Collective bargaining and the law in Malta

Abstract

It has been affirmed that there are few problem areas in the collective bargaining field that yield to final solutions. This is so because the most critical issues in industrial relations are necessarily controversial. This thesis attempts to highlight some of the legal problems encountered in the collective bargaining process in Malta. Even here it fails to do justice to the rich variety and complexity of the collective bargaining scene. A cursory view of the nature and functions of collective bargaining provides the general background against which legal aspects are to be examined. This is followed by an outline of the position in the field in some European countries and in the United States. Chapter II and V only aim at giving an indication of the different attitudes to collective bargaining in different legislative environments. In chapters III and IV an attempt is made at tracing the development both of joint negotiations in Malta and of the labour law which provides the present legislative framework within which labour relations are conducted. Chapter V raises a good number of problems in connection with the contractual nature and enforceability of collective agreements.