Construction Wages Council Wage Regulation Order, 1980

L.N.27 of 1980

CONDITIONS OF EMPLOYMENT (REGULATION) ACT, 1952

(ACT NO. XI OF 1952)

Construction Wages Council Wage Regulation Order, 1980

IN exercise of the powers conferred by section 8 of the Conditions

of Employment (Regulation) Act, 1952, the Minister of Labour, Wel­

fare and Culture having received p r o pos a l s from the Construction

Wages Council concerning the conditions of employment of the

employees in relation to whom the said Wagcs Council operates, has

made the following order:-

This order may be cited as the Construction Wages Council

Wage Regulation Order, 1980 and shall come into force on the

10th March, 1980.

1. In this Schedule unless the context otherwise requires

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"customary holidays" means the days (other than Sundays)

declared for the time being to be public holidays by or under the

National Day and other Public Holidays Act, 1975;

"day" means a period running from midnight of one day to

midnight of the next immediately following day;

"hours of work" means the time in any day during which em­

ployees are at the disposal of the employer, exc1usive of the inter­

vals allowed for meals and rest;

"normal hourly wage" means the weekly wage divided by -

60, in the case of watchmen, and

(a)

44, in the case of other employees;

(b)

"recognised breaks" means breaks which are customary among

particular sections of the employees to whom this Schedule

applies;

"time-and-a-half" and "double-time" mean respectively -

(a) in the case of a time employee, one-and-a-half times and

twice the normal rate due to him;

in the case of an employee on piece-work

(b)

the piece rates bei n g paid to the employee, and in

(i)

addition,

(ii) a time rate equal to one-half, or, as the case may be,

the whole of the normal rate which would have been payable

to him if he were a time employee

"wages" means remuneration or earnings, payable in money

by an employer to an employee;

"week" means a ealendar week;

"weekly day of rest" means a period of twenty-four eonseeu­

tive hours eommeneing at the time at which the worker would

normally eommenee his turn of duty;

"whole-time employee" means an employee who is required to

work -

(a) for not less than 37 hours in any one week, exclusive of

overtime work, if he works in a quarry;

(b) for not less than 45 hours in any one week, exclusive of

overtime work, if he works as a watchman, and

(e) for not less than 30 hours in any one week, exclusive of

overtime work, in the ease of all other employees.

2. (1) The minimum weekly remuneration for time employees,

other than watehmen, shall be related to not more than forty-four hours

of work exclusive of overtime and of recognised breaks for meals and

rest spread over a five-day week.

(2) The minimum weekly remuneration for watehmen shall

be related to a week of not more than sixty hours of work, exc1usive of

overtime, spread over six days.

3. (1) Subjeet to the provisions of paragraph 7 of this Sehedule,

the minimum weekly wages payab1e to time employees shall be the fol-

(a)

(i) Watehmen whose duties are mainly

;(24.88,0

performed indoors

(iD Watehmen whose duties are mainly

f25.88,0

performed out of doors

(b)

Other time employees

;(24.88,0

(i) aged 18 years or over

;(20.24,0

(ii)

aged 17 years

f19.13,0,

aged under 17 years

(iiD

(2) Notwithstanding the provisions of paragraph 2 of this

Sehedule, an employee shall be entitled to the full eontraeted weekly

remuneration if -

(a) he works for not less than 37 hours in any one week,

exclusive of overtime work, if he works in a quarry;

(b) he works for not less thal1 45 hours in any one week,

exc1usive of overtime work, if he works as a watchman;

(c)

in the ease of any other employee, he works for less than

44 hours, but not less than 30 hours, in any one week, exc1usive of

overtime work

Provided that a proportionate reduction may be made in res­

peet of sueh number of hours during which the employee shall

absent himself at his own request.

In the ease of employees employed on pieee-work the minimum

The provisions set out in the Schedule hereto shall apply to all

employees in respect of whom the Construction Wagcs Council operates.

From the date of commencement of this order, the Construc­

tion Wages Council Wage Regulation Order, 1972 sha11 be revoked

without prejudice however, to any rights or liabilities existing thereunder

on that date.

piece rates of wages shall be sueh that no employee will earn when em-

ployed on sueh work, less than the appropriate time pro rata specified

in paragraph 3 hereof.

Employees other than watchmen shall be allowed intervals of

not less. in the aggregate, than one hour for meals and rest in any day

on which the hours of work exceed five and one half honrs.

All employees shall be allowed a weekly day of rest in every

week.

