On government’s watch: cleaners employed in breach of employment rules

The public sector is employing menial staff on irregular contracts and other illegal contractual arrangements, according to a survey that has highlighted the plight of low-income workers inside the government's departments.

54% of cleaning workers who were found to be employed in breach of employment regulations, had cleaning-duty placements inside government departments, public authorities, and public hospitals - a survey by the National Commission for the Promotion of Equality among 602 vulnerable employees, 210 of which were cleaners, found.

So called 'vulnerable workers' are defined as employees who are not given the basic working conditions they are entitled to by Maltese law by their employer, or who are forced to register themselves as self-employed workers.

The survey describes the employment of these vulnerable workers in companies providing services to government as a "rather worrying finding".

"Clearly, immediate measures must be taken by government to set more stringent specifications when issuing public tender calls for cleaning services to safeguard against cleaning tender projects being awarded to cleaning contractors employing vulnerable workers," the NCPE said.

The study also shows that "despite clear employment regulations in Malta, this study shows that employers are breaking the law," Anna Borg, from the Centre for Labour Studies at the University of Malta, said in her commentary on the European Working Condition Observatory website.

According to the study, the vulnerability of most of these workers lies in the fact that elements in their 'remuneration package/work arrangement' with their employer is not in accordance with their law.

The survey reveals that 19% of respondents working in the cleaning industry indicated that their existing wage/hourly rate was below the minimum wage stipulated by law.

Moreover 34% of those interviewed were not even formally registered with their employer.

50% of respondents said they were not entitled to sick leave and 38% said they were not allowed to take a formal break.

Only 26% said they are paid a government-mandated bonus; 43% were not provided by the necessary safety equipment by their employers; and 48% observed the presence of irregularly employed individuals at their workplace.

Additionally only 41% have their national insurance (NI) contributions paid jointly by their employer and themselves. 39% of those interviewed do not pay any NI contributions.

A profile of vulnerable workers

The study was based on interviews with 602 "vulnerable" workers employed in tourism, language schools and cleaning sectors.

More than 50% of the vulnerable workers interviewed had a secondary level of education attainment, although those employed in language schools had a higher level of education.

Just over half (56%) of vulnerable workers in the tourism and language school sectors were aged between 15 and 29 years. However, the majority of those operating in the cleaning sector were aged 40 and over and were largely women.

Just over half (52%) of all respondents were employed formally and 30% were employed informally. In the language school sector, only 9% of vulnerable workers were not formally engaged; this rose to 34% in the cleaning sector and to 33% in the tourism sector.

Around 45% of respondents said they were not entitled to sick leave; the number of women not entitled to sick leave was higher.

While 24% of men received the government bonus, it was only given to 16% of women.

The majority of vulnerable workers (69%) in all three sectors said that they were paid on an hourly basis and 14% said their rates were below the minimum set by law.

Foreign workers were paid the same wages as Maltese workers according to 40% of respondents, with 35% suggesting foreign workers were paid less. Around 40% of the vulnerable workers had been with the same employer for between one and three years.