PORT WORKERS REGULATIONS

SUBSIDIARY LEGISLATION 171.02

PORT WORKERS REGULATIONS

1st January, 1993

LEGAL NOTICE 90 of 1993, as amended by Legal Notices 141 of 1994,

79 of 1997, 187 and 215 of 1998, 90 of 2001, 318 of 2002, 70 of 2003, 239

and 390 of 2004, 274 of 2005, 145 of 2006, 226, 410 and 437 of 2007, and

223 of 2009; Act XV of 2009; and Legal Notices 67 of 2010, 254 of 2012,

and 135 of 2017, Act XXXIII of 2024 and Legal Notice 175 of 2026.

The title of these regulations is the Port Workers

Regulations.

Substituted by

L.N. 141 of 1994;

(Regulation 24)

Amended by

Fees payable to Foremen

L.N. 318 of 2002.

Substituted by

L.N. 410 of 2007;

L.N. 223 of 2009;

L.N. 254 of 2012.

1. Foremen of Port Workers engaged in the supervision of the handling of

cargo shall be paid the following fees

Description

Fee

Є

To f o r e m e n e n g a g e d i n t h e s u p e r v i s i o n o f t h e

handling of unitised cargo

Loading of unitised cargo

Locally manufactured goods, per ton .........................

0.29,9

Other unitised cargo, per ton ......................................

0.32,9

Unloading of unitised cargo, per ton ..........................

0.36,9

Loading and unloading of empty containers and

2.00,0

trailers, per unit .........................................................

To f o r e m e n e n g a g e d i n t h e s u p e r v i s i o n o f t h e

0.39,9

handling of general cargo, per ton ..............................

To f o r e m e n e n g a g e d i n t h e s u p e r v i s i o n o f t h e

handling of the following bulk cargo

Wheat, per ton ...........................................................

0.12,0

Barley, maize and corn, per ton ..................................

0.16,0

Soya and alpha, per ton ..............................................

0.35,0

Pellets and seeds, per ton ...........................................

0.35,0

Cement, per ton .........................................................

0.23,9

Other bulk cargo, per ton ...........................................

0.39,9

Handling of accompanied commercial vehicles with a

cargo capacity of more than 10 tons

Chassis cab trucks or trailers of 20ft, per unit .............

5.80,5

Articulated trucks or trailers of 40ft, per unit .............

11.57,5

Articulated trucks or trailers of over 40ft, per unit ......

17.03,0

Empty accompanied commercial vehicles, per unit ....

2.00,0

Shifting of cargo

Shifting of cargo, per ton ...........................................

0.15,0

Shifting and restowing of cargo, per ton .....................

0.30,0

2. An order for foremen to start work may be placed at any time of the day

Provided that

(a) for night shift, an order in writing shall

be placed by noon of the previous day;

and

(b) for Saturday or national or public holiday

work, an order in writing shall be placed

by 1700 hours on the previous evening,

while for Sunday work it shall be placed

by noon of the previous Saturday

Provided further that

(i) when work is required on a

Saturday which follows a national

or public holiday, the order shall be

placed by noon of the said national

or public holiday; and

(ii) when work is required on a

national or public holiday which

follows a Sunday or another

national or public holiday, the

order shall be placed by noon of

the Sunday or of the said other

national or public holiday, as the

case may be.

3. The cancellation of orders shall be governed by the following rules

(a) an order for night shift on a ship not yet

in port may be cancelled up to noon of

the previous day;

(b) an order for work on a Saturday, a

Sunday or a national or public holiday

may be cancelled up to the time limit

specified in paragraph 2 of this Schedule

for the making of the relative order;

(c) if an order for night shift or for Saturday,

Sunday or national or public holiday

work is cancelled after the time limits set

out in sub-paragraph (a) or (b), the

employer of port workers in question

shall pay a fee of €4.66 per foreman

allocated to a ship or operation together

with any night shift, Sunday or national

or public holiday allowances, where

applicable; and

(d) for the purposes of this paragraph an

order is cancelled when the employer

notifies the foreman of his definite

intention not to employ the foremen

ordered.

4. The following fees shall be paid in addition to the fees specified in

paragraph 1 of this Schedule to each foreman actually employed during

night shift or Sundays or national or public holidays

(a) On night shift from Monday to Saturday

€11.65 per

foreman

(b) On Sundays and national or public

€23.29 per

holidays .................................................

foreman.

In these regulations unless the context otherwise requires -

''accompanied commercial vehicle'' means a motor vehicle

accompanied by a person traveling to or from Malta and which is

capable of carrying cargo;

''accompanied motor vehicle'' means a motor vehicle

accompanied by a person traveling to or from Malta, including

private cars, caravans, tourist coaches, trailers on tow of

accompanied vehicles, and shall include any items carried on such

vehicles or towed by such vehicles;

''actuary'' means an independent person who holds appropriate

practical experience as an actuary and is a fellow of an institute of

actuaries, or a fellow of a faculty of actuaries, or holds actuarial

qualifications of a similar standing with an institute of repute

recognised for such purposes by the Malta Financial Services

Authority established under the Malta Financial Services Authority

Act;

' ' A u t h o r i t y ' ' m e a n s t h e A u t h o r i t y f o r Tr an sp o r t i n M a l t a

established under the Authority for Transport in Malta Act;

''auxiliary port workers'' means those persons eligible to work at

a port as an auxiliary port worker in accordance with the provisions

of regulation 15A;

''Board'' means the Port Workers Board established under article

10 of the Ordinance;

''Comm ittee'' m eans the commi ttee estab lished under the

provisions of regulation 32;

''contractor'' has the same meaning as that assigned to it by

article 2 of the Ports and Shipping Act;

''employer of port workers'' shall have the same meaning as that

assigned to it by the Ordinance;

''metric ton'' means a ton of one thousand kilograms;

''Minister'' means the Minister responsible for ports, and includes

any person acting under this authority;

''minor son'' and ''minor daughter'' mean any person who is the

eldest or elder son or daughter -

(a) of a registered port worker who dies while so

registered or who retires from port work on reaching

retirement age, and

(b) who is under eighteen years of age at the time of his or

her father's death or retirement, as the case may be;

''Ordinance'' means the Port Workers Ordinance;

''port worker'' has the same meaning as that assigned to "port

worker" by article 2 of the Ordinance; and "port work" shall be

construed according to "port work" in the said Ordinance;

''Port Workers Register'' means the register required to be kept by

the Authority under article 3(1) of the Ordinance;

''prospective port workers'' means those persons whose names

appear in the Prospective Port Workers Register in accordance with

regulation 9;

''registered port workers'' means those port workers who are

registered as port workers in accordance with article 3 of the

Ordinance;

''retiring age'' means the age prescribed in terms of article 14 of

the Ordinance;

''unitised cargo'' and ''unit load'' have the same meaning assigned

to them by the Ordinance;

''week'' for the purposes of regulation 44 means a period of seven

consecutive days.

Amended by

L.N. 141 of 1994.

(Regulations 25 and 26)

Substituted by

L.N. 226 of 2007;

Tariff of Fees Payable to Port Workers

L.N. 407 of 2007.

Amended by

L.N. 223 of 2009.;

L.N. 175 of 2026.

PART I

General Cargo

Port workers employed to handle the cargo specified in Column 1 of this Tariff shall

be paid the fees shown in Column 2, such fees being the total amount of the fees due

for the whole cargo operation

COLUMN 1

COLUMN 2

Nature of cargo

Total tariffs

payable by

employers of port

workers in respect

of whole operation

a. Cement - in big bags or on pallets per ton...................

€4.05

Cement - in 50 kg bags per ton....………………............

€7.41

b. Soda, Sulphur and Coal - in bags per ton....................

€4.20

c. Onions, carobs, oats, pollard, cotton seed, oil cake,

barley, bran, coke and malt - in bags per ton…….…......

€5.21

d. Potatoes per ton....……………………………….......

€3.95

e. Iron joists, beams, girders, rails, metal rods including

angle iron and sheets, ingots per ton................................

€4.37

f. Refrigerated Fruit in cases or cartons per ton.…….....

€5.60

Refrigerated other per ton…………….....…………......

€4.97

g. Fruit in cases or cartons (not refrigerated) per ton......

€3.71

h. Scrap metal (other than aluminium) loose per ton......

€4.86

i. Scrap aluminium loose per ton.………………….......

€8.63

j. Motor and aviation spirit in cans or drums, and

explosives including ammunition and pyrotechnics per

ton..............................................................…………….

€3.18

k. Chairs, loose or in bundles, each .………………......

€0.14

Willows, canes et similia, in bundles per

bundle...............................................................

