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Regulation Order, 2026

14 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

L.N. 139 of 2026

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Hire of Cars or Private Buses (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

regulations:-

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

(1) The title of this order is Hire of Cars or Private Buses Citation,

commencement

(Conditions of Work) Regulation Order, 2026.

and application.

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

from its date of publication in the Gazette.

(3) The provisions stipulated in the Schedule shall apply to all

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

of which consist wholly or mainly in the hiring of cars or private buses

or in driving instruction

Provided that mechanics and petrol station attendants shall

be excluded from the provisions of this order

Provided further that in the event that there is a collective

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

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

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

In this order, unless the context otherwise requires:-

Interpretation.

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

"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 by, or under the National Holidays

and other Public Holidays Act;

"day" means a period of twenty-four (24) consecutive hours

commencing from midnight of one day to midnight of the

following day;

"double time" means the actual time rate applicable to the

employee;

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

it in the Act;

"normal time" means one time the actual time rate

applicable to the employee;

"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;"

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 working week from Monday to

Friday;

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

assigned to it in the Act.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

(1) No person shall cause or permit any person employed

by him or subject to this order to drive any car hire or private hire bus

(a)

for any continuous period exceeding four (4) hours;

(b) for periods, none of which exceeds four (4) hours,

amounting in the aggregate to more than twelve (12) hours in

any period of twenty-four (24) hours commencing at midnight;

(c) unless the driver has had at least nine (9) hours rest in

any period of twenty-four (24) hours calculated from the

commencement of any period of driving, of which at least six (6)

hours shall be consecutive.

(2)

The maximum weekly hours of work shall be

(a)

forty-two (42) in the case of clerks or receptionists;

(b) forty-six (46) in the case of drivers, conductors or

attendants, and other employees;

(c)

sixty (60) in the case of watchpersons.

(3) The daily hours of work of the categories of employees in

sub-paragraph (2) shall be as follows, respectively

(a)

minimum four (4) hours, maximum eight (8) hours;

(b)

minimum five (5) hours, maximum ten (10) hours;

(c)

twelve (12) hours.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

The minimum weekly wage payable to whole-time Minimum

wages of whole-

employees shall be as follows

time employees.

(a)

clerk and receptionist.................................. €240.91;

(b)

drivers.......................................................... €263.86;

(c) conductors and attendants, and other employees

(other than watchpersons).............................................. €263.86

(d)

watchpersons

(i) those whose duties are mainly performed

indoors.................................................................. €344.16;

(ii) those whose duties are mainly performed

outdoors................................................................. €346.49.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

(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. 424.21.

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 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

Save as provided for in sub-paragraph (1) of paragraph 3, Minimum daily

all whole-time employees, other than watchpersons, shall be entitled rest.

for intervals for meals and rest of not less, in the aggregate, than one

(1) hour every day

Provided that

(a) subject to paragraph (b) of this proviso, the interval or

intervals shall be allowed after the first (1) hour 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 employee shall be entitled to

leave the place of work as soon as that half-hour commences.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — 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 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

Whole-time employees shall be entitled to the payment of

overtime as follows

(a) for all time worked in excess of the daily hours in any

one (1) day, other than on the day of rest or on customary

holidays............................................................. time-and-a half;

(b) for all time worked on the day of rest or on customary

holidays.................................................................. double time.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

The employee shall be entitled to annual leave according to

the Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

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

be entitled to the equivalent in hours of twelve (12) 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

hall 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

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

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 day of

employment

Provided that the said entitlement shall be calculated pro

rata in accordance with the date of employment in the relative

calendar.

(3) 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.

(4) The sick leave entitlement shall be calculated on the basis

provided for annual leave as specified in regulation 8(1) of the S.L. 452.87.

Organisation of Working Time Regulations.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

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

remuneration 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 thereon in any of the

following circumstances

(a)

without the employer’s express or implied consent;

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

that of waiting for work to be assigned to him;

(c)

solely due to the fact that he is resident thereon;

(d) during recognised breaks for meals and rest, and he is

not waiting for any work to be assigned to him.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — 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 any regulations made in accordance with the Act.

Malta Government Gazette — Legal Notice 2026 139 · Gazzetta tal-Gvern ta’ Malta Nru. 21,635 – 30.04.2026 — Regulation Order, 2026

The Hire of Cars or Private Buses Wages Council Order Repeal and

and the Hire of Cars or Private Buses Wages Council Wage Regulation saving.

Order are hereby repealed without prejudice to anything done or S.L. 452.57.

omitted to be done thereunder.

€0.54

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