Low Wage Commission Regulations, 2023

L.N. 66 of 2023

MALTA COUNCIL FOR ECONOMIC AND SOCIAL

DEVELOPMENT ACT

(CAP. 431)

Low Wage Commission Regulations, 2023

IN EXERCISE of the powers conferred by article 15 of the Malta

Council for Economic and Social Development Act, the Minister

responsible for social dialogue, has made the following regulations:-

The title of these regulations is Low Wage Commission

Regulations, 2023.

The scope of these regulations is to establish a Low Wage

Commission.

(1) For the purposes of these regulations unless the

context otherwise requires

"the Act" means the Malta Council for Economic and

Social Development Act;

"Commission" means the Low Wage Commission

established in accordance with regulation 4;

"Council" means the Malta Council for Economic and

Social Development established by virtue of article 3 of the Act.

(2) Save as otherwise provided in these regulations, the

definitions provided for in the Act shall apply to these regulations.

(1) There shall be established a Commission, that shall

be known as the Low Wage Commission, in accordance with the

provisions of these regulations.

(2) The Commission shall act in accordance with the

provisions of these regulations.

The objectives of the Commission shall be the following

(a) to determine whether the minimum wage shall need

reviewing;

(b)

to ensure that minimum wages are set at adequate

level;

(c) to define the national criteria constituents of the

minimum wage;

(d) to take into consideration trends in the price level and

increases in a number of selected collective agreements for

employees on low level grades;

(e) to specifically ascertain that any change in the

minimum wage is affordable in terms of sectoral vulnerabilities,

competitiveness and productivity gains; and

(f) to ensure minimum wage adequacy and the timely

and effective involvement of the social partners in the process of

review and evaluation of the adequacy of the minimum wage.

(1) The Commission shall be composed of fifteen (15) Composition of

members, consisting of the Chairperson referred to under paragraph the

Commission.

(a) and fourteen (14) other members which shall be appointed by the

Minister, as follows

(a) the Chairperson of the Council who shall ex officio

act as the Chairperson of the Commission;

(b) four (4) members to be nominated by the workers’

organisations constituted bodies sitting on the Council;

(c) four (4) members to be nominated by constituted

bodies representing national employers’ organisations sitting on

the Council;

(d) six (6) members representing the Government of

Malta, as follows

(i) the Deputy Chairperson of the Council, who

shall be acting in the absence of the Chairperson, or when

generally the Chairperson cannot carry out his functions;

(ii) the Director General for the Department of

Industrial and Employment Relations;

(iii) one (1) member nominated by the Minister for

Finance; and

(iv) three (3) other members nominated by the

Minister.

The Minister may also appoint a secretary to assist the

Commission in its work, whereas the Commission may also appoint

consultants to assist it in its endeavours.

(2) The term of office for all persons appointed as members in

accordance with sub-regulation (1)(b) to (d) shall be of four (4) years

and the said members shall be eligible for reappointment.

(3) Members of the Commission shall be remunerated

according to standard rates applicable to boards in terms of

Government policy.

(4) A member of the Commission may resign at any time by

giving notice in writing to the Minister.

(5) A person shall be disqualified from holding office and shall

cease to hold office as a member of the Commission if he

(a)

is declared bankrupt;

(b)

enters into a debt agreement;

(c) is convicted on indictment of an offence or is

convicted outside Malta of an offence consisting of acts or

omissions which would constitute an offence triable on

indictment if committed in Malta;

(d) is convicted of an offence involving fraud or

misappropriation; or

(e) has a declaration under the Companies Act made

against him or is subject or is deemed to be subject to a

disqualification order by virtue of that Act.

(6) The Minister may at any time remove a member of the

Commission on any one (1) of the following grounds

(a) the member becomes in any way disqualified from

holding office as such, in accordance with sub-regulation (5);

(b)

disability to perform his functions;

(c) if the member has become incapable through ill

health of effectively performing his function as a Commission

member;

(d)

neglect of his duty;

(e)

proven misbehaviour; or

(f)

if the member has a conflict of interest of such

significance that, in the opinion of the Minister, the member

shall cease to hold office.

(7) Where the Minister appoints a new member of the

Commission because a member of the Commission has died, resigned,

been removed from office or becomes disqualified from holding

office, the term of office of the new member shall be the remainder of

the term of office of the former member.

(8) The Commission shall determine all its matters by simple

majority

Provided that, in case of parity of votes, the Chairperson

shall have a casting vote in addition to his original vote.

(9) The quorum for meetings of the Commission shall be of

eight (8) members.

(10) The Commission may act notwithstanding any vacancy

amongst its members, provided there is a quorum present at the

meeting.

(11) In any case in which the Chairperson referred to in sub-

regulation (1)(a) is absent for a meeting of the Commission, the

Deputy Chairperson shall exercise such powers as are given to the

Chairperson under these regulations.

(12) Without prejudice to any provision of these regulations, the

Commission shall regulate its own procedure.

All members of the Commission to be appointed in Experience of

accordance with regulations 6(1)(b), (c) and (d) shall be appointed members

Commission.

after taking into consideration their experience in social dialogue and

their competence in the fulfilment of the objectives of the scope of

these regulations.

(1) To fulfil its objectives, the functions of the Functions of the

Commission shall include the active engagement in research work for Commission.

the fulfilment of the functions for which the Commission was set up

for.

(2) The Commission may also seek the assistance of other

entities, academics, operators or service providers as may be adequate

to assist the Commission in the exercise of its functions, particularly in

so far as research work is involved

Provided that such assistance shall be provided in terms of

the specific agreements as may be approved by the Commission

B

Provided further that any agreement referred to under this

sub-regulation shall be awarded and entered into in terms of the public

procurement law as in force from time to time.

(3) The Commission shall submit its recommendations to the

Prime Minister and the Minister every four (4) years. The first

recommendations shall be due in the year 2023.

€0.45