€0.14

Empty drums of a capacity of 40 gallons and

over - each …..................................................

€0.14

l. Empty wine and beer casks - each ……………….......

€0.98

m. All other cargo other than cargo in bulk per ton….....

€3.68

Note

The fees shown above include any remuneration due for the carrying of cargo

necessary for the performance of the whole operation.

PART II

Amended by

L.N. 175 of 2026.

Unitised Cargo

Port workers allocated to handle cargo in unit loads shall be paid the fees shown in

Column 2 of this Tariff in respect of the work specified in Column 1 thereof

COLUMN 1

COLUMN 2

Nature of work

Tariffs

a. Unloading or loading of unitised cargo.…………......

€1.98 per ton

b. Shifting of unitised cargo for each operation………...

€0.84 per ton

c. Loading or unloading of empty containers………….

€17.94 per unit

d. Loading or unloading of empty trailers.………….....

€1.67 per unit

e. Loading or unloading of empty containers on trailers

€19.12 per unit

f. Road transport vehicles and bowser (excluding ship’s

€8.38 per unit

equipment used to tow, push, carry or move unitised

addition to the fees

cargo) rolled on or off a RORO ship to load or unload

in respect of cargo

cargo................................................................................

carried

g. Folding or collapsible containers loaded or unloaded

€1.84 per ton of

interlocked into one another............................................

1000 Kg

h. Loading and unloading of accompanied commercial

vehicles with a cargo capacity of over 10 tons

§

(i)

Chassis cab trucks or trailers of 20ft,

€37.44

per unit...............................................................

§

(ii)

Articulated trucks or trailers of 40ft,

€83.52

per unit...............................................................

§

(iii)

Articulated trucks or trailers of over

€106.56

40ft, per unit.......................................................

§

(iv)

Empty accompanied commercial

€17.94

vehicles, per unit................................................

Note

Port workers shall be paid the tariffs in the table above if they have provided

port work during the loading and unloading of the specified cargo.

PART III

Substituted by

L.N. 175 of 2026.

Bulk Cargo

Port workers employed to handle the cargo specified in Column 1 shall be entitled

to payment of the total tariffs indicated in Column 2 (where applicable)

COLUMN 1

COLUMN 2

Nature of cargo

Total tariffs

payable by

employers of port

workers in respect

of whole operation

Per ton

A. Bulk cargo loaded or unloaded by suction plant feeding in

hold ex chutes at a silo

a. Wheat.................................................................................

€0.53

b. Oats and barley..................................................................

€0.73

c. Soya beans, oil cake, pollard and beans,,..........................

€1.51

d. Cement in bulk..................................................................

€2.12

e. Other bulk cargo................................................................

€0.53

B. Bulk cargo not loaded or unloaded by suction plant

a. Wheat.................................................................................

€1.01

b. Carobs, oats, cotton seed and barley...................................

€1.84

c. Other grains........................................................................

€1.04

d. Salt, sand and grit...............................................................

€4.16

e. Marble chippings and aggregates.......................................

€2.12

f. Alfalfa, grass pellets, soya bean pellets and sunflower

meal.......................................................................................

€5.98

g. Other bulk cargo................................................................

€1.11

Note

1. The above fees include any remuneration due for the carrying of cargo

necessary for the performance of the whole operation.

2. Bagging and tying of damaged bulk wheat which cannot be unloaded by

suction shall be paid at double the tariff for bulk wheat not unloaded by suction and the

normal fees applicable to bagged cargo shall be paid for its unloading.

3. The tariff for the unloading of wheat in bulk not unloaded by suction from

deep tanks shall be seventy-five percent (75%) in addition to the normal tariff specified

in this Part.

4. The unloading of wheat in bulk between pipes not unloaded by suction in

the deep tanks shall be charged at double the normal tariff shown in this Part and the

quantity of wheat so discharged shall be established by agreement between the master

(or the chief officer) and the Authority.

5. Where bulk cargo is not loaded or unloaded at a silo, port workers

employed to handle from ship’s tackle to stack on quay or in shed or vice versa the cargo

in bulk specified in Column 1 of the table below shall be paid the tariffs indicated in

Column 2 and 3 thereof (where applicable)

COLUMN 1

COLUMN 2

COLUMN 3

Nature of Cargo

Slinging/unslinging

Handling on

under ship’s tackle, on

quay

quay or on lighters,

including stowing/

stacking as necessary

Tariff per ton

Tariff per ton

a. Wheat.........………........….…

€0.27

€1.47

b. Carobs, oats, cotton seed and

barley...........................................

€0.43

€2.55

c. Other grains.……………........

€0.27

€1.57

d. Deffun, marble chippings...….

€0.40

€2.22

e. Other bulk cargo.……….……

€0.27

€1.64

Note

The above tariffs include any remuneration due for any stowage which may be

necessary.

6. Port workers employed in the handling of bulk cargo to perform the

operations specified in Column 1 of the table below shall be paid entitled to the tariffs

indicated in Column 2 thereof

COLUMN 1

COLUMN 2

Nature of work

Rate per ton

a. Bagging and tying..............................................................

€0.58

b. Suction plant feed on deck or lighter.................................

€0.58

c. Bucket conveyor feeding: Grain other than wheat............

€0.91

d. Bucket conveyor feeding: Wheat......................................

€0.53

Note

The tariffs indicated for item (a) shall be in addition to the tariffs indicated in note 5

and the tariffs indicated for items (b) and (c) shall be entitled to the tariffs indicated in

Column 3 of note 5.

PART IV

Substituted by

L.N. 175 of 2026.

Shed of Stack to Transport

Port workers employed to handle from shed or stack on open quay to transport, the

cargo specified in Column 1 shall be paid the fees indicated in Column 2 or 3 thereof in

accordance with the type of operation performed

COLUMN 1

COLUMN 2

COLUMN 3

Nature of Cargo

Carrying from shed

Receiving at

or stack on open

tail board of

quay, loading and

truck and

stacking on truck

stacking on

trucks

Frozen meat per ton.......................................

€1.71

-

Cereals including bran, pollard, and canary

seed and salt, in bags per ton.........................

€1.34

€ 0.71

Oil cake in bags per ton.................................

€2.12

€ 0.71

Sugar in bags per ton.....................................

€1.34

€ 0.73

Timber per ton...............................................

€1.47

-

L.P. Gas Cylinders per cylinder.....................

€0.17

-

Seed potatoes per bag....................................

€0.13

-

Bitumen and Asphalt in drums per ton..........

€0.98

-

Any substances in bags or in drums for use in

the oil industry...............................................

€1.11

€0.73

Note

The tariffs indicated in Column 2 in respect of the item "Oil cake in bags" shall be

levied irrespective of the average weight of, or the weight, of individual bags and

includes any remuneration due for the handling of bags for weighing purposes.

Part V

Substituted by

L.N. 175 of 2026.

Miscellaneous

1. Any port worker employed as a heavy plant driver or signalman for any

one operation shall be paid a tariff of fifteen euro (€15.00) per hour, subject to a

minimum period of eight (8) hours.

2. Any port worker employed as a winchman shall be paid hundred twenty

euro (€120) for four (4) hours shift due to health and safety requirements

Provided that where a worker is ordered to work as a winchman,

heavy plant driver or signalman and no work is assigned to him before the lapse

of the first four (4) hours from the commencement of the ordered shift, such

worker shall be entitled to payment equivalent to eight (8) hours at the applicable

rate.

3. Port workers employed in enclosed port areas, with regard to the handling

of unitised cargo to perform the following port work, including the

(a)

packing and unpacking of containers;

(b)

loading and unloading of trailers;

(c)

dismantling of other unit loads on quay, in warehouse or stacking ground;

(d)

sorting of cargo so handled according to the main bill of lading marks and

the stacking of such cargo on quay or in a warehouse; and

(e)

consolidation of unit loads for loading on board a ship;

shall be paid a tariff of fifteen euro (€15.00) per hour, subject to a minimum

period of work of eight (8) hours.

4. All the amounts established under Schedule II shall be subject to an increase

of five per cent (5%) every three (3) years.

For the purposes of article 20 of the Ordinance, it is hereby

prescribed that the Ordinance shall not apply to the handling of -

(a) cargo transported between the Islands of Malta and

Gozo and Comino;

(b) coke or coal in bulk other than bagged coke or coal;

(c) oils or wines in bulk;

(d) cattle, horses or other animals;

(e) fish from fishing vessels;

(f)

bitumen in bulk;

(g) accompanied motor vehicles;

(h) accompanied commercial vehicles of a cargo capacity

of 10 tons or less.

Amended by

L.N. 226 of 2007.

