Regulation Order, 2026

L.N. 125 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Wholesale and Retail Trades (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:-

(1) The title of this order is the Wholesale and Retail Citation,

commencement

Trades (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 Government.

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

employees engaged in the wholesale, retail and ancillary trades

Provided that the provisions of this order shall not apply to

persons employed in bars, restaurants, coffee-houses, or any shop run

directly under the management of a hotel or club as part of its

amenities, or leased under contract for the purpose of enhancing those

amenities; nor to port workers and foremen of port workers

Provided further that in the event that there is a collective

agreement applicable to the class of employees covered by this order,

the more favourable conditions in such agreement or in this order shall

apply.

In this order unless the context otherwise requires

Interpretation.

"Act" means the Employment and Industrial Relations Act; Cap. 452.

"customary holidays" means the days, other than Sundays,

declared for the time being to be public holidays by, or under the Cap. 252.

National Holidays and other Public Holidays Act;

"collective agreement" shall have the same meaning as Cap. 452.

assigned to it in the Employment and Industrial Relations Act;

"double-time" means twice the actual time rate applicable

to the employee;

"hours of work" shall have the same meaning as assigned to

it in the Act;

"part-time employee" shall have the same meaning as

assigned to it in the Act;

"rest period" shall have the same meaning as assigned to it

in the Organisation of Working Time Regulations.

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

time rates 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;

"week" means a calendar week;

"whole-time employee" shall have the same meaning as

assigned to it in the Act;

"wholesale, retail and ancillary trades" means wholesale

merchants, distributors, importers, exporters, commission

agents, wholesale and marketing cooperatives, retailers, lending

libraries, auctioneers, hairdressers, consumers’ cooperatives and

photographic studios;

The minimum weekly remuneration payable to whole-time

employees shall be related to a week of not more than forty (40) hours

distributed over six (6) days

Provided that the hours of work of watchmen shall be

related to a week of not more than sixty (60) hours distributed over six

(1) The minimum weekly wage payable to whole-time

employees, other than watchpersons, shall be two hundred thirty euro

and sixty-one cents (€230.61), subject to the provisions of article 4 of

this order.

(2) (a) Watchpersons whose duties are mainly

performed indoors shall be entitled to the minimum wage of

three hundred and forty-five euro and ninety-two cents (€345.92);

(b) Watchpersons whose duties are mainly performed

outdoors shall be entitled to the minimum wage of three hundred

and forty-eight euro and twenty-four cents (€348.24).

(1) When the employee is required to wear a uniform in Uniform

the performance of his duties, such uniform shall be provided by the allowance.

employer free of charge.

(2) Personal protective equipment in accordance with the

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

at Work Regulations shall also be provided by the employer free of

All whole-time employees shall be allowed intervals for Minimum daily

meals and rest of not less, in the aggregate, than one (1) hour on any rest.

All employees shall be entitled to a rest period in Minimum

weekly rest.

accordance with the Organisation of Working Time Regulations.

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

overtime rates.

be entitled to overtime remuneration as follows

(a) for all hours of work in excess of the normal hours of

work

in

accordance

with

article

of

this

order................................................................. time-and-a-half;

(b) for all hours of work on Sundays and customary

holidays.................................................................. double-time;

(c) for all hours of work in any calendar week exceeding

the number of working hours stipulated in the contract of

service, being not more than forty (40) hours, excluding from

such number the following

(i) all time paid for under the foregoing provisions

of this article; and

(ii) the number of hours during which an employee

is on holiday, sick leave or is absent from work without

remuneration subject to a maximum of seven (7) hours in

respect of any whole day.......................... time-and-a-half

Provided that the Director may authorize an

employer in writing to pay overtime to specified employees

or groups of employees only in respect of hours of work

exceeding a weekly average of the number of working

hours stipulated in the contract of service, being not more

than forty, calculated over such number of consecutive

weeks as the Director may deem reasonable; and in that

case the provisions of paragraph (a) of this article shall not

apply.

(2) Watchpersons

shall

be

entitled

to

overtime

remuneration as follows

(a) for all hours of work by watchpersons in excess of ten

(10) hours daily or in excess of sixty (60) hours in a period of six

(6) consecutive days...........................................time-and-a-half;

(b) for all hours of work by watchpersons on the seventh

(7th) day, day of rest............................................... double-time.

(1) Employees in respect of whom this order applies shall

be required to work on Sundays only if they have given their written

consent to work on Sundays to their employer.

(2)

Only employees who give their consent in terms of this

article shall be required to work on Sundays. These employees shall be

paid in accordance with article 8 of this order.

(3)

No employee shall be subject to any disadvantage, threat

or actual dismissal by his employer on account that he is not willing to

give his consent to work on Sundays in terms of this article.

(4) This article shall not apply to employees who are required

to work on Sundays by virtue of a pre-requisite in their contract of

employment or in the written statement drawn up in accordance with

the Act and any subsidiary legislation made thereunder.

The employee shall be entitled to annual leave in

accordance with the Organisation of Working Time Regulations.

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

be entitled to the equivalent in hours of fifteen (15) days sick leave 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, and part-time employees shall have a pro rata

entitlement to sick leave 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

shall 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 provided to the employer on the day of return to work or,

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

(7) days from the commencement of such absence due to sick

leave;

(c) employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

Social Security Act shall, for the purpose of calculating the sick Cap. 318.

leave payment due, be deemed to have received an amount equal

to the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act.

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

entitled to the equivalent in hours of a further thirty-six (36) days sick

leave on half pay, less an amount equal to half the sum established for

sickness benefit entitlement at the rate determined in accordance with

the Social Security Act, and part-time employees shall have a pro rata Cap. 318.

entitlement to sick leave in hours on half pay, less an amount equal to

half the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act, which amount

shall also be calculated on a pro rata basis

Provided that

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

shall be paid at half pay by the employer;

(b) a medical certificate covering the period of absence

shall be provided to the employer on the day of return to work or,

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

(7) days from the commencement of such absence due to sick

leave;

(c) employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

Social Security Act shall, for the purpose of calculating the sick Cap. 318.

leave payment due, be deemed to have received an amount equal

to half the sum established for sickness benefit entitlement at the

rate determined in accordance with the Social Security Act.

(3) Sick leave entitlements shall apply from the first day of

employment

Provided that the said entitlement shall be calculated pro

rata according to the date of employment in the relative calendar year.

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

physician of his choice to certify that the employee was unfit 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.

Employees shall be entitled to the national holidays and to

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

with the Minimum Special Leave Entitlement Regulations and all

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

National Standard Orders or any regulations made under the Act.

The Wholesale and Retail Trades Wages Council Order and

the Wholesale and Retail Trades Wages Council Wage Regulation Order

are hereby repealed without prejudice to anything done or omitted to be

done thereunder.

€0.54