1I0lfls a nd Clu l/s Wage Cou nd l Wage Regulation

L. .N . .u of 1990

CON I)ITIONS OF EI\WI.OY ,\ I ENT (K};GUI.Al' IQNj ACT

(CAP. m )

1I0lfls a nd Clu l/s Wage Cou nd l Wage Regulation

~. 1 989

IN exercise of the powers conferred by Se~tion 8 of the Conditions

of Employment ( Regulation) Act. the Minister for Social Policy, hu~ing

received proposals from the Hotels and Clubs Wages Coundl

concerning 1 he condit ions of em ployment of the cmployca in rela tion to

whom the sa id Wages Counci l operalcs. has made the following

order;-

I. Th isorder may he ci ted as the Ho tels and Clubs Wagc,Council

Wage Regulation Order, 1990 and sh all come imo force on tile 1st April.

1990.

PARTI I

A plllikazzjoni tal-Part; I

I. Din il-Parti ID ' 1, Iskeda tapplika gl'l alHmpj ega ti r Lukandi. Gum flousu,

Kumplessi gI'Iall -btala. Vi ll a~; T urisliCi u appartamenti gl'l all-blala li jkollhom l iten~a.

Sighatl'" Xoghol

2. Bla hsara gllad-dispotizzjonijiet ual-paragrari 5, 6 u 7 ta' din 1-lskeda. l-anqas

i.·

kumpens fiI-gimgha gl'lall-impjegati kollha Il ghalibom tapplilr.a di n Part; ghandu jkun

relauiv ghal gimgha la' mhUJI: aklaT mi nn : -

d icta u erbghin siegha llogbol mifruxin fuq sill iji~m ghal massimu ta' 13-

(a)

i] gimgha li jiuicl'ldu bej n I-ahbar t imgba ta' C UDjU u l-ewwel gimgb a ta' Ottubru u

disgha u tletln siegha xoghol mifruxin fuq hamest ijiem ghall·bqija tas-sena fil-kat

tal-impjegati kollha minbarra ghassiesa u mutiCisti;

(b)

sillin siegl'la xogbo] fil-kat la' ghassiesa; u

(c)

Ilel;o siegha )logbo] fiI -kat la' muiitiSli.

L -Anqas KUnlfNtI$

3. (I ) Bla hsa ra gtl3d·dispoi:izzjonijiet tal-paragrafi 2. S. 6 u 7 la' din I- Iskeda. 1-

anqas kum pens fiI·gimgha li jitballas li l im pjegali whole·lime (Ii ma humiex ghassiesa u

muzitisti), ta' I -et~ spe<:ifikata fil -Ko lon na 1 tat· Tabella li tinsab hawn tah t ghandu jkun

ir-rata xierqa murija fit-Kolonni 2, 3 jew 4 taghha: -

RAn fl L-G IMGt1A

Kolonn a4

Kolonna I

Kolonna2

Ko lonna 3

m

Mcta pri ncipal

Mcta principal

Meta lal -kolonna2

jipprovdi ikla

lanqas ko1onoa 3 ma

jipprovdi zewg

wahda principali

ikliet prinCi pali

ma jappl ikaw .

kuljum

kuljum

Taht is-17- il se na

Lm28.60

Lm28.00

Lm29.13

Ta'17-ilsena

Lm29.70

Lm29.!O

Lm30.2J

Ta 'l8-ilsena

u aktar

Lm32.85

Lm 32.25

Lm33.38

lZda I- Kolonna 2 jew 3 tapplika biss mcta I·ikla jew I-ikliet ikunu provduti mill-

prinCipal bi ftehim ma·J- impjegat.

L-inqas kumpeos fiJ-g;mgha 1i jithallas lill-ghassiesa jkun kif gcj

(2)

(a)

Ghll$Siesa li J[-J[ogliol taghhom isi r prinCipalmcnt gewwa ... Lm33.38;

(b)

Ghas:;iesa li x-xoglio l taghhom isir prin6palment barra ..... Lm34.38.

(3)

L-inqas kumpcns fil -gimgha li jithallas lill-muZitisti jkun Lm40.65.