(Regulation 27)

Methods of calculating the Tariff of Fees payable to Port Workers

1. For the purposes of this order "grain" includes any corn, rice,

paddy, pulse (i.e. peas, beans and other seeds of leguminous plants),

seeds, nuts or nut kernels, and any mixture or combination or offals

thereof.

2.1 Where a fee shown in the Third Schedule is payable per ton,

it shall be calculated per ton weight of 1,000 kilos or ton

measurement of 40 cubic feet, whichever is the greater.

2.2 The provisions of paragraph 2.1 above shall not apply in

respect of the cargo specified in Column 1 of the Table immediately

following in paragraph 3 below, in respect of which cargo the fees

shown in the Third Schedule shall be calculated as specified in

Column 2 of the said Table.

3. The Table mentioned in paragraph 2.2 above is the following

TABLE

Column 1

Column 2

3.1.1 Flour, grain, sugar, carozo nuts, briar wood,

on a weight basis

onions, and coal and coke, in bags

3.1.2 bulk cargo

on a weight basis

3.1.3 frozen meat

on a weight basis

3.1.4 wine in casks

on a weight basis

3.1.5 earthenware pipes, bends and fittings

on a weight basis

3.1.6. loose scrap metals

on a weight basis

3.1.7 scrap aluminium loose, packed or bundled

on a weight basis

3.2 Groundnuts in bags ................................................

at three times the

weight

3.3 Empty drums of a capacity of 40 gallons and over

per drum

3.4 Chairs in bundles or loose

per chair

3.5 Willows, canes et similia in bundles .......................

per bundle

3.6 Bagged cargo wet at time of handling

at double rate

3.7 Corpses .................................................................

at double general

cargo rate

3.10 Potatoes in bags, chests, boxes or similar packing .. at one and a half times

the dead weight

tonnage of 1,000 kilos

per ton

3.11 Folding or collapsible containers loaded or

unloaded interlocked into one another .................................

on a weight basis.

4. The measurement tonnage of drums shall be calculated by Drums.

multiplying the square of the diameter of the base of the drum by the

height of the drum.

5. Scrap metals in drums or bales, other than aluminium in bales Scrap metal.

or bundles, shall be considered as general cargo for the purposes of

the Third Schedule.

6.1 The tariff for loading broken glass delivered loose on quay Glass - loose

broken.

shall be double the normal tariff for other bulk cargo.

6.2 The tariff for loading glass delivered in open drums shall be

the normal tariff for other bulk cargo.

7.1 The fees payable for the handling of salt shall be calculated Difference in

on the weight shown on the bill of lading, but if the actual weight tonnage.

landed exceeds the weight shown on the bill of lading, the fees shall

be calculated on the actual tonnage landed.

7.2 The fees in respect of wheat in bulk shall be payable on the

tonnage shown on the bill of lading; any difference between that

tonnage and the tonnage actually landed shall be paid by the

employer, or if more than one by the employers in proportion to their

allocation, and if wheat is wholly or partly unloaded by shoulder,

such difference shall be payable at shoulder rates.

8.1 All ammunition shall, for the purposes of establishing the Ammunition.

fees payable in respect thereof, be treated as explosives unless the

employer -

8.1.1 informs the Authority, before the operation starts, that the

cargo in question is free from explosives; and

8.1.2 supports that declaration by documents.

9. Where any cargo is short-shipped or lost in transit and duly Cargo short

vouched for in the ship’s documents, no payment shall be due to port landed.

workers; other cargo short-landed shall be paid for as per ship’s bill

of lading, but shall not be charged for again by port workers if

eventually handled.

10. For the purposes of calculating the fees in respect of unitised Applicability of

this Schedule.

cargo, the provisions of this Schedule of shall apply

Provided that the tonnage of unitised cargo on which fees are

calculated shall be the actual tonnage of the cargo loaded or unloaded

or shifted excluding the equipment used to form unit loads or to tow,

push, carry, or otherwise move such cargo

Provided further that in the case of trailers and containers,

fees shall be calculated according to the following fixed tonnage

Containers

20ft

23 tons

Containers

40ft

45 tons

Trailers

20ft

25 tons

Trailers

40ft

45 tons

Trailers Supercube

Over 40ft

58 tons

Refrigerated Containers/Trailers containing frozen meat, frozen

fish and frozen by-products of such commodities

Containers/Trailers

20ft

18 tons

Containers/Trailers

40ft

26 tons

Containers/Trailers

Over 40ft

45 tons

When the actual weight and measurement of cargo in respect of

each bill of lading relative to unitized cargo are not recorded in the

ship’s manifests, or bills of lading, the fees specified in the tariff

shall, nothwithstanding the provisions of paragraph 2 hereof, be

calculated on the basis of the overall measurement, subject to the

provisions of the paragraph above.

11.1 Employers of port workers shall pay to the Authority the Charges payable

by employers of

following

port workers.

11.1.1 the fees specified in the Second Schedule; and

11.1.2 the contribution specified in the Seventh Schedule.

If more than one employer employs port workers in respect of

a specific cargo operation the fees due shall be paid by the employers

in proportion to their allocation of cargo.

The Authority shall have overall control of all port work,

including the supply of port workers for port work.

Amended by

L.N. 226 of 2007.

(Regulation 28)

Method of payment to Port Workers

The payment of a cost of living increase or bonus or of any other increase in the

wages of port workers together with the relative fees due to them under the Third

Schedule shall be made in the following manner

(a) a cost of living increase or bonus or any other increase in the wages

shall be paid to port workers on the 15th day of each month;

(b) the earnings due to port workers for the previous month shall be

distributed equally, after all requisite deductions have been made,

amongst port workers, on the 15th day and the last day of the month

Provided that if such 15th day or such last day of the month happens to be a

Saturday, Sunday or national or public holiday, payment shall be made on the

preceding or subsequent day nearest to the 15th day or the last day of the month.

Port workers shall not be required to handle manually the

goods specified hereunder

(a) cement the temperature of which at any time exceeds

51.7°C;

(b) caustic soda in bags of any type in loose form;

(c) any package the weight of which exceeds 55

kilograms.

Amended by

L.N. 318 of 2002;

(Regulation 29)

L.N. 274 of 2005;

L.N. 226 of 2007;

L.N. 410 of 2007;

XV. 2009.49;

L.N. 175 of 2026.

Hours of Port, Leave, National and Public Holidays and Allowances

1. The working hours for the provision of port work in ports shall be 24 hours,

seven days a week.

2. Port work shall be organized as follows

(a) On a day basis: starting from 0800 hours to 1700 hours including a one

hour break between 1200 hours and 1300 hours; or

(b) On an eight hour shift basis including a half hour break; the hours of

work when resorting to shift work shall be as follows

Day shift from 0800 hours to 1600 hours

Evening shift from 1600 hours to 0000 hours

Night shift from 0000 hours to 0800 hours.

3. To each port worker actually employed during night shift or on Sundays or

national or public holidays, there shall be paid in addition to the fees specified in the

Second Schedule, the following fees

In respect of work performed

(a)

On night shift from Monday to Saturday:.................. €20.00 per worker

(b)

On Sundays and national or public holidays:............. €50.00 per worker.

4. The conditions of work stipulated in paragraphs 2 and 3 of this Schedule

may be varied through the Service Level Agreement that every employer of port

worker or terminal operator and the representatives of port workers shall enter into

in accordance with the provisions of regulation 21A of these regulations

Provided that any such arrangements shall at all times be compliant with

applicable law.

5. It shall not be obligatory for port workers to work on Good Friday, on the 1st

May, on the 15th August, in the afternoon of the 24 th December (Christmas Eve), on

Christmas Day, after 5.00 p.m. on the 31st December (New Year’s Eve) and on New

Year’s Day

Provided that on the above days the Authority may authorise any port work,

in circumstances which constitute an emergency in respect of any ship or cargo, or

for any port work which the Authority may authorise after consultation with the

employers and the port workers’ representatives

Provided further that following a request by an employer to perform port

work on Good Friday, the 1st May, on the 15th August, after 5.00 p.m. on the 31st

December (New Year’s Eve) and on New Year’s Day, the Authority shall offer such

work to port workers on a voluntary basis.

6. For the purposes of this Schedule, "national holiday" and "public holiday"

mean any day which is to be kept as a national or a public holiday in terms of, or by

virtue of any order made under, the National Holidays and other Public Holidays

Act.

7. (1) Port workers may be allowed leave of absence by the Authority for a

period not exceeding thirty days in any one year and by the Authority for such

further period as he may consider justified.

(2) The Authority may also allow port workers emigration leave not exceeding

thirty months in any five year period.

