Employer bodies reaffirm opposition to mandatory union membership, emphasise individual choice

The Malta Employers’ Association, the Malta Chamber of Commerce, Enterprise and Industry, the Malta Chamber of Small and Medium Enterprises, and the Malta Hotels and Restaurants Association have reiterated their firm stance that membership or non-membership in a trade union should remain an individual choice.

They emphasise that neither the Government, employers, nor unions should impose or deny union membership on employees. These bodies point out that this principle is enshrined in the Constitution of Malta and international conventions, such as the United Nations Charter for Human Rights and the European Court of Human Rights, ensuring that employees are free to decide whether to join or not join a union.

In response to recent statements made by the Government, the employer groups clarified that they have had no discussions or communications with the Government regarding mandatory union membership.

They specifically refute the models referred to by Parliamentary Secretary for Social Dialogue Andy Ellul, as mentioned in a Times of Malta report dated 30th September 2024. The associations reject, on principle, all forms of mandatory unionisation mentioned by Dr Ellul. They affirm that their position has been consistent and was clearly communicated to the Government on 16th March 2022.

The employer bodies also reject the narrative that mandatory union membership is required to meet the targets of the minimum wage directive, describing it as false.

They clarify that the directive addresses collective bargaining coverage, not union membership. Citing union membership figures submitted to the Department of Industrial and Employment Relations, the associations highlight that Malta has one of the highest trade union densities in the world, a fact corroborated by the International Labour Organisation’s figures.

Furthermore, the employer organisations reaffirm their opposition to any form of employee exploitation, whether of Maltese or foreign workers.

They stress that Malta’s employment laws, if properly enforced, provide robust protection for employees and ensure fair competition for employers.

The business community, they add, remains supportive of the strict enforcement of laws and measures that uphold the fundamental principles of freedom of association and the right to organise, without infringing on individual choice.