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NCW Resolution: Health and Safety at Work
NCW aware that health and safety at work should be seen as a key factor for economic growth and productivity. It involves not just businesses and workers but society as a whole.
NCW Resolution: Legal framework for temporary workers
NCW aware that a new Directive has been recently adopted at an EU level with the specific objective of regulating the employment conditions of temporary workers,
UN Women
The United Nations General Assembly unanimously decided to establish UN Women, the UN Entity for Gender Equality and the Empowerment of Women.
Self-employed workers to gain maternity and pension benefits under new EU law
Self-employed workers and their partners will enjoy better social protection – including the right to maternity leave for the first time – under new legislation endorsed by EU governments today.
More women in top jobs key to economic growth, says EU report
Only one in 10 board members of Europe's biggest listed companies is a woman and all central bank governors in the EU are male.
Tackling the gender pay gap – Frequently Asked Questions
Why do we need to tackle the gender pay gap? At 18% across Europe, the gender pay gap remains intolerably high and stubborn. Equal pay for equal work is one of the European Union’s founding principles.
EU Commission Statement for Women's Day 2010
Ahead of International Women's Day, the European Commission strengthened and deepened its commitment to equality between women and men with a Women's Charter.
Vice-President Viviane Reding, EU Commissioner for Justice, Fundamental Rights and Citizenship - Gen
European Commission plans to use a series of measures aimed at significantly reducing the pay gap between men and women over the next five years.
Kunsill Nazzjonali tan-Nisa - Messagg ghal Jum il-Mara 2010
L-OMMIJIET LI JAHDMU M'GHANDHOMX IKUNU PENALIZZATI Il-Kunsill Nazzjonali tan-Nisa jsejjah lill-membri parlamentari ewropej kollha biex jivvutaw favor l-estensjoni tal-leave tal-maternita' u tal-leave ghall-genituri li se tkun ipprezentata fil-Parlament Ewropew fl-24 u l-25 ta' Marzu wara li fl-ahhar ta' Dicembru il-vot ma ittehidx konsegwenza ta' kontroversja bejn il-gruppi politici
Longer parental leave and incentives for fathers
Longer parental leave and incentives for fathers agreed by EU ministersEuropean Commission, Employment, Social Affairs and Equal Opportunities Parents will have the right to longer parental leave, under new rules agreed by EU ministers today.
Neqirdu il-pjaga tal-Vjolenza Domestika – Kulhadd ghandu sehem x’jaghti
Il-Vjolenza domestika sew psikologika, emozzjonali jew fizika tmur kontra d-dritt fundamental tal-bniedem ghall-hajja u dritt ta’ sikurezza b’mod partikolari fil-familja, l-ambjent l-aktar essenzjali ghall-hajja decenti.
4th Congress of the Small States of Europe
4th CONGRESS OF THE SMALL STATES OF EUROPE The Role of Gender Equality in the Small States of Europe The National Council of Women of Malta hosted the 4th UNESCO Congress for Women Organisations from the Eight Small States of Europe from the 24 to 27 September 2009 at The Palace Hotel, Sliema.
SMEs: A favourable business environment: supporting enterprise and job creation
'Think Small First': A Small Business Act for Europe At a time when there is a global financial and economic crisis, it is companies, in particular SMEs that are the most sensitive and at the same time the most important elements in terms of job creation and recovery capacity. SMEs are a crucial part of our economy and a major source of employment, entrepreneurial skills and innovation
Future Skills for Future Jobs
Anticipating labour market and skills needs The need to address Labour Market Skills Issues at European level Europe, potentially, faces a major skills problem in the near future. Over 20 million new jobs are expected to be created between 2006 and 2020. Another 85 million jobs will be available to replace people who retire or leave the labour market for other reasons.
Breast Screening – a lifeline for women
The National Council of Women welcomes the long awaited breast screening programme that the Council has been pushing for in line with WHO requirements for many years


Dismissal of Pregnant Women during the Probation Period

Article 10 point 1 of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, establishes the general prohibition of dismissal of pregnant workers and workers who have recently given birth or are breastfeeding during the period from the beginning of their pregnancy to the end of the maternity leave, irrespective of the type or duration of the employment contract or relationship.

According to EU law (Council Directive 92/85/EEC ) ‘Member States shall take the necessary measures to prohibit the dismissal of workers, within the meaning of Article 2, during the period from the beginning of their pregnancy to the end of the maternity leave referred to in Article 8 (1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.’

Article 10 paragraph 1 provides for derogations in exceptional cases not connected with the condition of being pregnant, having recently given birth or breastfeeding. In such cases, a dismissal could be permitted under national law and/or practice if two conditions are met:
• the employer has to give substantiated grounds for her dismissal in writing and, if relevant,
• the competent authority must give its consent (cf. Article 10, points 1 and 2).

Council Directive 92/85/EEC is the tenth individual Directive within the meaning of Article 16 (1) of framework Directive 89/391/EEC . The concept of "worker" for the purpose of Council Directive 92/85/EEC is defined in Article 3 (a) of Council Directive 89/391/EEC as "any person employed by an employer, including trainees and apprentices but excluding domestic servants". The Commission therefore considers that Council Directive 92/85/EEC applies to pregnant workers and workers who have recently given birth or are breastfeeding during probation periods.

However, Maltese law allows employers to legally dismiss workers during the probation period without assigning any reason at all, and this includes pregnant women during the probation period and therefore in cases which may be linked to their pregnancy and/or in cases which are not exceptional.

NCW urgently recommends

That Government and the Social Partners study the§ obligations of Council Directive 92/85/EEC to pave the way for its transposition into Maltese legislation and ensure that mechanisms for implementation are in place
that the necessary legal amendments be made for the transposition of§ the above directive into the Employment and Industrrial Legislation ACT (EIRA) and Equality between Women and Men Act as stipulated by the directive,
the§ provision of implementation measures to ensure de facto legal protection against dismissal of pregnant women during the period of probation
 
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