(1) The Authority may, in its discretion and subject to the

provisions of the Ordinance, issue a licence to any person to act as

foreman of port workers.

(2) The Authority shall not issue a licence under this

regulation unless it is satisfied that the person applying for a

licence -

(a) is over the age of twenty-five years;

(b) has had adequate experience of cargo handling

operations;

(c) is a fit and proper person to be licensed;

(d) is below the statutory pension age; and in the case of a

person who did not hold a licence on the 30th

December 2007 is in possession of a valid certificate

of competence in the provision of foremen duties

issued by a training institution approved by the

Authority.

(3) The fee payable by a foreman in respect of a licence to act

as foreman shall be eleven euros and sixty-five cents (11.65) per

annum payable on the issue and on each renewal of the licence.

(4) The complement of foremen shall be as established from

time to time by the Authority taking into consideration the

requirements of employers of port workers.

(5) In this regulation ''statutory pension age'' means that age at

which a person becomes eligible to receive a mandatory social

security retirement pension in terms of the Social Security Act.

Amended by

L.N. 141 of 1994;

(Regulation 30)

L.N. 318 of 2002;

L.N. 145 of 2006;

L.N. 226 of 2007;

L.N. 410 of 2007;

XV. 2009.49;

L.N. 175 of 2026.

Organisation, Ordering, Allocation and Suspension/Cancellation of Labour

1. All port workers appearing on the Port Workers Register shall form one

homogeneous section and shall, in conformity with the provisions of article 2 of the

Ordinance, perform port work consisting of or involving

(a) the loading, unloading and shifting of cargoes from ship to shore,

storage facilities and open stack and vice versa as described in these

regulations and as prescribed in regulation 21;

(b) the handling of unitized cargo on a ship, on a quay and in a warehouse,

including the lashing, unlashing, slinging, unslinging, hooking and

unhooking, of cargo in unit loads from ship to quay or stacking ground

or warehouse and vice-versa, provided that port work on shore shall be

performed only when it constitutes a continuous operation while cargo

is in the custody of the Authority or the employer of port worker and, or

terminal operator, as the case may be;

(c) operations under ship’s tackle including slinging and unslinging,

stowing and stacking on lighters, trailers or other equipment or on quay

at ship’s side; operations from lighters to quay, from lighters, or quay to

stack in warehouse or on quay or stacking ground or on truck or vice-

versa, including the identification and sorting of goods to bill of lading

shipping marks, the stacking or stowing to such marks as directed by the

employer and the provision of drivers for mechanical handling

equipment other than for lift trucks and cranes;

(d) shed work when they are employed for this work by the Authority or by

the employer of port worker as the case may be, provided that they may

be required to work on a quay and/or in a warehouse with complete

flexibility and without being tied down to specific jobs;

(e) bagging and tying;

(f)

the duties applicable to winchman, driver, heavy plant driver, and

signalman.

2. Orders for labour are to be made to the Authority in all cases.

3. The order in which port workers shall be supplied to employers of port

workers and, or terminal operators shall, save as otherwise provided, be the working

priority of the ship as submitted by the employers of port workers and, or terminal

4. Subject to the provisions of this paragraph, an order for port workers to start

work may be placed at any time of the day

Provided that

(1) For night shift, an order in writing shall be placed by noon of the

previous day;

(2) For Saturday or national or public holiday work, an order in writing

shall be placed by 1700 hours on the previous evening, while for

Sunday work it shall be placed by noon of the previous Saturday

Provided further that

(i)

when work is required on a Saturday which follows a national or

public holiday, the order shall be placed by noon of the said

national or public holiday; and

(ii) when work is required on a national or public holiday which

follows a Sunday or another national or public holiday, the order

shall be placed by noon of the Sunday or of the said other national

or public holiday, as the case may be.

5. (1) When placing a request for labour, the owner, or master or agent of a

ship or any other employer of port workers, shall provide the Authority with the

following information

(a) the approximate time when port work is due to start;

(b) the volume and nature of cargo which is to be handled;

(c) whether he opts to work on a day basis or on a twenty-four or fourteen

hour shift basis; or whether he opts to work on the basis of two

consecutive eight hour shift or on a single eight or seven hour shift;

together with any other further information which the Authority may request.

(2) The information requested in sub-paragraph (1) must reach the Authority not

less than twenty-four hours prior to the arrival of ship in port

Provided that in the case of voyages which would take less than fourteen

hours in order that the ship reaches Malta, this information shall reach the Authority

as early as possible but in no case later than four hours before the ship enters

harbour.

6. (1) In response to orders placed by the employers, the Authority shall

supply port workers subject to the provisions of this Schedule

Provided that if there is danger that a ship may leave with incoming mail or

without loading outgoing mail, the Authority may make all reasonable arrangements

for the unloading or loading of such mail, and need not supply port workers

according to the roster.

(2) The number of port workers inclusive of drivers, winchmen and/or

signalmen, where applicable, to be allocated for an operation and the approximate

time necessary to complete the operation, shall be determined jointly by two

representatives of the Authority and a representative of the port workers. The

decision reached shall be final

Provided that the employer of port workers may, while the operation is in

progress, request a revision of the decision

Provided further that if a dispute arises, the matter shall be brought for the

consideration of the Port Workers Board in accordance with the provisions of the

Ordinance, without the stopping of port work, unless in case of evident danger.

7. The Authority shall supply port workers in the order in which they appear on

the roster.

All port workers, engaged on a shift basis, shall be allocated to a particular

ship or operation at the same time and in the order in which they are registered on

the roster.

Port workers who are requested to perform part of a shift shall be considered

as if they have worked a whole shift.

8. When port workers have been allocated to a ship or to an operation, no

increase or decrease in the number of port workers shall be allowed, save as

provided for in this Schedule.

9. When labour is supplied to a ship or to an operation

(a) port workers allocated to port work on a day basis shall be re-registered

on the roster in the order in which work at a particular hold of a ship is

completed;

(b) port workers allocated to port work on a shift basis shall be re-

registered on the roster as soon as the ship completes work in the same

order in which port workers were allocated to the particular ship

Provided that if more than one ship, hold or shift completes at the same

time, then the men concerned shall be re-registered in the same order as that in

which they were allocated to the work just completed

Provided further that port workers, allocated to shift work, but who did not

attend to port work at any time, shall be re-registered on the roster before those port

workers who have actually worked on that particular shift.

10. (1) Port workers due for work shall remain available near the offices of the

Authority until they are allocated work or released.

(2) If a port worker fails to comply with the requirements of sub-paragraph (1)

or fails to report for work with no valid reason to justify his or her absence, the

Authority may make a proportionate deduction from the earnings of that particular

port worker and shall report the matter to the Port Workers Board for any action the

Board may deem proper to take.

(3) A master, agent or owner of a ship or employer of port workers, or importer

who informs the Authority that he intends to place an order for port workers on that

same day shall, if an order is not placed, pay the sum of €4.66 per man per hour or

part thereof in respect of such port workers retained after 1100 hours to be allocated

in accordance with that order.

11. When the master of a ship or his agent or an employer of port workers fails

to place an order for labour in the order of the working priority of the ship, that ship

shall forthwith forfeit her working priority until the following morning.

12. The cancellation of orders shall be governed by the following rules

(a) an order for night shift on a ship not yet in port may be cancelled up to

noon of the previous day.

(b) an order for work on a Saturday, a Sunday or a national or public

holiday may be cancelled up to the time limit specified in paragraph

4(2) of this Schedule for the making of the relative order;

(c) if an order for night shift or for Saturday, Sunday or national or public

holiday work is cancelled after the time limits set out in sub-paragraph

(a) or (b), the employer of port workers in question shall pay a fee of

€85.00 per worker allocated to a ship or operation together with any

night shift, Sunday or national or public holiday allowances, where

applicable, which amounts shall be distributed equally amongst port

workers, and

(d) for the purposes of this paragraph an order is cancelled when the

employer notifies the Authority of his definite intention not to employ

the port workers ordered.

12A. Where a port worker is engaged for work and due to circumstances not

attributable to the worker, no work is available or work is interrupted, such worker shall

be entitled to an idle time payment equivalent to the applicable hourly rate for the

duration during which no work is performed.

13. (1) No port worker shall absent himself or herself from work without

justifying his or her absence to the satisfaction of the Authority.

(2) In the case of illness, port workers shall produce a medical certificate issued

by a medical officer appointed by the Port Workers Board.

(3) No medical certificates produced by a port worker in connection with

absence due to illness or with any other matter connected with port work shall be

accepted as being valid for the purposes of this order unless such certificate -

(a) is issued by a medical officer appointed for such purposes by the Port

Workers Board;

(b) clearly specifies the duration of time in respect of which it is made; and

(c) is produced to the Authority on the same date on which it is signed or

early on the following day.

