Regulation Order, 2026

L.N. 126 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Travel and Insurance Agencies (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 Travel and Insurance

Agencies (Conditions of Work) Regulation Order, 2026.

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

from its date of publication in the Gazette.

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

employees in any undertaking or part of an undertaking, the activities

of which consist wholly or mainly in the provision of services relating

to travel, including freight by sea or air, insurance, estate agency

activities, and employment of watchpersons, telephone operators and

other persons employed by shipping agents, travel agents or

contractors on board ships whilst in the territorial waters of Malta

Provided 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

prevail.

(1)

In this order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations Act;

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

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

National Holidays and other Public Holidays Act;

"calendar year" is a period of twelve (12) months starting

from 1st January and ending on the 31st December;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"day" in the case of night shift employees means a period

of twenty-four (24) consecutive hours, and in all other cases it

means a period running from 12:00a.m. on one day to 12:00a.m.

on the following day;

"Director" shall have the same meaning as assigned to it in

the 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;

"industrial employee" means an employee employed

wholly or mainly on manual or fatigue duties and includes

messengers, handymen, fatiguepersons and watchpersons;

"non-industrial employee" means an employee employed

wholly or mainly on clerical duties and includes booking-clerk,

accounts-clerk, shed-clerk, shorthand-typist, telephone-operator,

telephone typist, reservation and sales clerk, andincludes a

courier or representative;

"night shift" means any period of employment that includes

any hours from 10.00 p.m. of any one day to 6.00 a.m. of the

following day;

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

assigned to it in the Act;

"period of employment" shall have the same meaning as

assigned to it in the Act;

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

"week" means a calendar week;

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

in the Organisation of Working Time Regulations;

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

assigned to it in the Act.

(2) For the purpose of calculating the average weekly hours of

work for the purpose of this order, unless the context otherwise

requires, account shall be taken of the uninterrupted period of

employment during the particular calendar year.

(1)

With regard to whole-time non-industrial employees

(a) the minimum weekly wage of whole-time non-

industrial employees except a courier or representative shall be

related to a five (5) day week from Monday to Saturday of not

more than forty (40) hours of work, exclusive of overtime

calculated on an average for one (1) calendar year, in a way that

the employee shall have one day free from work between

Monday and Saturday inclusive, provided that normal work on

Saturdays shall be carried out only until 1.00 p.m.

(b) in the case of a courier or representative the working

week shall consist of forty (40) hours distributed over a period of

six (6) days, from Monday to Sunday.

(2) The minimum weekly wage of whole-time industrial

employees except watchpersons shall be related to a week of not more

than forty (40) hours of work, exclusive of overtime, calculated on an

average for one (1) calendar year.

(3) The minimum weekly wage of watchpersons shall be

related to a week of not more than forty-eight (48) hours of work, and

no watchperson shall be required to work for more than forty-eight

(48) hours in any one (1) week.

(4) A time-schedule covering a period of a calendar year for all

categories or for different categories of employees in the same

establishment, as the case may be, shall be submitted in writing by

registered letter to the Director and shall, when so notified and

provided that it complies in all respects with the provisions of this

order and the requirements of any other law, constitute the normal

working hours in the establishment

Provided that

(a) until such time-schedule is submitted to the Director

as aforesaid, the normal working hours in the establishment shall

be forty (40) hours in any one (1) week; and

(b) any changes to such time-schedule shall be effected

by the employer after the prior notification in writing of such

changes to the Director.

The minimum weekly wages payable to whole-time Minimum

wages of whole-

employees shall be the following

time employees.

(i)

industrial employees................................ €229.44;

(ii)

non-industrial employees

during the first (1) year of

€229.44;

employment in the establishment

during the second (2) year of

€231.77;

employment in the establishment

during the third (3) year of

€234.10;

employment in the establishment

.....

during the fourth (4) year of

€238.76.

employment

in the establishment ...

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

the carrying out of the employee’s duties, such uniform shall be allowance.

provided by the 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

charge.

All whole-time employees, other than watchpersons, shall Minimum daily

be allowed intervals for meals and rest of not less, in the aggregate, rest.

than one (1) hour every day

Provided that the interval for mid-day lunch shall not

exceed two (2) hours.

All employees shall be entitled to a rest period in Minimum

weekly rest.

accordance with the Organisation of Working Time Regulations.

(1)

Overtime shall be payable in respect of all whole- Minimum

time employees, excluding watchpersons and a courier or overtime rates.

representative

(a) for all time worked in

time-and-a-half;

excess of normal working hours as

established in accordance with the

provisions of article 3, at the rate

of....

(b) for all-time worked in

time-and-a-half;

excess of nine (9) hours in any one

(1) day, exclusive of any rate paid

in accordance with paragraph (a),

and for all work performed after

1.00 p.m. on Saturday, at the rate

of ....

(c) for all time worked on

double time.

Sundays and customary holidays,

at the rate of ......

(2) Paragraphs (a) and (b) of sub-article (1) shall not apply to

workers on night shift duty.

(3)

Overtime rates for a courier or representative shall be as

follows

(a) for all time worked in

time-and-a-half;

excess of forty (40) hours in a

week of six (6) days or of seven

(7) hours in any one (1) day

(b) for all time worked on

double time.

customary holidays and the

weekly day of rest ......

An employee shall be entitled to a night-shift allowance of

one-thirtieth (¹∕₃₀) of his weekly wage for each night shift he works,

provided that a minimum allowance of one-fifteenth (¹∕₁₅) of the

weekly wage shall be payable in any one week in which night-shift

work is performed.

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 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 produced 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) Sick leave entitlements shall apply from the first (1) day of

employment

Provided that the said entitlements shall be calculated pro

rata in accordance with the date of employment in the relative

calendar.

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

entitled to the equivalent in hours of a further period of fifteen (15)

days sick leave on half pay, less an amount equal to half the sum

established for sickness benefit entitlement at the rate established in

accordance with the Social Security Act, and part-time employees Cap. 318.

shall have a pro rata 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 produced 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.

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

physician to certify that the employee was unfit for work during the

period of absence due to sick leave.

(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.

For the purposes of articles 10 and 11, any period of

incapacity for work due to sickness not exceeding thirty (30) days

shall not interrupt the continuity of service.

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 Travel and Insurance Agencies Wages Council Order

and the Travel and Insurance Agencies Wages Council Wage

Regulation Order are hereby repealed without prejudice to anything

done or omitted to be done thereunder.

€0.63