Beverage IndustriesWages Council Wage Regulation Order, 1980

L-N.29 of 1980

CONDITIONS OF EMPLOYMENT (REGULATION) ACT,1952

(ACf NO. XI OF 1952)

Beverage IndustriesWages Council Wage Regulation Order, 1980

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

of E m p1 0ym e nt (Regu1ation) Act, 1952, the Minister of Labour, Wel­

fare and Culture. having reċeived proposa1s from the Beverage Indust­

ries Wages Council concerning the conditions o f employment of the

emp10yees in re1ation to whom the said Wages Council operates, has

made the following order:-

This order may be cited as the Beverage Indu st r i es Wages

Coun c i l Wage Regu1ation Order, 1980, and sha11 come into force on the

10th March, 1980.

1. In this Schedule, unless the context otħerwise requires

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

dec1ared for the time being to be public holidays by or under the

National Day and other Public Holidays Act, 1975;

"hours of work" means the time on any day during which

employees are at the disposal of the employer, excIusive of the

intervals allowed for meals and rest;

"outside worker" means a per son emloyed mainly outside the

factory in the distribution and delivery of the employer's products

and in the collection of the emp10yer's empty bottles and boxes;

"part-time employee" means an employee who is not a whole­

time employee;

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

and a half times and twice the minimum rate applicable to the

employee;

"wages" means remuneration or earnings, payable in money

by an employer to an employee;

"whole-time employee" means an employee who is employed

for more than thirty-five hours in any calendar week, spread over

not less than four days.

Hours of work.

sha11

be

related

to

a

2. The minimum weekly remuneration

week of not more than -

(a) forty-five hours of work in the

case

of

who1e-time

employees other tħan watchmen, and

(b) sixty hours of work, spread over a six-day week, in the

case of watchmen.

3_ The minimum weekly remuneration payable to whole-time

employees, both males and females, shall be that shown hereunder

(a)

watchmen

i24.13 X 25c-i24.63

(b)

other employees

i24.13 X 25c-i24.63

aged 20 years

or

over

(i)

i22.88

aged 18 or 19 years

(iD

i20.24

(jii)

aged 17 years ...

i19.13

(iv)

aged under 17 years ...

Provided that, where the remuneration

is

incremental,

the

increment shall be awarded annually.

The provisions set out in the Schedu1e her et o sha11 apply to all

e m ploy e es in respect of whom the Beverage Industries Wages Council

operates.

From the date of commencement of this o r d e r the Beverage Revokes

,

Industries Wages Council Wage Regulation Order, 1977, sha11 be re- L.N. 52 of 1971-

voked without pre j udic e to any rights or liabilities ex isti n g thereunder

on that d a te .

Whole-time employees, other than watchmen, shall be allowed

daily intervals for meals and rest of not less than one hour in the aggre­

gate in the case of inside workers and of not less than one and a half

hours in the aggregate in the case of outside workers.

Whole-time employees shall be allowed one whole day off in

every period of seven consecutive days.

(1) Whole-time employees, other than watchmen, outside

workers or shift workers, shall be entitled to overtime remuneration as

fol1ows

(a) for all time worked in excess of forty-

five hours in any calendar week

time-and-a-half;

(b) for all time worked in excess of nine

hours on any day of a five day week ...

time-and-a-half;

(c) for all time worked in excess of eight

hours on any day of a five and a ha1f day week

time-and-a-half;

(d) for all time worked on any customary

holiday, when such day falls on any day other

than a Sunday

time-and-a-half;

(e)

for all time worked on Sundays

double-time

Provided that any overtime due in accordance with the pro­

visions of item (b) or (c) of this sub-paragraph shall only be payable

if the total time worked in any calendar week is not less than 45

hours and so long as any reduction in such number of hours is not

the result of an employer's order or as a consequence of a custo­

mary holiday occurring on a working day.

(2) Whole-time outside workers may be entitled to overtime

remuneration on a commission basis

Provided that such overtime remuneration may be offset

against any commission paid to the employee so long as the amount of

such commission is not less than the overtime remuneration due to him

at the following rates

(a) for all time worked in excess of forty-

five hours in any calendar week

time-and-a-half;

(b) for all time worked on any customary

holiday, when such day falls on any day other

than a Sunday

time-and-a-half;

(c)

for all time worked on Sundays

double-time.

Shift workers shaH be entitled to overtime remuneration

(3)

as follows

(a) for all time worked in excess of forty-

five hours in any calendar week

. . .

. . .

time-and-a-half;

(b) for all time worked on any customary

holiday, when such a day faHs on any day other

than a Sunday

time-and-a-half;

(c) for aH time worked on a Sunday being

in excess of forty-five hours in any calendar week

double-time.

(4)

Watchmen shaH be entitled to overtime remuneration as

follows

(a) for all time worked in excess of sixty

hours in any calendar week

time-and-a-half;

(b) for all time worked in excess of

ten

hours on any day

time-and-a-half;

(c) for all time worked on any customary

holiday, inc1uding Sundays, in excess of sixty

double-time.

hours in any calendar week

Whole-time employees shaH be entit1ed,

in

every

calendar

year, 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

number of working days as that particular employee should nor­

mally attend to work during a period of four weeks

Provided that whole-time employees who have been in employ­

ment for less t h a n one year shaH be entitled to such part of the

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

employment.