(4) If a port worker fails to comply with the requirements of sub-paragraphs (1)

and (2), the Authority shall report the matter to the Port Workers Board for any

action the Board may deem proper to take.

14. The number of port workers allocated port work on Deep Water Quays shall

be deemed to include at least one driver for mechanical handling equipment other

than fork lift trucks and cranes.

15. Leakages on board ship shall be gathered and packed or bagged by port

workers.

(1) The foremen and the employers of port workers shall

enter into a Service Level Agreement which may, amongst other

matters include, the following

(a) a description of the services to be provided, including

the resources to be made available and the service

performance levels to be met by the parties to the

agreement;

(b) the services that are required to be provided by

foremen;

(c) the mechanisms for dispute resolution in case of

disagreement between the parties;

(d) the hours of work, including shift systems allocation;

(e) the ordering procedure;

(f)

the disciplinary procedures that may be taken

including, but not limited to, the non-attainment of

agreed minimum service performance

Provided that disciplinary measures provided for in a

Service Level Agreement shall be limited in scope to

minor offences involving breaches of administrative

measures

Provided further that notwithstanding the other

provisions of this regulation, disciplinary measures

that may lead to the suspension or cancellation of a

licence shall be regulated by the Authority in terms of

the Ordinance.

(2) The employers of port workers shall provide appropriate

insurance cover to hold the foremen harmless for damages to

property and to third parties provided that such damages are not a

result of gross negligence on the part of the foremen.

Amended by

L.N. 141 of 1994.

(Regulations 25 and 38)

Substituted by

L.N. 226 of 2007.

Amended by

L.N. 410 of 2007;

L.N. 223 of 2009.

Pension and Contingency Fund Contribution

1. An employer of port workers shall pay to the Authority a contribution of 63c

per ton of cargo loaded or unloaded during a whole operation.

2. For the purpose of calculating the contribution specified in this Schedule the

provisions of the Third Schedule to these regulations shall apply.

3. The tonnage of unitized cargo on which fees are calculated shall be the

actual tonnage of the cargo loaded or unloaded excluding the equipment used to form

unit loads or to tow, push, carry or otherwise move such cargo.

4. The provisions of this Schedule shall not apply to

(i)

Locally manufactured goods, or locally produced agricultural goods,

loaded on a ship for export.

(ii)

Transshipment cargo.

(iii)

Cargo unloaded and eventually re-loaded on a ship in the process of

shifting cargo on, from, or to that ship.

(iv)

Empty containers.

(v)

Empty trailers.

(vi)

Road transport vehicles and bowsers rolled on or off a RORO ship to

load or unload cargo.

(vii) Bulk Cereals.

(viii) Accompanied commercial vehicles of a cargo capacity of more than 10

tons.

(1) Port workers shall work with the tools and equipment

provided by their employer.

(2) Port workers who fail to comply with the requirements of

sub-regulation (1) shall be reported by the Authority to the Port

Workers Board for any action the Board may deem proper to take.

Amended by

L.N. 226 of 2007.

(Regulation 39)

Substituted by

L.N. 410 of 2007.

Pensions and Gratuities

1. The full pension rate shall be €1351.04 per man per annum.

2. Port workers who, during the five year period ending on the fourth day of

April, 1973, have reached the age of 63 years or more and who have not been

reporting for work, or who resigned but were not replaced by a son, or brother, shall,

in respect of the period of absence shown in Column 1 of the following table, receive

a pension at the rates shown in Column 2 thereof

Column 1

Column 2

Period of Absence

Pension Rate

(a)

Between 4 and 5 years

€270.21 per man per annum

(b)

Between 3 and 4 years

€540.41 per man per annum

(c)

Between 2 and 3 years

€810.62 per man per annum

(d)

Between 1 and 2 years

€1,080.83 per man per annum

(e)

Less than 1 year

€1,351.04 per man per annum.

3. For the purpose of paragraph 2 of this Schedule, the period of absence shall

be calculated as follows

(a) "year" shall be taken to mean the period between the fourth day of April

of any one year and the third day of April of the next following year;

and

(b) the period of absence in respect of a port worker shall be deemed to be

the period between his last attendance for port work and the fourth day

of April, 1973

Provided that -

(i)

where the period between the last and previous attendances is one

year or more, such period shall be calculated as being a period of

absence; and

(ii) where during the five year period ending on the fourth day of

April, 1973, periods of absences have not been continuous, the

period of absence between one attendance and another shall be

taken into account if such period of absence is one year or more.

4. When a port worker who is on certified sick leave receives full earnings as a

member of his regular gang, his absence on such certified sick leave shall not count

as being a period of absence.

5. Port workers who, before the fourth day of April, 1973, -

(a) were 63 years of age or over;

(b) have not registered for work or who, having resigned, were not replaced

by a son or brother; and

(c) have been absent from work for a period of time in excess of five

continuous years from the fourth day of April 1973,

shall be paid a once for all gratuity of €642.91, notwithstanding that their claim for a

gratuity had been approved before the ninth day of April, 1973.

6. (1) Port workers who, during the five year period ended on the fourth day of

April, 1973, had reached the age of 61 years or more and who had resigned during

the five year period ended on such date and were replaced by a son, or brother, shall,

in respect of the periods of absence shown in Column 1 of the following table,

receive a pension at the rates shown in Column 2 thereof

Column 1

Column 2

Period of Absence

Pension Rate

(a)

Between 4 and 5 years

€270.21 per man per annum

(b)

Between 3 and 4 years

€540.41 per man per annum

(c)

Between 2 and 3 years

€810.62 per man per annum

(d)

Between 1 and 2 years

€1,080.83 per man per annum

(e)

Less than 1 year

€1,351.04 per man per annum.

(2) Port workers who during the five year period ended on the fourth day of

April, 1973, had resigned when they were over forty-five but under sixty-one years

of age and who were replaced by a son or brother shall receive such part of the full

pension as the Minister responsible for ports may, on the advice of the Committee

appointed under regulation 32, from time to time, determine after taking into account

the period of absence of such port worker

Provided that such port workers shall be required to prove to the satisfaction

of such Committee that they had resigned on medical grounds.

7. Notwithstanding the provisions of this Schedule, a port worker who, having

been registered in the Bulk Cargo Workers Section only, qualifies for a pension in

terms of these regulations and who, during the twelve months immediately preceding

his retirement, earned his total income shown in Column 1 of the following table

shall be paid a pension at the rate as shown in Column 2 thereof

Column 1

Column 2

Income

Pension Rate

Between €465.87 and €931.75 .........................

€878.17

Earned less than €465.87 or no income at all ....

€603.31

(1)

There shall be established a Prospective Port Workers

Register.

(2) The Board shall register on the Prospective Port Workers

Register any person who requests to be so registered and who

satisfies the requirements of these regulations with regard to his

eligibility to be so registered.

(3) The Authority shall also maintain a register of those

persons who are eligible to become prospective port workers in

terms of these regulations. Persons registered on the said register

have to renew their registration, in person, during January of every

year in such order or manner as the Authority may direct.

There shall be established a Port Workers Register in

which all port workers shall be registered in accordance with article

3 of the Ordinance. The register shall also contain a section clearly

indicating the names of persons, other than prospective port

workers, eligible to become port workers in terms of these

regulations..

(1) Vacancies in the complement of port workers

established under regulation 12(2) occurring through the death or

retirement of a port worker shall be filled by the recruitment of port

workers from the Prospective Port Workers Register and, subject to

the provisions of regulation 15(1)(b), if no prospective port

workers are available in the said register, existing vacancies shall

then be filled in accordance with regulation 15(2).

(2) The vacancies which shall be filled shall be those

determined from time to time by the Authority in order to maintain

at all times the full complement of port workers in accordance with

the provisions of these regulations.

(3) No person shall be eligible to be registered as a port worker

unless he or she -

(a) is over the age of eighteen and under the age of forty-

five years;

(b) is examined by a medical board appointed by the

Minister and is found to be physically fit for port

work;

(c) satisfies the Board that he or she is in possession of the

qualifications, skills and abilities, as may be

determined by the Authority from time to time, to be

able to carry out the duties of a port worker;

(d) satisfies the Board that he or she is a fit and proper

person to be a port worker; and

(e) has never been convicted, or has never been declared

guilty, of theft or fraud or a criminal offence which, in

the opinion of the Authority, is deemed to be

detrimental to the provision of port work.

(1) All port workers appearing on the Port Workers

Register shall form one homogeneous section and shall perform

such duties consisting of all work from hold to truck, stacking

ground or warehouse or vice-versa.

