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ln_1990_112 MT

ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

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Statutory Text (8 Articles)

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

L.N. 112 or 1990

CONDmONS OF EMPLOYMENT (REGULATION) ACT

(CAP. 135)

ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

(Ammdment)Onkr, J~

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

of Employment (Regulation) Act. the Minister for Social Policy. having

received proposals from the Bevenlge Industries Wages Council con·

cerning the conditions of e mployment of tne e mployees in relation to

whorn the ~d Wages Council operates" has made the following

order:-

I . (1) This o rde r may be cited as the Beverage Industries Wages

Council Wage Regulation (Amendment) Order, IWOand shall be read

and construed as one witll the Beverage Industries Wages Council Wage

Regulation Order, 1980, hereinafte r refelTed to as ~ tne principal

o rder".

(2)

This order shall come into force on the 23rd July. 1990.

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

In paragraph I o f the Schedule to the principal order. in the ,-~

definition o f ~wbole-time employee~ for the words "thirty-five hours~ parapap/l j of ....

-.~

there shall be substituted the words "thirty hours".

-

pn.cipoI_.

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

Paragraph 2 o f the Schedule to the principal order shall be

amended as follo~ :-

S' ., .. to ....

powpol_.

(a) in sub-paragraph (a) tnerwf, for tne words "forty·five

bours" there shall be substituted the words "forty boun n ; and

(b) in sub-paragraph (b) thereof. forthe wocds "sixty boun"

there shal l be substituted the words "fifty-two bours".

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

Fo r paragraph 3 of the Schedule to the principal order there Sooboti"'eo

shall be substituted the following: -

P*' ......... 3 of ....

3. The minimum weekly rem uneration payable to ............ -

" Minimum

rcmu"" .. ~ion whole-time employees, both males and females shall be that

~:=~ shown hereunder

'

(a)

watchmen ........................

Lm34.13x25c-

Lm34.63

(b)

other employees

(i) aged 20 years or over

Lm34.13x25c-

Lm34.63

aged 18 yeal1 or 19 years

Lm32.88

(ii)

(iii)

aged 17 years .............

lm30.24

(iv)

aged under 17yeal'1 .....

Lm29.1 3

Provided that , where the remuneration i$ incremen-

tal. the incTement shall be awarded annually. ~.

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

For paragraph 6 of the Schedule to the principal o rde r there

pat>prIo 601 the shall be substituted the following: -

.6. (I) Whole-ti me employees, other Ihan watch me n,

outSIde wo rkers or shift wokers, shall be e ntitled toovenime

remuneration lI$ follo\lls:-

(a)

for all time worked in

excess o r forty hours in anycalendar

week .............. ........ ........... ... ..

time-and·a·half;

(b) for a ll time worked in

excess of eight houl"!l on any day of

a five-day week ........................ time-and-a-balf;

(c) for all time worked in

excess o f eight houn on any day o f

a five-and-a-balf day week ... . ... .. . time-and-a-half;

(d) for all time worked on

any customary holiday, when suc h

day falls o n any day othe r than

Sat urday and Sunday... . ... ........... time-and-a-half;

(e) for all time worked on

Sundayt or whe n a customary

holiday falls on a Saturday.. .... ....

double-time

Provided that any overtime due in accordance wi th

the provisions of item (b) o r (c) of this sub-paragraph shall

on ly he payable if the tota l time worked in any calendarweek

is not less than 40 hours and so long as any reduction, in such

numbe r of hours is not the result of an em ployer'S order or as

a ooll$Cque nceof a customary holidayoccurin& 00 a working

day.

(2) Who le-time ou tside workers ma y be entitled

to ove rtime remuneration on. oommission basis

Provided Ihal such ovenime re muneration may be

offsel againSI any oomm ission paid 10 Iheemployee so 10n&35

Ihe amount of such oommission is nOlless than the overt ime

rem uneration due 10 him at the foll owing ralC$

(a) for all lime worked in excess

of fon y hours in any calendar week ..

time-and-a-hal!

(b) for all time worked on any

customary holiday , when such day

falls o n any day other than Saturday

and Sunday . .. .............................

rirne-and·a·half;

(c) for a ll time worked on Su n-

days or when a customary holiday falls

on a Saturd ay . .. . .. . .. . .. . .. . ...... ... ... . .

double time.

(3) Shift worken shall be entitled to overtime re-

mune ration as follows:-

(a) for all time worked in excess

of forty hours in any calendar week .. tiJne..and-a·half;

(b) for all time worked on any

customary holiday , when such a day

falls o n any day other than a Sunday .

tiJne..and-a·half;

(c) for all time worked on a

Sunday being in excess of forty houn

in any calendar wee k .............. ..... . double·time.

(4) Watchmen shall be entitled to overtime re-

muneration as follows:-

(a) for all time worked in excess

of fifty-two hours in any calendar week

time-and-a-balf;

(b) for all time worked o n any

customary holiday , including Sundays,

in excess of fifty·two houn in any

calendar week ... ...... ...... .. . ........ . .. double-time.".

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

For paragraph 7 o f the Schedule 10 the principal order there

shall be substituted the following; -

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

( 1) In addition to the rmrumum weekly rest to

.... o<:a/iooo

which whole-time employees may be enti lled under parag-

raph 5, whole-'time employees shall be entitled to the Na·

tional Holidays and to all public holidays with full pay, and \0

the following vacation leave DOt being less than:-

Ca) four working weeu and one working day dur-

ing the calendar yean 1988 and 1989;

(b) four working weeks and twoworkingdaysdur-

ing the calendar year. 1990

(c) four working weeb and three working days

during the calendar yea r, 1991;

(d) four working weeks and four work ing days

during the calendar year 1992 and during any cale ndar

year thereafter

Provided that when 11 whole-time employee is in em-

ployment for less than twelve months during any calendar

year, he shall be en titled to such part of the said vacation

leave lIli is in proportion 10 the number o f months in employ-

me nt.

For the purpose of thu paragraph MVacalion

(2)

Jeave~ means leave with pay which may be availed of on days

agreed upon between the em ployer and the e mployee, pro-

vided that one day vacation leave during 1988 and 1989, two

days vacation leave during 1990, three days vaca tion leave

during 1991 and four days vacation leave during 1992anddur-

ing any calendar year the reafte r shall not form pan o f any

shutdown and shall be granted by the employer as optional

leave in addition 10 any optional leave the employee may

have been entitled to on the 9th November. 1988.".

7. For paragraph 8 of the Schedule 10 the principal order there

~~.,..::: shall be substituted tbe foUowing:~

Malta Government Gazette — Legal Notice 1990 112 — ik>t1&gC lndustrits Wqes Council Wage RqulaUOQ

Who le-time e mployees shall be ent itl ed to twe lve

days sid;; leave 00 full pay in every calendar year leM any sick-

ness be nefil 10 which they may be entilled under the Social

~uri ly Act. 1987, provided a medical certificate ccrtifying

incapaci ty for work covering the whole period is produced 10

the employer

Provided abo thal ""hen a whole-time e mployee is in

employmen t for less than twelve months during any calendar

ye ar , he shall be en titled to such pari of the said sick leave as

is in proportion to t he num ber of months in e mployment.".

8.1n paragraph 10 of the Sched ule to the principal order, for the

po.raa:raph IO oftbe words MNalional Insurance Act, 1956," there shall be substituted the

words "Social Security Act, 1987,".

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