L-Anqas flin /Q ' Mislri(h Kuljum

4. (i) L-impjegat i whoiNime koltha rlukandi bafTa minn muiitisti ghandu

jkollhom interva1li ta' mh uJ[ anqas b'kol1o~ min" siegha, ghall-i klict u mistrieh rkull

gumata li fiha s-sighat tax-J[oghol ikunu ak ta r minn hames sighat u no fs.

B 25 1

(ii) Ml,loosti whole-lime ghand u jkollhom intervalli ta' mhw: anqasb'lr.ollox

mi nD nofs ~iegha ghall-mistrieh fkull turnata.

L-AnqlU Rala /11 ' Sohr'tl ghal HllddKmQ jif-MwllUt nzioni

"The pro~isions se t OU t in lhe Schedule hereto sha ll apply 10 all

e mplo}'ees in respect of whom the Hotels and Clubs Wages Counci l

operates.

The Hotels and Cluns WagcsCouneil Wage Regulation Order.

1975 shall be revo ked without prejudice. howe ~er. to any rights and

liabi lities e~isting thereunder on the date of such revOOI tion .

Th e words "The hours of work ot appremiccs ~ n d learners

emp loyed under this scheme, shall not e~ceed 10 ituurs in anyone day

nor their period of em ployment twelve hou rs in anyone day" contained

in paragraph 7, and paragraphs 8. 9 and 10 of Scheme No. 8 concerning

t he calling of cook in hou:ls. cl ubs. restaurants and hospitals puhlished

hy G ove rnme nt Notice No . 479 of 1953 shall not :,pply to learners who

are em p loyees in relation towhom this Wage Rcgul 3lion O rdera l'plics.

SCH ED ULE

PART I

Applicalion of Parr f

I. T his Pan of the Schedule applies to em ployees in I lotcls, Guest Houses.

"'ms.

Holiday Com plexes. Tourist Villages and Licensed Holiday

Hours OfWQfk

2. Suhject to the provisions of paragraphs S. tl and 7 of thi'< Schcduk, the

minimum weekly remunarmion for all employees to whom th is Pan applie.. shall he

related to a wee k of not more than:-

"

(a) forty-three hours of ..... ork spread owr si~ days for P ma.t im um of 13

weeks to be a"ailed of betwee n the IIt'S I week in J une and first wee k in Octo ber and

thirty-nine Iloursofwork. spread o ve r !i,'c days for the rest oflhc year in th e case of

all em plyeesotllcr than " 'atchmen and musiciuns

(h) sUly houTho(work in the case of watchme n: and

(c) t hiny hours of"'ork in the case of musicians.

Minim um RenllllltTIJliQfI

3 . (I) Subject to the provisions of paragraphs 2. S, 6 and 7 of t his Schedul e, the

minimum weekly rem uneration payable to who le-t im e em ployees (ot he r than

watchmen and musicians), of the age s~cificd in Co lumn I of the T ah lc hereunder.

_ha lll>c the appropriate rate set out in respect thereto in Column~ 2. J or4 thereof

RATE PER WEEK

Column 2

Col umn 3

Colu mn I

Column 4

Where the ~mployer

Whe re the employer

Whe re neither

Age

co lumn 2 nor

supplies onc main

supplies t'"'O main

column) is

me~lpcrd~y .

meals perday.

applicable .

Un de r 17 years

Lm28.60

Lm28.00

Lm29. 1J

Lm3O.23

17yearsofage

Lm29.70

Lm29. IO

11:1 years of age

or over

LmJ2.SS

Lm32.25

Lm33.J8

Provided t hat column 2 or) is only applicable where the meal or meals are

~u pp lied hy th e employer in agreement with the employee.

(2 ) The minimum week ly rem unera tion payable to wa tchme n shall I>c as

fn llows

(~ )

wmchmen whose du ties are mai nly perfonned in(loors .. ,

Lm33.J8

(b ) w.ll chmen whvse dutk's are mainly pcrfonned o ut of

"''''r.. ........ _ ....... _ ........... _ ..... _ ............ , .. . _ ..

Lm34.38.

The minim um w<-'ekly remuneration payable ID musicians shall be

(.\1

Lm~I.M.

,\Iiuimu'" nil/I,. Rf"SI

4_ (i) 1\11 whole-time employees . o ther th~n mUSIC1~ns. shall I>c allowed

intervals of not Ics.~. in t he aggregate. than one hour for meals and rest in any day o n

which tilt! hnu rs o f work exceed five and a half hours.

