Seamen (Conditions of Work) Regulation Order, 2026

L.N. 132 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Seamen (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 Seamen (Conditions of

Work) Regulation Order, 2026.

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

from its date of publication in the Government Gazette.

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

employees employed on board ships regularly operating within the

territorial waters of Malta but excluding persons employed on board

fishing vessels or on foreign going ships

Provided that in the event that there is a collective

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

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

prevail.

(4) For the purpose of this order, any person who is employed

to carry out any duties the exercise of which requires a licence in

accordance with the Commercial Vessels Regulations should be

considered to be employed as such only if he holds the relative licence

required by such employment.

In this order unless the context otherwise requires

"Act" means the Employment and Industrial Relations Act;

"boatswain" means an employee responsible for

supervising deck crew and performing such other duties as may

be instructed by the ship’s officers;

"captain" or "master" means an employee who has

command of a vessel, is responsible for the safety of passengers,

crew, vessel and cargo, controls the speed and directs the course

of the vessel, supervises the work of the crew, ensures

maintenance and cleanliness, and directs subordinate officers in

the performance of their duties;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"coxswain" means an employee who steers, controls the

speed of vessels and who may be in charge of a small craft;

"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

Provided that an employee shall not be entitled to an

extra holiday if the customary holiday falls on a non-working

day;

"double time" means twice the actual time rate applicable

to the employee;

"employee in Category A" means any whole-time

employee wholly or mainly engaged on board light duty tugs or

lighters;

"employee in Category B" means any whole-time employee

wholly or mainly employed on board heavy duty tugs;

"employee in Category C" means any whole-time employee

wholly or mainly employed on board any luzzu;

"employee in Category D'' means any whole-time

employee wholly or mainly employed on board a Gozo ferry;

"employee in Category E" means any whole-time employee

wholly or mainly employed on board yachts or pleasure boats

and includes any other whole-time employee, not being an

employee in any of the Categories A, B, C and D, to whom this

order applies;

"engine driver" means an employee who mainly operates

and maintains engines and other mechanical equipment;

"engineer" means an employee who is fully qualified to

operate, maintain and repair engines, motor pumps, condensers

and other mechanical and, or electrical equipment;

"Gozo ferry" means any ship or vessel engaged wholly or

mainly in the transport of passengers and, or cargo on a regular

schedule between Malta, Gozo and Comino;

"heavy duty tugs" means any tug employed in assisting

vessels within the harbours and territorial waters;

"hourly rate" means the result of the division of the weekly

wage of an employee by the number of hours to which that

employee is engaged to work;

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

it in the Act;

"learner" means a person other than an apprentice, who is

over the age of fourteen (14) years and under the age of eighteen

(18) years, who is receiving training in any calling to which this

order applies, and in respect of whom the employer holds a

permit issued in accordance with the Employment and Training

Services Act;

"luzzu" means any vessel including Gozo boats but

excluding the Gozo ferry, engaged wholly or mainly on the

transport of cargo between any of the Maltese Islands;

"night shift" means any period of employment that includes

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

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;

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

in the Organisation of Working Time Regulations ;

"shift employee" means an employee who is engaged on

alternate day and night shift work on a regular cycle basis;

"territorial waters" means the territorial waters of Malta as

determined in accordance with the Constitution;

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

rate applicable to the employee;

"week" means a calendar week;

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

assigned to it in the Act;

The minimum weekly wages of employees in Categories A,

B, C, D and E shall be related to a five (5) day week, to be determined

by the employer, of not more than

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

employees other than watchpersons; or

(b) forty-eight (48) hours of work in the case of

watchpersons.

Whole-time employees who perform wholly or mainly the Minimum

duties ordinarily pertaining to the calling specified in any category in wages

time employees.

the following Table, shall be entitled to the relative minimum weekly

wage specified hereunder

Provided that any hours worked on a regular night shift

basis shall be compensated at the rate of one and one-fifth (1 1/5) the

hourly rate applicable to such employee.

Table of Minimum Wages

CATEGORY A

(Light duty tugs or lighters)

Coxswain

€235.85

Engine Driver

€234.68

Pumpman

€232.93

Watchperson

€275.33

Seaman or other calling

€232.35

CATEGORY B

(Heavy duty tugs)

Master

€244.00

Engineer

€240.51

Boatswain

€233.52

Greaser

€233.52

Watchperson

€275.33

Seaman or other calling

€232.93

CATEGORY C

(Luzzus)

Master

€244.00

Coxswain

€235.85

Engineer

€240.51

Engine Driver

€230.61

Watchperson

€275.33

Seaman or other calling

€232.35

CATEGORY D

(Gozo Ferry)

Captain

€253.83

Coxswain

€238.18

Boatswain

€235.85

First Engineer

€247.54

Second Engineer

€242.83

Third Engineer/Engine

€237.01

Driver

Seaman/Deckhand

€232.35

Watchperson

€275.33

Other calling

€232.35

CATEGORY E

(Yachts, pleasure boats, etc.)

Skipper/Captain

€245.16

Engineer

€240.51

Engine Driver

€235.26

Coxswain

€235.85

Boatswain/Mate

€233.52

Seaman/Deckhand

€231.19

Watchperson

€275.33

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

the performance of the employee’s 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.

(1) Whole-time employees other than watchpersons shall

be paid minimum rates of overtime as follows

A.

Monday to Saturday

(i) for hours worked in

time and a half;

excess of eight (8) hours on any

one day .......................

(ii) for hours worked on

time and a half.

the day of rest ...........................

B.

Sundays

for all hours worked ............

double time.

C.

Customary holidays

(i) for all hours worked

time and a half;

during the usual hours of work

which would have applied had the

day been an ordinary working day

(ii) for all other hours

double time.

worked on such days .................

(2)

Watchpersons shall be paid minimum rates of overtime as

follows

(i) for any hours worked

time and a half;

in excess of forty-eight (48) hours

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

(ii) for any hours worked

time and a half;

on a day of rest which is neither

Sunday nor a day substituted for

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

(iii) for any hours of work

double time.

on the day of rest which is either

Sunday or a day substituted for

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

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

accordance with the Organisation of Working Time Regulations.

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

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 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 is

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 fifteen (15) 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 is

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 (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.

(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 due to sick leave.

(5) For the purpose of this article, a break in employment of

not more than two (2) months shall not interrupt the continuity of

service.

(6) 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.

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

be allowed adequate intervals for meals and rest of one hour in the rest.

aggregate on any day on which the hours of work exceed six and a half

(6 ½) hours.

All employees shall be entitled to a rest period in Minimum

weekly rest.

accordance with the Organisation of Working Time Regulations.

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

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

present on the vessel or ship of his employer or elsewhere unless he is

present thereon in any of the following circumstances

(a)

without the employer’s express or implied consent;

(b) for some purpose unrelated with his work, other than

that of waiting for work to be assigned to him;

(c)

solely by reason of the fact that he is resident thereon.

Employees under this order shall be entitled to the national Other forms of

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

according to 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 Seamen Wages Council Order and the Seamen Wages Repeal and

Council Wage Regulation Order are hereby repealed without prejudice saving.

to anything done or omitted to be done thereunder.

€0.81