(2) The complement of port workers shall, for the period

starting from 31st May 2007, be that as established by the Port

Workers Board by notice published in the Gazette. The complement

of port workers as published in the Gazette shall remain fixed until

the Board carries out a review after two years from last publication

in the Gazette. Where, following the review, there is a change in the

required number of port workers, the new complement shall be

published in the Gazette

Provided that where at any time in the intervening period of

two years between one revision and another it results that the

number of port workers required by employers of port workers is

insufficient, the Board shall review the complement to ensure that

the number is adequate to meet the requirements of all employers

of port workers.

(3) In its determination of the required complement, the Board

s h a l l t a k e i n t o c o n s i d e r a t i o n t h e v ol u m e o f p o r t w o r k , t h e

availability of cargo handling equipment and the introduction of

new port operations systems.

(1) Eligibility to fill vacancies from the Prospective Port

Workers Register shall be limited to the son or daughter, or to the

elder from among the sons or daughters, of a port worker who was

registered as such as on the 17th September, 1990, and who retires

or who is medically boarded out under the provisions of these

regulations or who dies

Provided that such son or daughter satisfies the Board

that -

(a) he or she is a person eligible to fill a vacancy as

provided for in regulation 11(3);

(b) if he or she is an adopted son or daughter, was not over

the age of six years when adopted;

(c) he or she has applied to the Authority for port work

prior to the date on which the vacancy occurs and has

renewed in person such registration at the Authority

during the month of January of each successive year

Provided further that in the absence of a son or daughter of

a retired or deceased port worker who was a port worker in the

general cargo stevedores or port labourers section as on the 10th

June, 1975, eligibility to fill a vacancy shall be limited to the

brother or sister or to the elder from among the brothers or sisters

of such port worker, provided such brother or sister satisfies the

Board that he or she is a person eligible to fill a vacancy as

provided for in regulation 11(3) and in paragraph (c).

(2) Where a vacancy occurs among port workers, the Authority

shall enter in the Prospective Port Workers Register established

under regulation 9, and which it shall keep for the purpose, the

name of the person who, in accordance with the provisions of sub-

regulation (1), is eligible to fill that vacancy and who applies to be

so registered.

(3) Saving the provisions of sub-regulation (2), the son or

daughter of a port worker who retires or who is medically boarded

out or who dies, or the brother or sister of a port worker who retires

or who dies, shall be registered in the Prospective Port Workers

Register on the day of such retirement or medical boarding out or

death, as the case may be.

(4) The order in which vacancies shall be filled shall be

determined by the chronological order of the retirement or medical

boarding out or death, but any person being the son or daughter or

brother or sister of a port worker who was so registered as on 10th

June, 1975, and who is registered in the Prospective Port Workers

Register and who is still so registered on the day immediately prior

to his or her forty-fifth birthday shall, subject to the provisions of

these regulations, on that day be registered in the Port Workers

Register, without affecting the rights of other persons registered in

the Prospective Port Workers Register

Provided that when more than one person retires or is

medically boarded out or dies on the same day, the order of

preference shall be established by the date of birth of the

prospective port worker, starting from the eldest.

(5) Registration in the Prospective Port Workers Register shall

lapse if it is not renewed in person at the Authority in the month of

January of each year.

(6) Notwithstanding the provisions of subregulations (2) and

(3), the Authority may register in the Prospective Port Workers

Register the minor son or daughter of a registered port worker who

dies while so registered or who retires from port work on reaching

retirement age

Provided that -

(a) if such son or daughter is over the age of sixteen and

under the age of eighteen years, such son or daughter

applies for registration within one month from the

death or retirement of his or her father, as the case

may be, and thereafter renews such registration as

provided for in this regulation;

(b) if such son or daughter is under the age of sixteen

years on the death or retirement of his or her father, as

the case may be, such son or daughter applies for

registration within one month of attaining the age of

sixteen years, and thereafter renews such registration

as provided for in this regulation.

(c) the registration of such son or daughter in the

Prospective Port Workers Register shall not entitle him

or her to compete for the filling of vacancies until such

time as he or she reaches eighteen years of age and,

notwithstanding the provisions of sub-regulation (4)

he or she shall, for the purpose of the order in which

vacancies are filled, be placed after the person then

appearing last on that Register.

(8)

Deleted by Legal Notice 318 of 2002.

(9) A minor son or daughter who qualifies for registration in

the Prospective Port Workers Register in terms of this regulation

shall not eventually be registered as a port worker if he or she is not

a person eligible to be so registered as provided for in regulation

11(3).

No port worker who is registered in the Port Workers

Register shall, on death or retirement or on being medically

boarded out, be replaced by a son or daughter or brother or sister

as the case may be

Provided that this regulation shall not apply to those port

workers who died or die through a fatal accident on the place of

work during the performance of their duties. Such port workers

shall be replaced by a son or daughter subject to the provisions of

these regulations

Provided further that port workers who prior to the 10 th day

of June, 1975 were licensed to work in the general cargo stevedores

or in the lightermen or in the port labourers section, shall continue

to be replaced by a son or daughter or brother or sister, subject to

the provisions of these regulations

Provided further that port workers who were so licensed as

on the 23 rd day of October, 1992, or during the period between

October 2004 and October 2017, shall be replaced by a son or

daughter subject to the provisions of these regulations, unless this

eligibility has already been availed of.

(1) When the Authority determines that a vacancy shall be

filled the Board shall, upon the production of such documents and

certificates as it may require, register as a port worker in the Port

Workers Register a person -

(a) who is registered on the Prospective Port Workers

Register; and

(b) who satisfies the requirements of these regulations

with regard to his or her eligibility to be so registered

Provided that if no prospective port workers are available to

fill the existing vacancies from the list of persons whose names

appear in the Prospective Port Workers Register, the Authority

shall refer to the Board the person whose name appears on the

register of persons eligible to become a prospective port worker

upon the retirement or death of the eldest registered port worker

and the date of registration of such person as a port worker shall be

anticipated accordingly

Provided further that such person satisfies the requirements

of these regulations with regard to his or her eligibility to be so

registered.

(2) If no prospective port workers or no persons whose names

appear on the register of persons eligible to become prospective

port workers in terms of subregulation (1)(b) are available to fill

the existing vacancies, the Authority shall, on the recommendation

of the Port Workers Board, issue a public call for applications to fill

vacancies. The Board shall fill the vacancies from the applicants to

the call provided that such persons fulfill the requirements of the

provisions of regulation 11(3) and subject to the other requirements

as to the eligibility of the individuals applying to work as port

workers under these regulations being also satisfied.

(3) Vacancies in the complement of workers, as established

from time to time in accordance with regulation 12, shall be filled

within thirty days of the occurrence of such vacancies.

(1) For the purposes of article 20 of the Ordinance it is

hereby prescribed that article 3(4) of the Ordinance shall not apply

to port work when the complement of registered port workers in

terms of these regulations is insufficient to meet the requirements

of employers of port workers. In such an event, employers of port

workers may employ persons for the provision of services of a

temporary nature involving transport of cargoes within a port area

from the list of prospective port workers and the list of persons

eligible to become prospective port workers. In the event that the

number of prospective port workers and persons eligible to become

prospective port workers is insufficient for the provision of such

services, employers of port workers may employ auxiliary port

workers, provided that an agreement to that effect exists in the

Service Level Agreement entered between the representatives of

port workers and any respective employer of port workers as

provided for in regulation 21A.

(2) Auxiliary port workers so employed are required to be in

possession of a pertinent training qualification in the provision of

port work in accordance with regulation 15B.

(3) Payments due to persons employed in terms of

subregulation (1) shall be borne by the registered port workers and

shall not be over and above the official tariffs established by these

regulations and the tariffs agreed in the Service Level Agreement.

(4) Persons so engaged in the provision of services as described

in subregulation (1) shall not be entitled to any of the benefits or

entitlements, or be subject to conditions of work, of registered port

workers under these regulations other than the benefits and

entitlements, or conditions of work, if any, as specified for such

purposes in the Service Level Agreement entered into between the

representatives of port workers and any respective employer of port

workers

Provided further that an auxiliary port worker under this

regulation shall not be granted, for being so engaged, any special

rights over other applicants when applying to fill a vacancy under

the provisions of regulation 15(2).

(1) Without prejudice to the provisions of regulation

15A(2), any person, not being a registered port worker or a

prospective port worker or a person eligible to be a prospective port

worker, shall not be eligible to fill the vacancy of a port worker or

to work as an auxiliary port worker, as the case may be, unless he

has first obtained a training qualification in the provision of port

work, as approved by the Authority, from a training institution

recognized by the Authority.