(ii) W hole -time musieiuns shall be allowed intervals of nO! less ill t he

(I~rcgate. o f half an hOllr for reSI in 'lily day.

Minimum Overtime Rates for Maintcnanu Worker.!"

Who le-time emp loyees emp loyed on maintenance work shall be en ti tled to

S.

ove rtime remune ratioll as follows:-

(a) for all time worked on Sundaj'$ and customary

holidays ......... .. ......... . .... . .... . ..

( b) for a ll time worked in any week in ex ce~ of the

hours as shown in paragraph 2(,,). exclusive ofally time paid

for at overtime rates ...........

, ...... .

Provided that in any week which includes a customary holiday, overtime shall

be payable for work in excess of thirty-six hours fora maximum of 13 weeks between last

week in June and first week in October in the case of employees conditioned to a six day

week and thiny-one and one quarter lIours during the rest of the year in the case o f

employees condi tioned to a five day week. exclusive of any time paid for at overtime

rales.

Minimum Overtime Ra/es for whole-lime employees olher than musicians and those

employed on nwintenance work

L-impjegati whole-lime li jkunu fuq x081"101 ta' manutcnzjoni ghandu jkollhom

drill ghaJ kumpcns ta' sahra kif tej:-

(a) ghall -hin koll u li jinhadem fil-Ildud u 61·

vaganzi tas-!IOl! u . .. . .. . .. . .. . .. ........ .. .. . .. . .. . .. . .. ..... .

hin doppju;

(b) gha ll -hin kollu li jinlladcm rkull gimgha li

jettedi s-sighat murijin fiJ·paragrafu 2(a), rnhux

magMud i1-hin 1i jithaUas h' rati ta' sahra ..... . ....... .

hin u nofs

lida fkull gimgha li linlludi vagalWl tas-soltu , gbandha titha1las "hro ghal

)[ogliol li jettedi siua u tletin sicgha ghaJ massimu ta' 13-il gi mgha bein l-al'lhar gimgl'la

ta'G unju u l-ewwel gimgha la' Ottubru m-kal. ta' impjegati rnhaddm a gbal gimgba ta'

silt ijiem u wiel'led u tletin degtLa u kwan matul il -bqija tas-sena fiI-kaZ ta' impjegati

mhaddma gbal gimgl'la ta' hamest ijiem, mhull magMud kull hin imhallas bir' l1Ila ta '

sahra.

/..-AnqaJ Rali IQ' Sah rtJ ghall-impjegati "whole_lime" imrra minn mutiCisri u dawk

impjtgali fuq xoghof ta ' manutenzjoni

Who le-time e mployees. other tha n those employed on mai ntenance work,

shall be entitled to the follow ing overtime remunerat ion

(a) for all time worked in excess of seven and one

quarter hours daily for a maximum of 13 weeh between last

week in J une and first week in <Ktober or scven and three

quarters hours dai Iy du ri ng tile rest of the year ... _ ..... _ ,

(b) for all time work.ed in excess of the weekly hours of

work as shown in parapraph 2(a), excJusiveofany time pa id for

under sub-paragraph (a) of this paragraph

Provided that employees shall be entilled 10 overtime payment for hours

worked in excess o f 39 hours per week onJy if the average hours o f work in a whole

ca lendar year exceeds an ave rage o f 40 hours per week.;

(,)

for all time work ed o n each day of rest

(d) in the case of wa tchmen

(i)

for all time worked in e xcess often hourson any

d"

(ii) for a ll time worked on each day of reSI and

customary holidays . ... . ......... , ... , ... , .. .

Provided Ihat -

(i) the Director may authorise an employer, in writing. to pay overhme 10

specified employees, or groups of employees, in respect only of the hours of work in

excess o f the wee kly average of forty-three hours o r thirty-nine hours, as the ca.;e

may be, calcu lated over a period including such a number of consecutive weeks as

Ihe D irector may deem reaso na ble. and in such case the provision ofsuh-paragraph

(a) of this paragraph shall not apply;

(ii)

the hours of work in relation (oany onc employee acting as night porter on any

day in anyone establishment shall include only half the time included in a sleeping

period.

