Professional Offices (Conditions of Work) Regulation Order, 2026
Table of Provisions (12)
Statutory Text (12 Articles)
L.N. 134 of 2026
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Professional Offices (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 Professional Offices 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 established in this Order shall apply to all
employees in any office or undertaking or part of an undertaking the
activities of which consist wholly or mainly in employment in any of
the offices and establishments of the following
(a) trade unions including associations of a similar
character, chambers of professionals and businesspersons and
other associations of a similar character;
(b) offices of architects, engineers, lawyers, notaries
public, lotto receivers, accountants, book-keepers, auditors and
consultants in any branch of engineering, architecture, law and
accounting;
(c) research and scientific establishments,
except
laboratories attached to private hospitals;
(d) market research units, advertising agencies,
establishments which receive funds from the public for
investment in unit trusts or which manage unit trusts, except
establishments carrying out wholly or mainly insurance
business
Provided that this Order shall not apply in respect of
employees whose remuneration for work is regulated by a tariff
established by law
Provided further 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 that
agreement or in this order shall apply.
In this Order, unless the context otherwise requires
"Act" means the Employment and Industrial Relations Act;
"Category 1" includes charwoman or
fatigueman,
watchman, chainman, messenger, receptionist;
"Category 2" includes telephone attendant or operator,
driver, printer;
"Category 3" includes clerk or clerk-typist, card puncher
operator, tracer or drawing office assistant, taker off, lotto
receiver assistant;
"Category 4" includes shorthand typist, bookkeeper or
accounts clerk, law clerk;
"Category 5" includes site supervisor, draughtsman,
quantity surveyor assistant or calculator, land surveyor, clerk of
works, artist, accountant, audit clerk;
"Category 6" includes trade unions’ or associations’
officers with executive powers;
"chainman" means an employee wholly or mainly engaged
in assisting a surveyor, whose duties may include the setting of a
theodolite and the taking of readings therefrom, but does not
include plotting;
"collective agreement" shall have the same meaning as
assigned to it in the Act;
"customary holidays" means the days, other than Sundays,
declared to be public holidays under the National Holidays and
other Public Holidays Act;
"double time" means twice the time rate applicable to the
employee;
"draughtsman" means an employee who is wholly or
mainly engaged in making original sketches, drawing of designs
from rough sketches and in the preparation of complete working
drawings. A draughtsman’s duties may include carrying out
outdoor field survey work and preparing estimates under the
direction of an architect, civil engineer, electrical, marine or
mechanical engineer or naval architect possessing the necessary
qualifications to practise the profession in Malta;
"half day" means a period of half the number of daily
working hours;
"hours of work" shall have the same meaning as assigned to
it in the Act means;
"law clerk" means a non-graduate who is employed to
assist a lawyer, a notary public or a legal procurator in the
formulation of pleadings or minutes of deeds or Public Registry
notes, effects researches at the Public Registry, keeps
appointments, records Court adjournments and otherwise helps
his principal in the discharge of his work;
"learner" means a person other than an apprentice, who is
over the age of fourteen (14) years but under the age of eighteen
(18) years and who is receiving training in any trade to which
this order applies, and in respect of whom the employer holds a
permit issued in accordance with the Employment and Training Cap. 594.
Services Act;
"normal hours of work" means the hours of work per week
agreed to between the employer and the employee in accordance
with the provisions of article 3;
"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;
"quantity surveyor assistant or calculator" means an
employee who is wholly or mainly engaged in the preparation of
estimates of works under the direction of an architect and civil
engineer or any electrical, marine or mechanical engineer or
quantity surveyor possessing the necessary qualifications for the
exercise of his profession in Malta;
"rest period" shall have the same meaning as assigned to it
in the Organisation of Working Time Regulations;
"site supervisor" means an employee who assists an
architect, a civil engineer or any other engineer authorised to
practise in Malta in the supervision of work in progress on site;
"surveyor" means an employee engaged wholly or mainly
in the carrying out of surveys of lands and sites for building and
civil engineering purposes;
"taker off" means an employee who assists a quantity
surveyor assistant or calculator in his work and takes
measurements on site of work or from designs to scale, but does
not make any calculations.
"time and a half" means one and a half times the time rate
applicable to the employee;
"tracer or drawing office assistant" means an employee
who is wholly or mainly engaged in copying drawings and parts
made by a draughtsman by tracing them in ink or pencil upon
transparent paper or cloth, using T-squares, compasses, pens and
other drawing instruments;
"wages" means remuneration or earnings payable in money
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.
The minimum weekly rate shall be related to a week of
(a) not more than forty (40) hours of work, except in the
case of watchmen; or
(b) not more than sixty (60) hours of work spread over a
six (6) day week, in the case of watchmen.
Whole-time employees shall not be paid less than the
following weekly wages
CATEGORY 1
watchpersons
€344.16
other employees
€229.44
CATEGORY 2
On engagement
€230.02
CATEGORY 3
During the first, second and
€231.19
third year of employment in the
category
During the fourth and
€233.52
subsequent years of employment
in the category
CATEGORY 4
During the first, second and
€232.35
third year of employment in the
category
During the fourth and
€234.68
subsequent years of employment
in the category
CATEGORY 5
During the first, second and
€235.85
third year
of employment in the category
During the fourth and
€238.18
subsequent years
of employment in the category
CATEGORY 6
During the first year of
€240.51
employment in the category
During the second year of
€245.16
employment in the category
During the third and
€249.92
subsequent years of employment
in the category
(1) When the employee is required to wear a uniform in Uniform
the performance of the employee’s duties, such uniform shall be allowance.
provided by the employer free of charge.
(2) Personal protective equipment according to the Minimum S.L. 646.13.
Requirements for the use of Personal Protective Equipment at Work
Regulations shall also be provided by the employer free of charge.
All employees shall be entitled to a weekly rest period in Minimum
weekly rest.
accordance with the Organisation of Working Time Regulations.
In the case of whole-time employees overtime shall be
payable at the following rates
(a) on any one week, for
time and a half;
all time worked outside the normal
hours of work in excess of forty
(40)
hours,
excluding
any
overtime paid in terms of the
following provisions .......
(b) for all time worked on
double time;
the weekly day of rest and on the
customary holidays ...................
(c) employees in Category 6 shall be required to work
overtime without remuneration according to the exigencies of their
employment.
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 twenty (20) days sick leave on
full pay, less an amount equal to the sum set 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 set 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
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
calender year.
(3) A whole-time employee shall in every calendar year be
entitled to the equivalent in hours of a further period of twenty (20)
days sick leave on half pay, less an amount equal to half the sum Cap. 318.
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 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 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 terms of the Social Cap. 318.
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 under the Social Security Act.
(4) The employer may require a medical certificate by a
physician of his choice to certify that an employee is 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 Other forms of
all public holidays with full pay all, to all forms of leave in accordance leave.
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 under the Act.
The Professional Officers Wages Council Order and the
Professional Offices Wages Council Wage Regulation Order are
hereby repealed without prejudice to anything done or omitted to be
done thereunder.
€0.72