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Beverage Industries (Conditions of Work) Regulation Order, 2026

13 Articles / Provisions · Malta
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Statutory Text (13 Articles)

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

L.N. 122 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Beverage Industries (Conditions of Work) Regulation Order, 2026

IN EXERCISE of the powers conferred by article 4(1) of the

Employment and Industrial Relations Act, the Minister responsible for

employment and industrial relations has made the following order:-

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

(1) The title of this Order is the Beverage Industries Citation,

commencement

(Conditions of Work) Regulation Order, 2026.

and

applicability.

(2) This order shall come into force within two (2) months

from its date of publication in the Gazette.

(3) The provisions of this order shall apply to all employees in

any undertaking, that consists wholly or mainly in part of the bottling

or production of distilled spirits, wines, malt liquors, soft drinks and

carbonated beverages, and to any other activity insofar as it is

incidental or ancillary thereto, without prejudice to the generality of

the foregoing

(a) the distillation of ethyl alcohol for all purposes, and

the distilling, rectifying and blending of alcoholic liquors;

(b) the production of wines, cider, perry or other

fermented beverages;

(c) the production of malt or malt liquors, including beer,

ale, porter and stout;

(d) the manufacture of non-alcoholic beverages,

including soft drinks and carbonated mineral waters

Provided that where a collective agreement applies to any

class of employees covered by this order, the more favourable

conditions in such agreement or in this order shall prevail.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

In this order, unless the context otherwise requires:-

Interpretation.

"Act" means the Employment and Industrial

Relations Act;

"collective agreement" shall have the same

meaning as assigned to it in the Act;

"customary holidays" means days, other than

Sundays, declared for the time being to be public

holidays under the National Holidays and other Public

Holidays Act;

"double-time" means twice the minimum time rate

applicable to the employee;

"hours of work" shall have the same meaning as

assigned to it in the Act;

"outside worker" means a person employed

principally outside the factory in the distribution and

delivery of the employer’s products and the collection

of the employer’s empty bottles and boxes;

"part-time employee" shall have the same

meaning as assigned to it in the Act;

"shift employee" means an employee who is

regularly engaged on alternate day and night shift work

on a regular cycle basis;

"time-and-a-half" means one and a half times the

minimum time rate applicable to the employee;

"wages" means remuneration or earnings, payable

by an employer to an employee and includes any bonus

payable under article 23 of the Act other than any bonus

or allowance related to performance or production;

"whole-time employee" shall have the same

meaning as assigned to it in the Act.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

The minimum weekly remuneration shall be related to a

week of not more than

(a) forty (40) hours of work in the case of whole-time

employees other than a watchperson; and

(b) fifty-two (52) hours of work in the case of a

watchperson, spread over a week of six (6) days.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

The minimum weekly wages payable to whole-time

employees shall be as follows

(a) watchperson......................

€298.27 x €0.58c -

€299.43

(b) other employees..................

€232.35 x €0.58c -

€233.51

Provided that where the remuneration is incremental, the

increment shall be awarded annually.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

(1) Where an employee is required to wear a uniform in Uniform

the performance of his duties, the employer shall provide such uniform allowance.

free of charge.

(2) Personal protective equipment according to the Minimum

Requirements for the use of Personal Protective Equipment at Work S.L. 646.13.

Regulations shall also be provided free of charge by the employer.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

Whole-time employees, other than watchpersons, shall be Minimum daily

rest.

entitled to daily intervals for meals and rest of

(a) not less than one (1) hour in the aggregate in the case

of inside workers;

(b)

not less than one and a half (1½) hours in the

aggregate in the case of outside workers.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

All employees shall be entitled to a weekly rest period in Minimum

weekly rest.

accordance with the Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

(1) Whole-time employees, other than watchpersons, Minimum

outside workers or shift workers shall be entitled to remuneration at overtime rates.

overtime rates as follows

(a) for all time worked in excess of

forty (40) hours in any calendar week

time-and-a-half;

(b) for all time worked in excess of

eight (8) hours on any day of a five (5) day

time-and-a-half;

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

(c) for all time worked in excess of

eight (8) hours on any day of a five-and-a-half

time-and-a-half;

(5½) day week................................................