Subject to the provisions of this paragraph and of paragraph 1

of this Schedule. minimum overtime rates shall be paid to all employees.

other than watchmen, as follows:-

(1) (a) on any day other than Satur­

day, Sunday, or customary holiday. for all

hours of work in excess of eight and four­

time-and-a-half;

fifths

for all hours of work on Satur­

(b)

time-and-a-half;

days

(c)

for all hours of work on a Sun­

double time;

day ...

(d) for all hours of work on a cus­

tomary holiday

double time in

addition to a

normal hourly

wage.

The provisions of this paragraph apply to an employee on

piece work only when he is required to work overtime by his em­

ployer.

(2)

Overtime shall be payable to watchmen

--

(a)

at the rate of time-and-a-half for all time worked in

excess of 60 houn; in a period of six consecutive days, and

(b) at the rate of double-time for a11 time worked on

the

seventh day and/or on any customary holiday.

(1)

Whole-time employees shall be entit1ed. in every calendar

y ear to -

.

(a)

all customary holidays with full pay, and

(b) after three months in employment. vacation leave of such

number of working days with full pay as is equivalent to the num­

ber of working days as that particular employee should normally

attend to work during a period of four weeks

Provided that whole-time employees who have been in employ­

ment for less than one year shall be entitled to such part of the said

vacation leave as is in proportion to the number of months in employ­

ment.

(2) For the purpose of this paragraph, a break in employment

of not more than thirty days shall not interrupt the continuity of ser­

vice.

(1) After the completion of one year's continuous service,

whole-time employees shall be entitled to fifteen days sick leave on full

pay in every calendar year less any sickness benefit to which they may

be entitled under the National Insurance Act, 1956, and to a further

fifteen days on half pay in every calendar year, less half of any such

sickness benefit

Provided that a medical certificate certifying incapacity for

work covering the period of absence is produced to the employer, who

shall be entitled, if he so wishes, to send his own medical officer to exa­

mine the employee.

(2) For the purpose of thi8 paragraph, a break in ernployment

of not more than thirty days shall not interrupt the continuity of service.

Whole-time employees shall be allowed two days paid leave

on the occasion of the death of any of the following relations: the wife,

husband. mother, father (or the person who at the time was in fact act-

ing <ts the m o t h er Of f at he : of the employee), son or daughter.

'

A whole-time employee shall be allowed three days leave on

full pay on the occasion of his marriage and two days leave on full pay

on the occasion of the birth of a child to his wife.

A whole-time employee shall be entit1ed to one year injury

leave on full pay, 1ess the full amount of any injury benefit to which such

employee may be entit1ed under the National Insurance Act, 1956, if

hc is injured during the actuaJ discharge of his duty and such injury is

not due to any contributory negligence on his part or to the contraven-

tion by him of safety rules laid down by the management.

A whole-time employee shall, if called upon to serve as juror,

be allowed all time off as shaH be necessary, without any deduction

from pay to which he w ou l d othel"wise have been entitled, to enable

him to attend to sueh duty in Court.

An emp!oyee is entitled to the payment of the mmlmum

Waiting time.

remuneration applicabJe to him for all time during which he is present

on the premises of his employer 01' in any othe1' place in connection with

his employment unless he is present thereon in any of the following cir-

cumstances

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(a)

without the employer's consent, expressed or implied;

(b) for some purpose unCOi1I1ected with his work and other

than that of waiting for work to be given to him to perform;

(c)

by reason only of the fact that he is resident thereon;

during normal meal times in a room or place in which no

(d)

work is being done, and he is nat waiting for work to be given to

him to perform.

EXPLANATORY NOTE

(This note is not part of the Schedule but is intended to indicate f ts applicability)

The above Order operates in respect of all employees engaged in building, in civil

engineering, and in mechanical or electrical engineering or work and also in respect of

all employees engaged in marble works and lime kilns.

In this Explanatory Note:-

(a) the phrase "building, civil engineering and mechanical or electrical en­

gineering or work" includes construction, reconstruction, maintenance, repair, a1te­

ration, painting, decoration or demolition of any building, road, harbour, dock, p � er,

.

bridge, viaduct, sewer, drain, well or other work of constructlon, the preparatton

for or laying the foundation of any work or structure, the extraction from the earth

of stone, c1ay, sand or gravel, the manufacture of precast concrete masonry and

concrete units, the manufacture of cement tiles, and any plumbing work or elec­

trical wiring; and

(b) the phrase "marble works" inc1udes the cutting, dressing, setting and lay­

ing of marble blocks or slabs to make ornamental or protective surfaces, and the

preparation and setting of all marble objects whether for ornamental purposes or

not.

This order does not apply to employees employed by woodwork contractors.

Published by the

Department 0/ Information

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fi-U.C.S.

Prillled at the C.G.S.

Printing Press

Stampat

Stamperija tal-Gvern

Government

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