Minimum Overtime RUle$ fo r M lJ.ficiafI.J

Whole-time musician~shall be entitled loovertime remuneration as follows:-

(a) for all time worked in excess offivc hours daily ...

(b) for all time worked in excess of thirty hours in any

time-and-a -half;

onc week

...

. .... , ..... .

double-time.

(c)

for all time worked on the weekly day Ofre51

Miuimwn Re,mmermionfor Part-Time Employees

(1) The minimum remuneration payable to parI-time employees of the

categories specified in paragraph 3 heroofshall bcpro ra/a at an hourly rate arrived at by

dividing the amount appearing for each category. by the number of hours of work pe r

week for the rcl~tiye c~tegory.

(2) For the purposes of this Part, part-time employees arc those employees,

other than part-time musicians. who arc employed for less than twenty·six hours in any

onc week; and

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

musician; and

(b) "whole-time musician" m.:an, an employee who works as a musician in a

hotel for twenty-four hours or more. spread oyer a period of not less than four days

in any week. with the same employer.

PART 11

Application of "art ff

9 . This Part of the Schedule applies 10 employees in Cl ubs.

HOIlrsofwork

Din il-Pani la'l-lskeda lappl ika ghall·impjegali fkat ill i.

Sighat fa ' Xoghof

Suhject to the provisions of paragraphs 11 and 12 o f this Schedule. the

minimum weekly remuneratio n for all whole-time employees shall be related to a week

,,1' n,>! mllre Ihan:-

(a) forty hours in the case of all whole-time employees except watchmen;

(o) sixty hours in the case of watchmen.

Minimum Remunl!Tation

(I) T he miniml.lm weekly remuneration payable tn whole-time employees

(olher than watchmen) in clutls. of Ihe age specified in Column I of the Table

her.:under. sha 11 be the a ppropriate rat.: set out in respect th.:reto in Column 2 thereof

Column I

Column 2

Rate per wcek

Ag'

Under 17 years of age

Lm 29 13

LmJO.24

17 yearsofage

18 years of age or over

Lm 32.AA

(2) The Minimum wee kly remuneration payahlc to watchmen in dut» sha ll

~e as follows

L0132.88

(a)

those whose d uties are mainly performed indoors . ,

(b)

those whose: duties arc mainly performed out of

doors

Lm33.88

Minimum OVefli",c Rates

All whole-time employees shall be ent itled to overtime remunera tion as

follow5:-

(a)

for all lime worked in excess of si. and three

1 ime-and-a·ha If;

quarter hours

(b) for all time worked in excess of forty hours in any

week, exclusive of any time paid for at Qvertime

rates .......... ,

.... 0.

time-a nd -a-half

douhle -time;

(c) for all time worked on the wcck ly day of res I

(d) mthecaseofwachmen

(i) for all time worked in occ>s of ten hours on

time -and -a-h alf

each one day .. .. ... . .... .. ......... . ... . ........ .

(iil for all time worked on each day of rest and

customary holiday

doul>le-time

Provided that:-

(i) The Director may authorise an employer in writing to pay overtime to ~

sJX:cified employee or group of employees in respect on ly of tile hours of work in

excess of a weekly average of forty hours calcu lated over suell a numocr of

consecutive weeks as the Director may deem reasonal>lc. and in tllat case the

provisions of sul>·paragraph (al of th is paragrapll sllall not apply;

(ii) T ile hours o f work in relation to o ne employee acting as nigh t porter on

any day in anyone estahlishmen t shall include only half the time included in a

sleeping period.

Parl ·rime Employees

For tile purpose of this Part "part-lime employee" means an employee-

(a) whose period of employment l>etween Monday and Frid~y in a ny onc

week falls completely witllin the period from 5.00 p.m. to II.m p.m . whether that

person works on Sat urday and Sunday as well o r nOI and work s ror Icss lh"n ."Ill

hours in anyone week: or

(b) whose period of employment between Monday and Friday in any wee k

does nOI fall completely within the period from 5.00 p.m. to 11.00 p.m. and works

for less than thirty houl"$ in anyone wee k; or

(c) who is employed in a club whe re lodgings are provided 10 persons o th er

than employees. alld who works for less than thirty hours in anyone week.

