Port Workers (Amendment) (No. 2) Regulations, 2007

L.N. 437 of 2007

PORT WORKERS ORDINANCE

(CAP. 171)

Port Workers (Amendment) (No. 2) Regulations, 2007

IN exercise of the powers conferred by article 17 of the Port

Workers Ordinance, the Minister for Competitiveness and

Communications, in consultation with the Malta Maritime Authority,

has made the following regulations>-

(1) The title of these regulations is the Port Workers

(Amendment) (No. 2) Regulations, 2007 and they shall be read and

construed as one with the Port Workers Regulations, 1993 hereinafter

referred to as the “principal regulations”.

(2) These regulations shall come into force on the 1 st

January, 2008.

Regulation 6 of the principal regulations shall be amended as

(a) in sub-regulation (2) thereof, in paragraph (c) for the

words “licensed.” there shall be substituted the words “licensed<”

and immediately thereafter there shall be added the following new

paragraph>

“(d) is below the statutory pension age< and in the case

of a person who did not hold a licence on the 30th December

2007 is in possession of a valid certificate of competence in

the provision of foremen duties issued by a training institution

approved by the Authority.”< and

(b) immediately after sub-regulation (3) thereof, there shall

be added the following new sub-regulations>

“(4) The complement of foremen shall be as

established from time to time by the Director taking into

consideration the requirements of employers of port workers.

(5) In this regulation ‘statutory pension age’ means that

age at which a person becomes eligible to receive a mandatory

social security retirement pension in terms of the Social

Security Act”.

Regulation 7 of the principal regulations shall be substituted Substitutes

regulation 7 of the

by the following>

principal

regulations.

“7. The foremen and the employers of port workers shall

enter into a Service Level Agreement which may, amongst other

matters include, the following>

(a) a description of the services to be provided,

including the resources to be made available and the service

performance levels to be met by the parties to the agreement<

(b) the services that are required to be provided by

foremen<

(c) the mechanisms for dispute resolution in case of

disagreement between the parties<

(d) the hours of work, including shift systems

allocation<

(e)

the ordering procedure<

(f) the disciplinary procedures that may be taken

including, but not limited to, the non-attainment of agreed

minimum service performance>

Provided that disciplinary measures provided for in a

Service Level Agreement shall be limited in scope to minor

offences involving breaches of administrative measures>

Provided further that notwithstanding the other

provisions of this regulation, disciplinary measures that may

lead to the suspension or cancellation of a licence shall be

regulated by the Director in terms of the Ordinance.”.

Regulation 24 of the principal regulations shall be substituted Substitutes

regulation 24 of the

by the following >

principal

regulations.

“24. Foremen shall be paid in accordance with the tariffs of

fees and the rates thereto set in the First Schedule to these

regulations>

Provided that fees and rates for transhipment cargo may be as

negotiated between foremen and employers of port workers. In

the case of a dispute between the foremen and the employers of

port workers about the fees payable to foremen, the Authority shall

determine fair and reasonable transhipment fees and rates which

shall be binding on both parties.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.12 (€0.28)