After completing one year in employment, who1e-time employ­

ees shaH be entitled to seven days sick leave on full pay in every calen­

dar year, less any sickness benefit to which they may be entitled under

the National Insurance Act, 1956, provided a medical certificate certify­

ing incapacity for work covering the whole period is produced to the

employer.

Whole-time employees shaH be entitled to two days leave on

full pay on the occassion of the death of one of the foHowing relatives

the wife, husband, mother, father (or the per son who at the time was in

fact acting as the mother or father of the employee), son, daughter,

brother Of sister.

A whole-time employee shaH be entit1ed up to a maximum of

one year i n j ur y leave on full pay, less the full amount of any injury

benefit to which such employee may be entitled in terms of the National

Insurance Act, 1956, lf he is injured during the actual discharge of his

duty and such injury is not due to any contributory negligence on his

part Of to the contravention by him of any safety ruIes laid down by the

Management.

A whole-time employee shaH be al10wed three days leave on

full pay on the occasion of his marriage.

A whole-time employee sha11 be allowed two days leave

OIl

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

A whoIe-time employee ca11ed for jury service shaH be

allowed all necessary time off on ful] pay to enable him to attend to

such service in Court.

The minimum remuneration payable to part-time employees

of the categories specified in paragraph 3 hereof sha11 be pro rata at an

hourly rate arrived at by dividing the amount appearing for the cate­

gory by the number of hours of work per week for the relative cate­

gory

Provided that in no case sha11 a part-time employee be paid for

less than three hours even if he has performed 1ess than three hours

work.

1 5. In cases where the retiring age of a male ernpIoyee is expected

at the age of 60 years, such employee sha11 be given the opportunity by

his employer to retain his employment beyond this age at least untiI the

age of 61 years, provided that the empIoyee in question sha11 sti1l be

a11owed, if he so wishes, to retire at the age of 60 years.

EXPLANATORY NOTE

(This note is not part of the order but is intended to indicate its applicability)

The provisioIlS of the above Schedule apply to all employces in any undertaking,

or in any part of an undertaking, which consists who11y or mainly in the bottling or the

production of distilled spirits, wines, malt liquors, soft drinks and carbonated beverages,

and of any other activity so far as it is incidental or anci1lary to any such activity as

aforesaid as the undertaking, inc1uding, without prejudice to the generality of the fore­

(a) the distil1ing of ethyl alcohol for all purposes, the distilling, rectifying and

blending of alcoholic liquors;

the production of wines, cider, perry or other fermented beverages;

the production of malt or malt liquors, such as beer, ale, porter and stout,

(c)

(d) the manufacture of non-alcoholic beverages, such as soft drinks and

carbonated mineral waters.

-

f1-U.C.S.

Stamperija tal··Gvern

Printed a/ the C.O.S.

Stampat

Governmel1/ Printing Press

-

-

--

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F'każ fejn impjegat raġel huwa mistenni li jirtira mix-xogħol

fl-eta ta' 60 sena, impjegat bħal dan għandu jingħata l-opportunita minn

min iħaddmu biex jibqa' fl-impieg tiegħu 'l fuq minn din l-eta', u ta'

l-anqas sakemm jilħaq l-eta ta' 61 sena, iżda l-impjegat konċernat xorta

għandu jitħalla, jekk huwa hekk ikun irid, li jirtira fl-eta ta' 60 sena.

NOTA TA' TIFSIR

(Din in-nota mhix parti mill-Ordni iżda hija maħsuba biex turi l-applikabbilita tiegħu)

Id-disposizzjonijiet ta' l-Iskeda ta' hawn fuq japplikaw għall-impjegati kollha f'kull

impriża, jew f'kull parti minn impriża li tkun magħmula għal kollox jew prinċipalment,

fl-ibbottiljar jew produzzjoni ta' spirti distillati, inbejjed, likuri mix-xgħir, soft drinks u

xorb karbonizzat u ta' kull attivita oħra safejn tkun inċidentali je'0/ anċillari għal xi

attivita ta' l-impriża, bħal ma ntqal qabel li tinkludi, bla ħsara għall-ġenera1ita ta' dak li

ntqal qabel -

(a) id-distillar ta' alkoli ethyl għall-iskopijiet kollha, id-distillar, it-t.isfija

u

t-taħlit ta' likuri alkoliċi;

(b)

il-produzzjoni ta' nbejjed, cider, perry jew xorb ieħor fermentat;

(ċ) il-produzzjoni ta' xgħir jew 1ikuri mix-xgħir, bħal ma huma birra, ale,

birra porter u stout;

(d) il-manifattura ta' xorb mhux alkoliku, bħal ma huma soft drink.'} u ilmi­

jiet minerali karbonizzati,