Minimum Remuneralion 10 PaTI- Time Employee;'

The minimum remuneration payable to part-timeemployeesoflhe categories

specified in paragraph 1 I hereof shall bepro·rata at an hourly rate arrived at by dividing

the amount appearing for each category, by th e number of ho urs of work per wee k for

the relative category.

SplilShifl$

Employees workingoll a system of split shifls shall be elltitled toan additional

pay ment of 50c per day worked on such system.

PART III

Appliemion of Pari III

This Part of the Schedule applies to all em ployees in coffee shops, bars and

restaurants.

Dl'finirions

In this parI of the Schedule unless th e conte xt otherwise requires-

"half day" means a period of twelve consecutive hours ending at 1.00 p.m. or

1.00 a.m. , except in the case of bars and restuarant s where it ends at 2.00 p.m. o r

2.00 a. m. respectively;

"restaurant" means an establishment where meals arc prepared for

consum ption by customer on the premises;

"part-time emp loyee~ meansan employee wbo is not a wh ole-time employee ;

"whole-tim e employee" means an e mpl oyee who works for more than twenty

hours in anyone week.

Hoursofwvrk

Subject to the provisions of paragraph 22 of this Schedule . the minimum

weekly remu nera tion payable to whole-t ime employees, other than watchmen, shall be

related to a week of not more than forty hOUTS of work. and, in the caseofwatchmen. to

a week of not more than sixty hours of work.

Minim,,,n remunumion payable /0 whole-lime employees

Subject to the provisions of paragraph 18 of this Schedule the minimum

weekly remuneration payable 10 whole-time employees shall be as follows

(a) Whole-time employees in restaurants, other than watchmen, of the age

specified in column I of Ihe table hereunder shall be: enti tled to the appropriate

rate of re muneration set oul in Column 2 thereof

Minimum Remun<!r(llu;m

Whole-time emp loyees in Restaurams:-

Columnl

Column2

Auge 16years

Lm29.13

Lm30.24

Atagc 17ycal'S

Lm33.38

Atagc 18 yeansorover

Provided that the emp loye r shall have the righ t to deduct from the falC shown

in column 2 above tOe for every day that he, in agreement willl the employee, prollides

one main meal to the employee;

(b) Whole-time employees, other than watchmen , or em ployees in

restaurants, to whom this Schedule applies, oflhe age specified in Column 1 oflhe

table hereunder, shall be entitled to the appropriate rateof remunnation sel out in

Column 2 thereof;

Minimum Remuneration

Whole-time employees (other than watchmen) in establishments other than

restauranlS:-

Column}

Column2

AI age 16 years

Lm29.13

Atagel7years

Lm30.24

AI age 18 years or over

Lmn.38

Watchmen shall be pa id as follows:-

(c)

Ci) those whose dutles are mainly penonned indoors

Lm33.38;

Cii)

those whose duties are mainly performed outdoors. . Lm34.38.

Minimum Daily ReSI

All whole-time employees shall be allo wed intelVals of not less in the

aggregate, than one hour for meals a nd rest every day.

Minimum Weekly Re$!

All whole-time employees shall be allowed one whole day off in every period

of seven consecutive days

Provided that this paragnlph shall not apply in respect of any week in wh ich an

employee is em ployed on a Sunday or Customary Hol iday and is paid at double -l ime in

accordance with the provisions of pa rar~ph 22 of this Schedule.

Minimwn Overtime Rates

Whole-time employees shall be entitled to overtime remuneration as follows

(a) for all hours of work in excess of eight hours on any

day from Monday 10 Saturday ... "."., ...... """" .... " ..... ,,.

Cb) for all hours of work on Sundays and Customary

Holidays .............................. , ... ... ... ...... ..... .. ...... ... . .. .

(c)

for all hours of work in any calendar week in excess of the number of

working hours , being not more than forty stipulated in the contract of service

excluding from such number-

(i) all time paid for under the foregoing provisions of

this paragraph . and

(ii) the number of hours during which an employee is

on holiday, sick leave or is absent from work wi thout

remune ration subjed to a maximum of seven hours in

respect of any whole day ........ ... ... ... .... ... ...... ... .. ....

