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Work) Regulation Order, 2026

15 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

L.N. 127 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Transport Equipment, Metal and Allied 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 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

(1) The title of this order is the Transport Equipment, Citation,

Metal and Allied Industries (Conditions of Work) Regulation Order, commencement

and

2026. applicability.

(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 all factories engaged in the manufacture of transport

equipment, metal and allied products, being factories engaged in any

of the following

(a) the manufacture of metal products other than the

manufacture of clocks and watches, scientific and optical goods,

silverware and jewellery, but including the plating and polishing

of metal products;

(b)

the manufacture of machinery;

(c)

the manufacture of electrical machinery;

(d) the manufacture of transport equipment including the

repair, rebuilding and retreading of tyres, but excluding the

manufacture wholly or mainly of boats of wood and motor-

vehicle bodies;

(e) scrap-metal works including the cutting, sorting,

crushing, breaking up or baling of metals;

(f)

the repairs of television sets and radios;

(g)

the manufacture of fishing flies

Provided that the provisions of this order shall not apply to

any employees engaged in the installation, erection and fitting of

transmission and distribution equipment for electric energy, gas or

water, whether inside or outside buildings

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

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

In this order, unless the context otherwise requires

"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 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;

"day" means a period running from midnight (12:00 a.m.)

of one day to midnight (12:00 a.m.) of the next following day;

"double time" means twice the actual time rate applicable

to the employee;

"factory" shall include "workshop", whether or not such

workshop forms part of any establishment solely or mainly

engaged in activities described in paragraphs (a) to (g) of article

1(3), and means any premises wherein or within the close or

curtilage or precincts of which an employee or employees

perform manual labour in any process for or incidental to any of

the following purposes, namely

(a)

the making of any article or part of any article;

(b) the altering, repairing, ornamenting, finishing,

cleaning or washing, or the breaking up or demolition of

any article; or

(c)

the adapting for sale of any articles,

being premises wherein, or within the close or

curtilage or precincts of which, work is carried out by way

of trade or for the purpose of gain, and to or over which the

employer of the employees employed therein has the right

of access or control;

"half day" means a period running from midnight to noon,

or from noon to midnight;

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

it in the Act;

"manufacture" shall include the repair of goods;

"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;

"shift employees" means employees in any factory to

whom this order applies who normally are required to be at the

disposal of their employer twenty-four (24) hours a day;

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

"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.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

The minimum weekly wage shall be related to a working Hours of work.

week as follows

(a) in the case of all employees, other than watchpersons

and night shift workers, to forty (40) hours distributed over a

week of five (5) days;

(b)

in the case of watchpersons to sixty (60) hours;

(c) in the case of workers actually working on night shift,

to thirty-seven and a half (37½) hours.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

The minimum weekly wage payable to all whole-time Minimum

wages of whole-

employees, including learners shall be the following

time employees.

(a)

watchpersons.................................................€345.92;

(b)

other whole-time employees.........................€230.61

Provided that

(a) where an establishment operates on a working

week of less than forty (40) hours, the minimum wage

stipulated above shall apply; and

(b) an employee who in any week, is employed for

a number of hours less than the number of hours to which

his minimum weekly remuneration relates in accordance

with the provisions of article 3, shall be paid pro rata on an

hourly rate not less than that applicable to him, namely the

appropriate weekly rate divided by the number of hours per

week applicable to his establishment.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

Employees working on a shift system shall be paid a shift

premium of two euro and thirty-three cents (€2.33) per week for

working the first (morning) shift or the second (afternoon) shift.

Employees working the third (night) shift shall be paid at time and a

quarter normal rate.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

(1) When the employee is required by the employer to

wear a uniform in the performance of his duties, such uniform shall be

provided by the employer free of charge.

(2) Personal protective equipment according to the Minimum

Requirements for the use of Personal Protective Equipment at Work

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

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

All whole-time employees, other than watchpersons, shall

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

aggregate, one (1) hour per day

Provided that

(a) subject to the provisions of paragraph (b), the interval

or intervals shall be allowed after the first or before the last hour

of the period of employment; and

(b) where the last half hour of the period of employment

is allowed as a half hour of rest, the employees shall be entitled

to leave the place of work as soon as that half hour starts.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

All employees shall be entitled to a rest period according to

the Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

(1) Watchpersons shall be entitled to overtime at the rate

of time-and-a-half for all time worked in excess of sixty (60) hours

over a period of six (6) consecutive days and for all time worked on

the seventh day and shall be entitled to overtime pay at the rate of

double-time for all time worked on a customary holiday or vacation

leave not utilised.

(2) Shift employees shall be entitled to overtime remuneration

at the rate of time-and-a-half in respect of all time worked in excess of

an average of forty (40) hours in the case of day and afternoon shifts,

and thirty-seven and a half (37½) hours in the case of night shift,

where in any cycle of two or three weeks, as the case may be, the

weekly average number of hours of work exceeds forty (40) hours or

thirty-seven and a half (37½), as the case may be.

(3) All employees, other than those specified in sub-articles (1)

and (2), shall be entitled to overtime remuneration as follows

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

any week.................................................................. time-and-a-

half;

(b) for all time worked in excess of eight (8) hours on

any day other than a Sunday or a customary

holiday............................................................... time-and-a-half;

(c) for all time worked on Sundays, customary holidays

or vacation leave not granted...................................double time.

(4) When the normal number of working hours per week of an

employee is less than forty (40) hours, such overtime rate shall be paid

for all time worked in excess of his normal number of working hours

in any one (1) week.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

The employee shall be entitled to annual leave according to Vacation leave.

the Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

(1) A whole time employee shall in every calendar year Sick leave.

be entitled to the equivalent in hours of twenty (20) 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 Cap. 318.

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 of 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

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 twenty (20) 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

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 of 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

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 entitlements 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.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

An employee shall be entitled to the payment of the Waiting time.

minimum wage applicable to him for all time during which he is

present on the premises of his employer or in any other place in

connection with his employment unless he is present there in any of

the following circumstances

(a)

without the employer’s express or implied consent;

(b) for some purpose unrelated with his work and other

than that of waiting for any work to be assigned to him;

(c)

solely by reason of the fact that he is resident there;

(d) during normal meal times in a room or place in which

no work is being carried out and he is not waiting for any work to

be assigned to him.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

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

all public holidays with full pay, to all forms of leave according to the leave.

Minimum Special Leave Entitlement Regulations and all other forms S.L. 452.101.

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

Standard Orders or regulations made under the Act.

Malta Government Gazette — Legal Notice 2026 127 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Work) Regulation Order, 2026

The Transport Equipment, Metal and Allied Industries Repeal and

Wages Council Order and the Transport Equipment, Metal and Allied saving.

Industries Wages Council Wage Regulation Order are hereby repealed S.L. 452.52.

without prejudice to anything done or omitted to be done thereunder.

€0.72

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