(d) for all time worked on any

customary holiday falling on a day other than

time-and-a-half;

a Saturday or a Sunday....................................

(e) for all time worked on Sundays or

on any customary holiday falling on a

double-time

Saturday..........................................................

Provided that any overtime due in accordance with the

provisions of sub-paragraph (b) or (c) overtime shall be payable only if

the total time worked in any calendar week is not less than forty (40)

hours

Provided further that any reduction in hours shall not be

attributable to an employer’s order or to a customary holiday falling on

a working day.

(2) Whole-time outside workers may be entitled to overtime

remuneration on a commission basis

Provided that such overtime remuneration may be offset

against any commission paid to the employee, provided that the

amount of such commission is not less than the overtime remuneration

due to the employee at the following rates

(a) for all time worked in excess of forty (40)

time-and-a-half;

hours in any calendar week ......................................

(b) for all time worked on any customary

holiday falling on a day other than a Saturday or a

time-and-a-half;

Sunday ..............................

(c) for all time worked on Sundays or on any

customary holiday falling on a Saturday

double time.

(3) Shift workers shall be entitled to remuneration at overtime

rates as follows

(a) for all time worked in excess of forty (40)

time-and-a-half;

hours in any calendar week ......................................

(b) for all time worked on any customary

holiday falling on a day other than a

time-and-a-half;

Sunday.......................................................................

(c) for all time worked on a Sunday being in

excess of forty (40) hours in any calendar week

double-time.

(4) Watchpersons shall be entitled to remuneration at overtime

rates as follows

(a) for all time worked in excess of fifty-two

time-and-a-half;

(52) hours in any calendar week ...............................

(b) for all time worked on any customary

holiday, including Sundays, in excess of fifty-two

double-time.

(52) hours in any calendar week ...............................

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

The employee shall be entitled to annual leave in

Vacation leave.

accordance with the Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

(1) A whole-time employee shall in every calendar year

Sick leave.

be entitled to sick leave on full pay the equivalent in hours of twelve

(12) days, less an amount equal to the sum established for sickness

benefit entitlement at the rate determined in accordance with the

Social Security Act, and part-time employees shall be entitled to a pro

rata sick leave entitlement in hours on full pay, less an amount equal

to the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act, which amount

is also to be calculated on a pro rata basis

Provided that

(a) the first three (3) days of any claim for sick leave

shall be paid in full by the employer;

(b) a medical certificate covering the period of absence

shall be submitted to the employer on the day of return to work

or, if such period of absence exceeds seven (7) days, within

seven (7) days of the commencement of sick leave;

(c) employees receiving a social security pension for

retirement or widowhood in accordance with the Social Security

Act shall, for the purpose of calculating the sick leave pay, be Cap. 318.

deemed to have received an amount equal to the sum established

for sickness benefit entitlement at the rate set in accordance with

the Social Security Act.

(2) Sick leave entitlements in accordance with this shall apply

from the first (1) day of employment

Provided that the said entitlement shall be calculated pro

rata in accordance with the date of employment in the relative

calendar year.

(3) When a whole-time employee is in employment for less

than twelve (12) months during any calendar year, he shall be entitled

to such part of the said sick leave in proportion to the number of

months in employment.

(4) The employer may require a medical certificate from a

physician of his choice to certify incapacity for work during the period

of absence.

(5) The sick leave entitlement shall be calculated on the basis

provided for annual leave as specified in regulation 8(1) of the

Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

Employees shall be entitled to national holidays and all Other forms of

public holidays with full pay, to all forms of leave in accordance with leave.

the Minimum Special Leave Entitlement Regulations, and to any other S.L. 452.101.

forms of leave that may from time to time be stipulated in the National

Standard Order or any regulations made under the Act.

Malta Government Gazette — Legal Notice 2026 122 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Beverage Industries (Conditions of Work) Regulation Order, 2026

The Beverage Industries Wages Council Order and the

Repeal and

saving.

Beverage Industries Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.

€0.54

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