Provided that the Director of Labour may authorize an employer in writing to

pay overtime to specified employees or groups of employees in respect only of hours of

work in e;.;cess of a wee kly average of the num ber of working hours being not more than

forty, st ipulated in the contract of service, calculated over sueh a number of conse.:utive

wce ks as the Director may deem reasonable; and in that case the provisions of item (a)

of this paragraph shall nOI apply ;

(d) (i) for all hours of work by watchmen in excess

of ten hours daily or in excess of six ty hours in a period of

si;.; consecutive days. ...... ... ................ .......... ..... .....

(ii) for all hours of work by watchme n on the

seventh day (day of rest) ... ... ... ... . .. . ......... ... ...... .. ...

Sick Leave

After completing the first six months of employment, whole-time employees

shall be entitled to fifteen days sick leave on full pay less any sickness benefit to which

they may be entitled under the Social Security Act , 1987, and to further thirty-six days

on half pay in every ca lendar year

Provided that a medical certifica te certifying incapacity for work covering the

period o f absence is produced to the employe r.

Minimum remuneration payable 10 parI-time employees

(1)

The min imum remuneration payable to part-time employees Shall be <G

fo ll ows

Monday to Sat urday ............ .............. .. ... ........ ..... ..... Lml .31,8 per hour

Sundays and Custo mary Holidays .. ...

. .. ..... .... ......... Lm2.06, per hour .

(2) When the Govemment grants 10 all its whole-time employees a general

increase in wages and such increase is declared by the Ministe r responsible for labour by

notice in the Gazette to be of general application to all whole-time emp loyees, the

above rates shall be proportionately increa~ by dividing the weekly rate applicable to

whole-time employees of the same category by sixty in the case of watchmen and forty

in the case of other employees.

(3)

For the purpose of this pangraph "part-time employee means an

H

employee

(a)

who is not employed for more than twenty hours in any week;

(b) whose hours of work in any day, are contained in not more than four

consecutive hours in a period of not more than half a day; and

who is employed at fi~ed hours.

(c)

PARTlV

Applic"tion of Part IV

This Part of Ih~ Schedule applies 10 all employees in HOlels. Clubs, Guest

Houses, Holiday Complexes, Tourist Villages and Licensed Holiday Rats.

imtrprerurion

In this Part of the Schedule unless the rontexI otherwise requir~s-

~maintenance work" means such work, connected with the mainlcnance and

function ing of a hotel a~ is normally done by fillef5, plumbers, carpenters,

paintef5, plasteref5, electricians, and handy-man, and includc any work done in a

power house or boiler room;

~period of employmen t" means the time m any day during which employees

are at the disposal of the employer but inclusive of intervals allowed for meal~ and

rest;

Us]e.:ping period" m.:anS a period not exccedingsixconsecutivc hours fixed by

the employer. during which a Whole-time employee acting as nigh t porter is

provided with adequate sleeping accomooalion, is allowed to sleep, but is also

required to render occasional s.:rvice;

"whole-time employee" means an employee who in lerms of the provisions of

this Schedule is not a part-time employee.

Minimum Weekly Rut

All whole-time employees shall be allowed one whole-day off in each week as

the weekly day of rest,

Sick Leave

(1) Whole-time employees shall be entitled to eighteen days sick leave 011

full pay in eve ry calendar year less any sickness benefit to which they may be entitled

under the Social Security Act, 1987

Provided that a medical certifica te certifying incapacity for work oovering the

period of absence is produced 10 the employe r.

(2) Whole-time employees employed for less tban onc year shall be entitled

to paid sick leave in proporlion to the number of months in employment.

Working Time

An employee shall be cmitled \0 the payment of the minimum remuneration

applicable 10 him for all time d uri ng which he is present on the premises of his employer

or in any othe r place in connection wilh his employment unless he is present thereon in

any of the following circumSlances:-

(a)

without the employer's consent expressed or implied;

(b) for some purpose unconnel:led wilh 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

(d) during recognised breaks for meals and rest, and he is not waiting for

work 10 be given 10 him to perform,

PART V

Application of Part V

30, This Part of the Schedule applies to all employees in Hotels, aubs, Guest

Houses, Holiday Complexes, Tourist Vill ages , Licensed Holiday Rats, Coffee Shops,