(2) The Authority shall keep a specific register of persons in

possession of a training qualification under subregulation (1) and

such register shall contain such details as are considered necessary

by the Authority to identify the holder, including, but not limited

to, details as to his or her qualifications, and other particulars not of

a personal nature.

Notwithstanding the provisions of regulation 11(2), a son

or daughter -

(a) of a port worker who dies as a result of injuries

sustained while performing port work; or

(b) of a port worker who, being over forty-five but under

fifty-five years of age on his last birthday, is certified

to be medically unfit for port work by a medical board

appointed by the Minister and whose licence is

cancelled for this reason,

shall be registered in the Port Workers Register, provided such son

or daughter is a person eligible to be so registered in accordance

with regulations 11(3) and 13(3)

Provided that the son or daughter of a port worker certified

to b e medically unfit f or port work i n accordance with the

provisions of paragraph (b) shall not be registered in the Port

Workers Register before the lapse of a period of three months from

the date of the cancellation of his or her father’s licence..

A port worker, who is over fifty years of age, may apply to

the Board to have his registration cancelled in favour of his son or

daughter, and if such port worker was so licensed as on the 10th

day of June, 1975, in favour of his son or daughter or brother or

sister

Provided -

(a) that such port worker on having his registration

cancelled shall forfeit all rights to a pension or

gratuity; and

(b) the son or daughter is a person eligible to be a port

worker in accordance with the provisions of regulation

11.

(1) On registration in the Port Workers Register, the

Authority shall issue to a port worker -

(a) a certificate of registration valid up to the 31st

December of the current year in such form as the

Authority may establish; and

(b) an identity card.

(2) Such identity card shall remain the property of the

Authority and shall be returned to the Authority by any port worker

or his widows or her widowers and heirs, as the case may be, when

he or she ceases to be registered.

(3) A port worker shall not transfer his or her identity card to

any person.

(4) Unless exempted by the Authority a port worker shall wear

his or her identity card whenever he or she is employed in port

work and shall produce it on demand to the Authority or to his or

her employer.

(5) Where the Authority is satisfied that an identity card has

been lost or damaged, he may issue a duplicate card to a port

worker on payment of a fee of two euros and thirty-three cents

(2.33).

(1) Every registered port worker shall apply in person at

the Authority or at such other place as the Authority may

determine, in the month of January of each year as required by the

Authority to renew his or her registration.

(2) The fee payable by a port worker in respect of a licence to

act as a port worker shall be eleven euros and sixty-five cents

(11.65) per annum payable on the issue and on each renewal of the

licence.

(3) Any registered port worker who is unable to renew his or

her registration in accordance with sub-regulation (1) owing to

incapacity for work, shall do so on the working day immediately

following the end of the period of incapacity and shall produce to

the Authority a medical certificate in respect of the whole period of

incapacity, and if he or she satisfies the Authority that he or she

was unable to apply in person to renew his or her registration owing

to such incapacity, the Authority may renew such registration.

(4) Where the registration of a port worker is not renewed as

provided for in subregulations (1) and (3), an application for the

renewal of such registration shall be referred for decision by the

Board.

(1) When the Authority becomes aware that -

(a) any unregistered person is working or attempting to

obtain work as a port worker in a port, or

(b) any person is making use of an identity card to which

he is not entitled, or

(c) any person who is working in the port has failed to

produce his identity card on demand,

it may take such steps as it may deem proper in the circumstances

and may also for the purpose of further investigation impound any

card which in its opinion is being improperly used.

(2) Where any employer disputes any bill for port work or fails

to pay any such bill, the Authority shall, unless the matter is

settled, refrain from supplying port workers to an employer failing

to pay any bill for port work if, after giving the employer an

opportunity of making representations, it so instructs.

For the purposes of the definition of port worker in article

2 of the Ordinance, it is hereby prescribed that the cargo referred to

in that definition in relation to the handling thereof from transit

shed or stack on open quay to vehicle shall be -

(a) cereals, canary seed, sugar, seed potatoes, salt, in bags;

(b) frozen meat;

(c) timber;

(d) liquid gas cylinders;

(e) bitumen and asphalt in drums;

(f)

any substances in bags or in drums for use in the oil

industry;

(g) in an enclosed port area -

(i) the packing and unpacking of containers; and

(ii) the consolidation of unit loads for loading on

board a ship.

(1) The representatives of registered port workers and

em ployers of port workers shal l en ter into a Serv ice L evel

Agreement between them in connection with the provision of

services by port workers.

(2) Workers allocated to employers of port workers under a

Service Level Agreement have to be fit and able to perform the

work to which they are assigned.

(3) A Service Level Agreement under these regulations may

include, amongst other provisions, the following

(a) a description of the services to be provided, including

the resources to be made available, the number of

workers and the service levels/targets to be met by the

parties to the agreement;

(b) the services that are required to be provided by the

port workers;

(c) dispute resolution;

(d) hours of work, including shift systems allocation;

(e) ordering procedure when filing requests for the

provision of port workers;

(f)

disciplinary procedure including, but not limited to,

the non-attainment of agreed minimum service levels

Provided that disciplinary measures in a Service Level

Agreement shall be limited only to administrative

measures and minor offences

Provided further that disciplinary measures relating to

the withdrawal of a port worker’s registration shall be

regulated by the Authority through the Port Workers

Board.

(4) The boards established for disciplinary proceedings and

dispute resolution under a Service Level Agreement shall, as far as

possible, be common to all employers of port workers.

(5) Applicable tariffs involving the provision of port work

services as contemplated in these regulations in a Service Level

Agreement shall in respect of imports and exports cargoes and

related services not exceed the maximum tariffs established under

these regulations and under any other law that the Authority is

entitled to enforce. Applicable tariffs relating to transshipment

operations and related services shall be negotiated between the

employer of port workers and the representatives of port workers.

(6) For the purposes of these regulations, and in order to ensure

consistency between the various Service Level Agreements

especially with regard to disciplinary procedure and dispute

resolution, a Service Level Agreement under these regulations shall

be copied to the Authority by the parties to the Agreement and the

Authority may query any of the provisions of the Agreement

relating to disciplinary procedures and dispute resolution if, in its

opinion, any of these, or both, contain matters that are not common

to other Service Level Agreements in accordance with sub-

regulation (4) and it shall be incumbent upon the parties to the

Agreement to provide an explanation to the Authority within

reasonable time or by a date as indicated by the Authority.

(7) The terminal operators and other employers of port workers

shall provide appropriate insurance cover to hold the port workers

harmless for damages to property and third parties provided that

such damage is not a result of gross negligence on the part of the

port workers.

(1) The Authority shall immediately report to the Port

Disputes Board any case involving the disruption of a roster in

which port workers may at the time be organized.

(2) The Port Disputes Board shall investigate such report and

if it finds to its satisfaction that a roster was wilfully or negligently

disrupted by an employer of port workers, or by a person acting on

b e ha l f o f s u c h e m p l oy e r, i t s h a l l a w a r d c o m p e ns a t i o n, n o t

exceeding one thousand and one hundred and sixty-four euros and

sixty-nine cents (1,164.69), against such employer in favour of the

port workers prejudiced by such disruption.

(3) When two or more employers of port workers are found by

the Port Disputes Board to have wilfully or negligently

concurrently disrupted a roster, the Port Disputes Board may

determine the proportion of the amount of compensation to be paid

by each of such employers, but in determining such proportions,

the said Board shall take into account the extent to which each of

such employers has been in default.

(4) In any case involving the disruption of a roster, the

Authority shall operate such roster in accordance with the order of

allocations obtaining at the time the disruption was discovered.

23. (Deleted by L.N. 226 of 2007.).

Foremen shall be paid in accordance with the tariffs of fees

and the rates thereto set in the First Schedule

Provided that fees and rates for transhipment cargo may be as

negotiated between foremen and employers of port workers. In the

case of a dispute between the foremen and the employers of port

workers about the fees payable to foremen, the Authority shall

determine fair and reasonable transhipment fees and rates which

shall be binding on both parties.

(1) Employers of port workers shall effect payment for

port work to the Authority in accordance with the tariffs of fees and

rates set out in the Second Schedule, and in accordance with the

contribution set out in the Seventh Schedule.

(2) The tariff of the handling of transshipment cargo and

related services shall be established following negotiations between

the employers of port workers and port workers. The agreement

reached shall be communicated to the Authority

Provided that when both parties fail to reach an agreement,

either of the parties may refer the dispute to the Authority which

shall determine the tariff based on

(a) the service to be provided;

(b) the latest tariff negotiated between the parties;

(c) any published tariff;

(d) the cost of labour; and

(e) the volume of cargo and nature of services involved

Provided further that either party may appeal the decision

taken by the Authority, in respect of the establishment of a

transshipment tariff, to the Port Work Appeals Board established

under the Ordinance.

