Employers on warpath against the ‘hangover sickie’

Workers deemed unfit for work by the doctor as a result of a hangover, cosmetic surgery, a sports injury or sunstrokes should not be entitled to a sick leave, according to the Malta Employers Association.

The MEA has argued that “self-inflicted unfitness for work” should not render an employee eligible for sick leave, even if the worker is certified unfit for work by his own doctor.

In its proposals to amendments to the Employment and Industrial Relations Act, the MEA said distinction has to be made between surgery for purely medical reasons and surgery for cosmetic reasons.

“Surgery for cosmetic reasons has become rather wide-spread and the employer should not shoulder any responsibility whatsoever for such absenteeism,” the association said, at the same time acknowledging that each case should be tackled on its own merits.

The Employment and Industrial Relations Act was enacted in 2002. MEA director general Joseph Farrugia said some aspects of this legislation need to be changed to take stock of the flaws and lacunae found in the existing law, and to reflect developments within the EU in the field of employment and industrial relations.

Among their 19 proposals, the MEA suggests that employees who do not follow a standard system of Saturdays and Sunday off, should forfeit Public holidays falling on their days of Rest.

The MEA proposed that some jobs are classified as exempt from overtime payment by definition.

“In practice, this is already being done, and in most administrative, technical, managerial and executive posts yearly salaries are inclusive of any hours worked in excess of forty per week,” it added.

It proposed that a definition of a union member is listed in the Law, while simple, concise and clear guidelines on how to establish Union recognition should be added.

MEA said employers need to be authorised to deduct from wages when notice period is not worked by employees; when service is abandoned before the expiry of a definite period contract; when an employee fails to work the full six months following return from maternity leave and when a resigning employee would have overutilized the vacation leave entitlement.

The Industrial Tribunal

The MEA said the Industrial Tribunal, in all cases, whether dealing with an unfair dismissal or a Trade Dispute, will always be chaired by a lawyer with at least seven years of experience, assisted by two laypersons representing employers and workers.

In giving decisions the Industrial Tribunal should not explicitly condition itself to Government, social or economic policies or national development plans as currently there is an obligation, the MEA added.

It proposed that Industrial Tribunal decisions should be subject to appeal in front of an Employment Appeals Tribunal and a current condition whereby an Industrial Tribunal decision is subject to overriding authority of the House of Representatives must be removed.

The employers said the maximum compensation awarded by a Tribunal should be capped and should not exceed 18 months salary while an obligation must prevail on the Tribunal to give an award within three months from the date of the last sitting when the case is put off for decision.

On the Industrial Tribunal’s chairperson, the MEA said the chair must enjoy security of tenure for the period of appointment agreed, and will not be subject to dismissal through a current ministerial prerogative to change at will the composition of the panel of Chairpersons.

The Association will submit these recommendations to the MCESD for discussion with the social partners and to the relevant authorities. The full document can be accessed here: http://www.maltaemployers.com/Portals/22/EIRA%20Proposals%202014.pdf