Bars and Restaurants,

ImerpreUllion

31 ,

In this Part of the Schedule unless the context otherwise requires-

"customary holidays" mea liS the days (other th~1I Su nda ys) declared for the

time being to be public holiday by or under the National Holid ays and ot he r Public

Holidays Act, 1975;

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

disposal of the employer, e ~clusive of intervals allowed for meals and rest

Mmain meal" me ans lunch or dinner and breakfast or tea

~time-and-a-half" and «double-time" mean respectively onc and a half times

and twice the actua l time rate applicable to the employee as if no meals , if any,

were provided;

~wages" means remuneration or earnings, payable in money by an employer

10 an employee;

~ week" means a calenda r week;

«weekly day of rest~ means a period of twenty-four consecutive hou rs

commencing Ht the lime at which the employee would nonnallyCQmmencc his turn

of duly.

Vacunon Leave

Din il·Pani ta' l- Is keda tapplika ghall-i mpjegat i kollha rLuk andi . Katini,

Gues/ Houses, Kumplessi ghaJl-btala , Villagg; TuriSliCi u appanamemi gh:lIl -btala li

jkollOOm lieenza. Mwienel tal-Kaft . Bars u RislOranli .

Pdin il-Pa rli la' I-lskeda, kemm-il darba r-rabla lal-kliem mn tchtiegx

xon 'ohra -

MVaganzi tas-sollU M lfisser il-grane t (barra milL-Hdud) dikjarati gha! dak it-

!mien bhala btajjel pubblia hi jew taht I-All ta' 1-1975 dwar il-FeSli Naujonali u

Btajjel PubbliCi ol'lra;

Msighal la ' xogl'lol" lfisscr il-run rk.ull gurnala li matulu I· impjcgali jkunu

ghad-disposiujoni lal· PrinOpal, barra mill·intervalli permessi ghall·ikel u ghalL-

mistrieh;

Mikla printi pali" Hisser ikln tu' nofs in-nhar jew ikla la' fi lghaxija u kola;ajon

jcw le;

Mhin u noW u ~l'Iin doppju~ jfiSl>TU rispe nivame nl darba u nofs u d-doppju lar-

rata altwali li tapplika gl'lall·impjegat hl'lalli kiek u ebda ikliet. lejn dan jghodd, ma

gcw provduli;

"pagiM lfisscr il -h!as jew qliegh li jithal1l15 hi nU! minn printipal III impjegal;

"gimgha" tfisseT gimgl'la kalendarja ;

"gumata ta' mi slriel'l fiI-iimgha" lfisscr pe rijodu la' erbgl'lin u ghoxri n siegha

konsekunivi I; jibdew mill·hin Ii fih I·impjegal nonnalmenl jibda x-xogl'lol lieghu,

VagaJJZi

32, (1) Minbarra I-inqas hin la' mistrieh fil-gimgha li ghalih impjegali

whole·rime ikunu intitolat;, impjegati wh ole·rim e ikunu inlilolali ghall-Fesli

Naz:1!jonaJi u ghall-b lajjel pubb liCi kollha b'paga shiha, u gJ'Iall·vagand li gejjin li

ma ghandhornx ikunu inqas minn;

(a) eTba' ii mghat ta' xogl'lol u jum la' xogl'lol matul kull waMa mis·snin

kalcndarji 1988 u 1989

(b)

erba' gimghal la ' xogbol u jumejn la' xogflol malul is·sena kalendarja

1990

(t)

e rba' gimghalla' xogho l u tl ill ijiem la ' xoghol malul is-sena kalendarja

1991 ; u

(d) erba' gimgl'lalla' !togOOI uerbal ij ie m la' xoghol malul is-sena kalendarja

1992 u malul kull sena ohra kalendarja li tigi warn

J:tda meta impjcgat wholNime ikun impjcgat ghal inqas minn tnax-il xaUT

ma tul xi sena kalendarja, huwajkun inlilolal gh al dik il-pani tal-vagand msemmija

li tku n fi proporzjon man· numru ta' Xh UT li jkun ilu n-impieg,

(2) Ghall-finij icl la' dan il-paragrafu "vaganzi" (fisser vaganl.i bil-hlas li

jislgI'Iu jinichdu fi granel mifle hmin bejn il-prinopal u I·impjegat, iMa Il:umata vaganza

malul kul! wahda mis-snin kalendarji 1988 u 1989, jumejn vaganzi matul 1-1990, lIell

ijiem vaganzi malul 1-1991 . u e rbal ijiem vagall2.i matul 1-1992. u matul kuU sena kalen-

