join a union on a point of principle, believing that they can fight for their own conditions, or simply have no trust in unions.

In a nutshell, everyone should be allowed to decide according to one’s wishes. Just as much as workers should not be hindered in seeking union membership should they wish to do so, employees who do not want to become union members should not be forced to join one.