TMIS Editorial: Forced union membership is wrong
The idea of mandatory trade union membership has again picked up the pace in recent weeks, after the government indicated that it is to present its plan in the short term. The concept, which no other European country embraces, has been endorsed by un
The idea of mandatory trade union membership has again picked up the pace in recent weeks, after the government indicated that it is to present its plan in the short term. The concept, which no other European country embraces, has been endorsed by unions, but rejected by employer bodies.
The proposal found itself in the Labour Party electoral manifesto for the last election, and the government is now trying to fulfil its pledge, already knowing that it faces an uphill battle, one that could end up in an international court and cause yet another embarrassment for the PL, and Malta with it.
It seems that for the government it's not enough for Malta to be humiliated on hunting, passports, and just this week the treatment of waste-water, not to mention the grey-listing by the Financial Action Task Force. Mandatory union membership, if the government persists with the idea, would be yet another black spot next to Malta's name.
In late September, parliamentary secretary for social dialogue Andy Ellul said that the government is planning some form of mandatory union membership "well before" the end of this legislature. As expected, this statement was immediately supported by the General Workers' Union, which has been pushing for the system to come into force since 2017. But, as expected too, employer bodies have again expressed themselves harshly against the idea, as they had done when it was first floated by the Labour Party before the last election.
In his comments to the media, Ellul said that four models are being considered - mandatory union membership for everyone, one that is only open to low-wage earners, a system for third-country nationals, or one for particular sectors. More details are expected in the coming days as the government plans an "open discussion".
Unions see the idea as a way to tackle employee exploitation, obtain better working conditions, and offer more protection to workers. Of course, mandatory union membership would also mean more money flowing into their coffers via membership fees, but they do not mention this in their statements approving the government's position.
For their part, employer bodies are adamantly against the idea. They denied that they had had any formal discussions on the subject, as Ellul said in his comments to the media. That, in itself, is already evidence that the government is not playing fair. By saying that there are talks with "parties that (originally) did not want to discuss the subject" - and with employer bodies saying this did not happen - the government is also already antagonising those it needs to convince the most.
Yet it is clear that the employer bodies will not be budging from their position. They already spoke against the idea when it was included in the PL manifesto, and they have not changed their stance now that the government is attempting to move ahead.
The employer bodies - Malta Employers' Association, Malta Chamber of Commerce, Malta Chamber of Small and Medium Enterprises and the Malta Hotels and Restaurants Association - say that no-one should ever "force membership or non-membership" on employees.
They have the law and human rights on their side. This fundamental principle is protected by the Constitution of Malta and international conventions such as the United Nations Charter for Human Rights and the European Court for Human Rights.
In other words, what Labour plans to do goes against Malta's own laws and international laws too, which would mean that the government is running the risk of being taken before international courts where, in all likelihood, it will lose.
Freedom of association works both ways. It means that everyone is free to join any organisation (including unions), but it also means that everyone is free not to join. The point employer organisations are making is that the government cannot force anyone to join a union, and this fundamental right should be respected.
No European country has such a law, and it would be a great embarrassment for Malta if the government insists with this idea. As former MEA director-general Joe Farrugia told this newspaper last week, imposing union membership would take Malta close to countries like North Korea. Is this the kind of modern Malta the Labour government is pursuing?
That, then, someone like Gejtu Vella, who for many years had led the second largest trade union in Malta - the UHM - is adamantly against the idea should also be an eye-opener. Vella told The Malta Independent on Sunday that mandatory membership belittles trade unionism.
Unions, by all means, should do their utmost to convince workers to join them. It is, after all, their duty and responsibility. But joining or not joining a trade union should remain a free choice. Any form of mandatory union membership goes against fundamental freedoms.
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