Food Mllnufacture InduslriH Waga COtIndl Wage Regulation Ordtr.

L.N. 68 of 1991

CONDITIONS OF EMPI.OVMENT (REGULATION) ACT

(CAP. 135)

Food Mllnufacture InduslriH Waga COtIndl Wage Regulation Ordtr.

""

IN exercise of the powers con ferred by section 8 o f the Conditions

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

rece ived proposals from the Food Man ufllCture Industries Wages

Council concerning the conditions of employment of the cmploy«S in

re la tion to whom the said Wages Council operates, has mad!: the

following order:-

I. This orde r may be ci ted as the Food Manufacture Industries

Wages C ouncil Wage Regulation O rder . 1991 and shall come into force

on the 20th May, 199L

Dan l-ord ni jist.' jisscjjah I-Ord ni la' 1-l991 tal · KunsiU tal -Pagi

dwa r 1-1 ndustri ji tal-Manifattun la' \-Ikc:l bin J im:gola I- Pagi u ghandu

jibda jsehh fl-ZO ta' Mejju. 1991.

I.

In this Schedule un les5the a;mtext otherwise requires-

"customary holidays" means the days (other than Su ndays)

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

Nat ional Holidays and othe r Pu blic Ho lidays Act;

" day" means a period ru nn ing from midn ight of one day 10

midnight of the nut following day;

"half a day" means a pe riod of twelve oonsceutive hours beginning

o r e nding at 1.00 p.m. o r 1.00 I .m.;

" ho urs of wo rk" means the lime on any day during which

e mployees an: al the disposal of the employe r. exclusi\'C of the intervals

allowed for meals and resl;

" no rmal time", "Iime-and-a-half' and "double-time" mean

respectively one lime. o ne-and'a-half times, and twice the minimum

time nlle applicable 10 the employee

" pari-lime employee" means an emp loyee who is not a whole-time

e mployee;

"period of employment" means the time in anyone day during

wh ich em ployees are al the disposal o f the employer, Dut inclusive oflhe

in tervals a llowed for meals and rest ;

"wages" means remuneration or earn ings payable in money by an

e mployer to an employee;

''Week'' means a calendar week

''Wee kly day o f re$1" means I. period o f twenty-four con5eCutive

hours commencing at the time at wh ich the worker would oormaJl y

commence his turn o f dUly ;

"whole-time employee" means an employcc -

(a)

who is employed for more than 30 hours in anyone wee k;

>od

(b) whose hours of work arc spread ove r a period of more

-.

than half a day on anyone day .

2. (I) TIle minimum wcc kly remuneration sha ll be related to a

week o f nOI mo re than forty hours in the case of all whole-lime

employees other than watchmen.

(2) The minimum wcckly remuneration in the case of

watchmen shall be re lated to a week of not more than fifty-four hours.

incl usi ve of on the $pot breab for meals.

J. ( I) The minim um wcck ly wages payable 10 wbole-time

employees. othe r than walchmen. shall be as follows

18yearsor over .......... ................... .

Lm34.l3c

J7 years .............. . ......... . .... .... . ... ..

Un3L9Jc

16years ....... .... ................... .........

Lm3 LOOc.

(2) (a) Wa tchmen whose duties are mainly performed

indoors shall be paid a min im um weekly wage of Lm34.IJc; and

(b) Watch me n whose du ties are mainly performed out

of doors shall be paid a minimum wage o f Lm35. JJc.

The provisions se t o ut in the x hedule hereto shall apply 10 all

e mployees in respect of whom the Food Manufacture Industries Wages

Council operates.

J. From the dale of commencement of this o rder. the Food

Manufacture Industries Wages Council Wage Regulation Order. 1977.

shall be revoked.

Part· time employees shall be e ntitled to a minimwn hourly rale

calculated pro rata in accordance with the provisions of paragnphs 2

a nd 3 of thi s Schedule.

S. Who le -time e mployecsother than watchmen, shaD be allowed

intervals of not less, in the aggregate. tha n one hoorfor meals and resl in

any one day

J'rovidcd tha t -

(a) sub jee! to the provisions of paragraph (b) ofthis Pl"(lVOO.

th e intcl"llol o r inte rvals shall be allowed after the first or before the

last ho ur of tile period of employment: and

(b) where the last half hou r of the period of employment is

allowed asa half hour of rest . IheempJoyeeshall beentilled lokave

t he place of work as §OOn as that half hour starU .

L-impjcgati whok-~, minbamr. I-ghas.siesa, ikollhom

pcrmC5S ghall-inlcrvalli gllall-ikcl u misuic ll la' mhWl inqas, b·lr.ollolt,

minn siegha kuJjum

lida -

(a) bla ll san tad-disposiu:jonijic t lal-paragrafu (b) la' clan

il-proviso, I-inlcrvall jew inlcrvalli gIIandhom jinghataw wara 1-

c wwcl jew qabell -allllar sicglla lal-pc rijodu la' l-impicg; u

(b) mCla I-allll ar nob sicglla lal-pcrijodu ta' I-impicg Ikun

permessa bllala nofs sicglla la ' mislriell , l-impjegat ik un inli tolal I;

jllalli I-post lax-xoghol malli tibda dik in-nofs sieglla.

A ll whole-lime employees, other than watchmen , shall be

allowed lWO week ly da~ of m;1 in every wee k. Watchmen shall be

allowed one wee kly day o f rest

Provided IlIat the Directo r of Labour and Emigration may,

whe neve r. be deems fit , permit in writing an employer 10 ullow sllch

employees two half days, ending or beginning at noon, as the weekly rest

in lieu o f any onc whole day off .

1. (I) Wo rk o n customary holidays shall be re munera ted at

double lime . or at normal time plus a day off in lieu, in addition to the

day o r d ays of rest.