"

2«)

darja ti tigi wlIra roa ghandhomx jiffu rmaw pani minnn xi shutdown U gl'Iandhom jin-

S1'lamw mil1 -printipal b1'la lll 1t'{I"f' li jiuiehed 1'1 'ghatl a b'tieda ma kull ieQ,'t! li jiuie hed

b'gl'laila li ]-i mpjegat seta'ldeo intitolat ghalih fid-9ta' Nove mbru. 1988.

"Uu " fI" ghat !.utlW

(I) In addition to Ihe miniml,lm weeldy rest to which whole-time employees

may be entitled, whole-time employees shall be entitled to the National Holidays and 10

aU public holidays with full pay. and to the fOllowing vacation leave not being less

Ihan:-

(a) four working weeks and one working day during the calendar years 1988

and 1989;

(b)

four working weeks and two working days during the calendar year,

1990;

(c)

four working weeks and three working days during the calendar year,

1991;

(d) four working weekS and four work ing days during the calendar year 1992

and during any calender year thereafter

Provided that when a whole-time employee is in employmcnt for IcSli Ihan

twe lve months during any calendar year, he shall be entit led to such part of the said

vacation leave as is in proportion 10 the number of months in employment.

(2) For the purpose of this paragraph 'vacation leave' means leave with pay

which may be availed of on days agreed upon between the employer and the employee,

provided that one day vacation leave during cach of the calenm.r years 1988 and 1989,

two days vacation leave during 1990, three days vacation leave during 1991, and four

days vacation leave during 1992 and during any calendar year thereafte r shall nOI fono

part of any shu ldown and shall be granted by the employer asoptionalleave in addition

to any optional leave the employee may have been entitled to on the 9th November,

1988.

Whole-time employees shall be allowed two days paid leave on the occasion

of the death of any of the following relations: wife, husband , mother, father, (or the

person who at the time was in fact acting as the motller or the fatller of tile employee),

son, daugllter, brotll er, or sister.

A whole-lime employee shaH be allowed three days leave with pay on the

occasion of his marriage and one day leave on the n«asion of the birth of a child to the

wife of the employ: e.

Injury ', eave

A whole-time employee shaH be en titled to one year injury leave on full pay

less full amoum of any injury benefit to which such employee may be emitled under the

Social Security ACI , 1987, ifhe is injured during the actual di scharge of his duty and not

due to any contributory negligence on his part o r to any cont rave ntion of safety rules

laid down by the management.

Jury Leave

Who le-time employees called for jury service sha ll be allowed all the

necessary lim e off on full pay 10 allend suc h serv ice at the Court.

Tips

The minimum rates prescribed by this o rder shall in nocase include any tips

which are earned by the employees in the course of their duties.

Retiring Age

In cases where the retiring age of a male employee isexpecled althe age o f60

yea rs, such employee sha ll be given the opportunity by his employer to ret ain his

employment beyond thi s age at least until the age of 61 years, provided that me

employee in ques tion shall still be allowed, if he so wishes, to retire allhe age of 60

years.

EXPLANATORY NOTE

(This nole is /Wt ptlrT of the Order but is intended to indicate its applicability)

TlIe provisions in the above Schedu le will apply to all persons employed in hotels,

guest houses, holiday cnmple:tesor tourist villages, licensed holiday flats, clubs, coffee

shops, bars and restaurants.

Hotels include any bar. restau rant or shop run directly by the manage me nt of a

hotel as part of that hotel.

Clu bs include any bar, resta urant or shopei ther run directly by the managementof

a club. or given out under cont ract. for th e purpose of increasing the amenities of the

club.

The terms ~guest houses-. - boliday complexes or tou rist villages-. and - lice nsed

boliday f1als~ bave tbe same meaning as is assigned to tb em by tbe Hotels and Catering

Establisbments Act, (Cap. 197), and by tbe Guest Houses and Holi day Furn isbed

Premises Act. 1974.

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