(2) Whole-time e mployees. other than watchmen. ~all be

e ntitl ed to overtime remuneration as follo","S

(a)

for wo rk incxcessof40 hour.;i n anyone .... ee k- timeand

a half;

(b) forall time wo rked on tbe fir.;t prc-de te nn inc:ddayofrcst

of the wee k - time and a half

(e) for all time wo rked on the scalnd preoodetennined day of

rest o f tile wee k - double-time.

(3)

Watehme n sllaU be entitled to O\'enime remuneratio n as

foUows : -

(a) for work in excess of9l1our.; daily or 54 ho urs wee kl y -

time and a lIalf;

(b) for wo rk on the seventh day (being the wee kly day of

rest) - double time.

doppju. jew b'hin nonnali u gumata frank minflolr.. barn miU..gumata

jcw granel ta' mistriell.

(2) Impjegad w1wk-~, batfa minn ghassiesa. ghandhom

jilhallsu rimuDCnLZZjoni glial sahn ki f gej: -

ghal xogllol 'il fuq minn 40 sieglla fiI -gimgha - lIin u nors;

(a)

(b) ghall-hin kollu li jinlladem fl-e_'el gumala la' mistriell

determinata minn qpbcl fiI -gimgha - lIin u nofs;

(t) ghall·hin kollu H jinlladcm fi t-lien; gumala la' mistriell

dClerminata minn qabcl fiI-gimgha - hin doppju .

(3)

Ghas.siesa ghandhom jithaJlsu rimunerazzjoni ghal sah ra

kifgej:-

(a) glial Jloghol ';1 fuq minn 9 sighal kuljum jew 54 5iegha

fil-gimgha - hin u OOr5;

(b) ghal xoghol flS-5eba ' gumala (H Ikun il-gumata la'

mislrieh fil-gimgha) - lI in doppju .

(I) In addition to the mini mum weekly reSI 10 which who1c·

ti me e mployees may be entitled under paragraph 6 whole-lime

employees shall be en titled to the Natio nal Holida)"S and to all public

holidays with full pay, and to the following vacation leave nol being less

than: -

(a ) four wo rking .... eeks and one .... orking day during the

ca lendar years 1988 and 1989

(b) fOUT working weeks and two work.ing days during the

calendar year 1990;

(cl four working weeks and three working days during the

calendar year 1991;

(d) four working weeks and four working days during the

calendar year 1992 and during any calendar year thereafter

Provided that when a whole·time employee is ill employment

for less than twelve months during any calendar year, be shall be entitled

to such pan of the said vacation leave as is in proportion to the number

of months in employment.

(2) For the purpose of this paragraph "vacation leave"

means leave with pay which may be avai led of on days agreed upon

between the employer and the employee, provided that onc day

vacation leave during 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 thereafter shall IIOt form part

of any shutdown and shall be granted by the employer as optional leave

in addition to any optional leave the employee may have been entitled to

on the 9th November, 1988.

(I) Whole-time employees shall be e ntitled to 12 days sick S"'kleavc.

leave on full pay in eve ry calendar year less any sickness benefit to which

they may be entitled under the Social Security Act, 1987; provided a

medical certificate certifying incapacity for work covering the period o f

absence is produced to the employer.

Whok:-Ij" ,e e"'l'loy",,~ e"'l'l .... yeu r .... r le» Ih, ....... ne yea,

(2)

shall be entitled 10 paid sick leave in proportion to the numberofmonths

in employment.

A whole-time employee shall be entitled toa maximum of one tnjwytc.vc.

year inj ury leave on full pay. less the full amount of any injury benefit to

which such employee may be entitled in terms of the Social Securily Act,

1987, if he is injured during the actual discharge of his duty and such

injury is not due 10 any contributory negligence on his part or 10 the

con travention by him of any safety rules laid down by the Management.

Whole-time employees shall be allowed two days paid leave

on the occasion of the death of anyofthe following relations: the wife or

husband, the father or mother (or the person whoat the time was in fact

acting as the father or mother of the employee). the son or daughter. and

the brother or sister.

Whole-time employees shall be allowed one day leave on the

occasion of the birth of any child to the wife of the employee.

A whole-time employee shall be allowed three working days

leave on full pay on the occasion of his marriage.

Whol.:·timc employees called for JUTY service sha ll be allowed

all necessary time off on full pay to attend to such service in Court.

An employee is entitled 10 the payment of the minimum

w;'gt'S applicable 10 him for all time during which he is present on the

premises of his employer o r elsewhere unless he is present thereon in any

of Ih.:: following circumstances -

(a)

without the employe r's consent. e~press<:d or implied;

for some purpose unconnected with his work and othe r

(b)

than that of waiting for work to be given!O him !O perform

(c ) by reason ooly orllle fact that he is rcsitknllhereon;

(d) during nOf1llal meal times. and he is not waiting for "" ork

10 be gi"en 10 him 10 rcrform.

In cases where re tirement of a male em ployee is e ~pected 10

wke pluce at the age of 60 }'car.;. such employee shall be given \he

opportunity b)' the employer to retain his emplo~men t beyund this age

at leas! unlil the age of61 yean. provided that lhe employee ir quest ioo

shall st ill be allowed. if he w .... ishes. to retire at 60 yea n .

EXPLANATOR Y NOTE

(This " Olt is "ot part of tht Ordtr bill is imtnded 10 indiClllt its applic{lbi/ityl

The above order applies to employees in any undertaking. or pa ri of an

undertaking. the activities of " 'hich consist wholly or maiol)' in the manufacture of

foodstuffs. ioeluding bakeries. paste factorics. confectioneries and ice..:ream factories

and of balanced fodder and other foodstuffs for animal consumption.

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