The Authority shall, on receipt of payment of bills by

employers of port workers, deposit in a port workers’ wages

account the moneys due to port workers in accordance with the

tariffs of fees and notes set out in the Second Schedule.

The fees specified in the tariffs of fees contained in the

Second Schedule shall be calculated in accordance with the

methods set out in the Third Schedule.

The method of payment to port workers shall be in

accordance with the provisions of the Fourth Schedule.

The hours of work, leave and public holidays shall, in

respect of port workers, be in accordance with the provisions of the

Fifth Schedule.

The organisation, duties and supply of labour and the

cancellation or amendment of such orders shall, in respect of port

workers, be in accordance with the provisions of the Sixth

Schedule.

There shall be established a fund to be known as the

Pension and Contingency Fund, hereinafter referred to as "the

Fund".

The Fund shall be administered by a Committee appointed

b y t h e M i n i s t e r. T h e C o m m i t t e e s h a l l b e c o m p o s e d o f t h e

following

(a) a Chairman;

(b) two representatives of the Authority;

(c) two representatives of port workers; and

(d) a secretary who shall have no vote.

(1) The Committee shall be responsible to the Minister for

the good and proper administration of the Fund.

(2) The Committee may incur expenditure not exceeding one

thousand and one hundred and sixty-four euros and sixty-nine cents

(1,164.69) as may be approved by the said Committee at any one of

its sittings without the prior authority of the Minister

Provided that the aggregate amount thus approved by the

Committee shall not exceed twenty-three thousand and two

hundred and ninety-three euros and seventy-three cents (23,293.73)

in any calendar year

Provided further that this regulation does not limit payment

of benefits made to port workers, or to persons who have served as

port workers, or their widows or widowers and heirs as laid down

in these regulations.

(3) Furthermore the Committee shall effect such payments out

of the Fund as may from time to time be authorised by the Minister.

(4) Payments out of the Fund shall be made by the Authority,

who shall -

(a) keep proper books of accounts approved by the

Committee; and

(b) submit to the Committee monthly statements of

accounts in such form as the Committee may deem fit.

(5) Every three months the Committee shall refer to the

Minister a statement of accounts showing the state of the Fund.

(1) The Committee shall submit to the Minister not later

than the 31st day of May of each year, a report in respect of the

transactions made and benefits paid during the year ending on the

31st day of March of that same year.

(2) The report mentioned in sub-regulation (1) shall include all

the reports made by the auditor of the Committee during the year in

respect of which such report is made.

(3) Such auditor shall be nominated by the Committee and

appointed by the Minister.

The Committee shall adopt an investment strategy for the

Fund based on appropriate due diligence and professional advice

from duly regulated entities in terms of the local legal framework.

The Committee may make recommendations to the Minister for his

approval to invest money remitted to the Fund in line with such

investment strategy.

(1) The books of the Fund shall be examined at least once

every three months by the auditor nominated and appointed in

accordance with the provisions contained in regulation 34(3).

(2) The Committee shall make available to the auditor such

books of accounts and such other documents, and shall provide him

with such information as may enable him to carry out proper

examinations.

(3) The auditor shall, every three months, compile reports on

the examinations made and shall submit such reports to the

Minister and to the Committee.

Every five years a review of the Fund shall be carried out

by an independent actuary appointed by the Committee in order to

determine whether the contributions to the Fund are adequate to

meet future obligations over the ensuing ten year period and should

the review conclude that the contributions are insufficient to meet

such needs, the Authority shall take the necessary steps to increase

the level of contributions to ensure adequacy of the Fund

Provided that the Government shall at all times guarantee

that the Fund is maintained at a level which will enable it to meet

its present and future obligations and outflow commitments as

determined by the actuary from time to time.

Subject to the provisions of these regulations the

Committee may regulate its own procedures.

The Authority shall remit to the Fund

(a) the contribution specified in the Seventh Schedule;

(b) any moneys which may be passed to it for the

remittance to the Fund.

(1) Port workers who on or after the fourth day of April,

1973, but not later than the fourth day of January, 1980, had

attained the retiring age and who had their registration cancelled by

the Authority, shall continue to receive a pension or a gratuity

under the conditions and at the rates specified in regulation 42 and

in the Eighth Schedule.

(2) Port workers who on or after the fifth day of January 1980,

have attained the retiring age shall have their registration cancelled

by the Authority but retaining their pension rights under the Social

Security Act.

The balance of a pension due to a port worker who dies

before the lapse of five years from the date of cancellation of his or

her registration on being medically boarded out prior to reaching

retirement age, under the provisions of these regulations, shall be

paid to the widows, or widowers, and heirs of such port worker

Provided that the pension paid to a port worker before his

or her death and the balance payable to his widow, or to her

widower, and heirs shall in total not exceed the amount that would

have been paid to such port worker during a maximum period of

five years from the date of being medically boarded out..

(1) A port worker, who, being forty-five years of age or

over on his last birthday, has his registration cancelled on being

certified to be medically unfit for port work by a medical board

appointed by the Minister shall, if he has a son eligible to replace

him in accordance with these regulations, receive a pension as

follows

(a) during such time as such son is not registered in the

Port Workers Register - full pension;

(b) from the date on which such son is registered in the

Port Workers Register until the port worker reaches

retiring age - such part of the full pension as the

Minister may, on the advice of the Committee, from

time to time determine; and

(c) on reaching retiring age - full pension.

(2) A port worker who, being forty-five years of age or over on

his last birthday, has his registration cancelled on being certified to

be medically unfit by a medical board appointed by the Minister

shall, if he or she has no son or daughter or brother or sister to

replace him or her in accordance with these regulations, recieve a

pension as follows

(a) until he or she reaches retiring age - such part of the

full pension as the Minister responsible for ports may,

on the advice of the Committee, from time to time

determine; and

(b) on reaching retiring age - full pension.

(3) The provisions of sub-regulation (1)(c) and of sub-

regulation (2)(b) shall not apply to port workers who after the

twenty-second day of January, 1979, have their licence cancelled

under the provisions of this regulation, if they reach the retiring age

on or after the fifth day of January, 1980, saving their pension

rights under the Social Security Act.

(4) Saving the provisions of sub-regulation (3), a person who is

registered as a port worker after the thirtieth day of May, 1978 shall

not be eligible to recieve a pension as specified in subregulations

(1) and (2) if he or she does not satisfy the requirements laid down

in regulation 42.

(1) A person who is registered as a port worker after the

30th day of May, 1978, shall qualify for a pension on completing

ten years continuous service as a registered port worker.

(2) Notwithstanding the provision of sub-regulation (1), a son

or daughter or brother or sister of a port worker whose licence is

cancelled at his own request in accordance with the provisions of

regulation 17 shall, on being registered in the Port Workers

Register, qualify for a pension on completing fifteen years

continuous service as a registered port worker.

43.(1)(a) A port worker who is a registered port worker on the

date of the coming into force of these regulations * , or

subsequently, shall receive a gratuity in respect of each

year of service, or part thereof, to be reckoned as from

the 4th April 1973.

(b) The payment of the gratuity at paragraph (a) shall be

made by the Committee in any one of the following

circumstances

(i) to a port worker who reaches retirement age; or

(ii) to a port worker whose registration is cancelled

by the Authority after a port worker is certified

to be medically unfit for further port work by a

medical board appointed by the Minister; or

(iii) to the heirs of a port worker who dies whilst

being so registered.

(c) The Minister, after consultation with the Committee,

may for the purpose of this subregulation, authorize

that initial and yearly amounts be invested with a

reputable assurance company for the purpose of the

provision of such gratuities to port workers.

(2) A port worker who is so registered for the first time after

1st June 2007, and has been so registered for more than ten years,

shall on reaching retirement age, or whose registration is cancelled

after being certified to be medically unfit for further port work by a

medical board appointed by the Minister, receive a gratuity of

thirty four thousand nine hundred and forty euro sixty cents

(€34,940.60).

(3) The heirs of a registered port worker who dies after the 1st

June, 2007 shall receive a gratuity equivalent to three years of

earnings. The earnings that have to be considered for the purpose of

the computation of this gratuity shall be the average earnings of all

the registered port workers for the year preceding the death of the

registered port worker. The difference between the amount due in

respect of the gratuity and all insurance proceeds shall be paid from

the Fund.

(1) Port workers shall be provided with a Personal

Accident and Sickness Insurance Policy on a basis of twenty-four

hours, which will provide benefits to them and their dependents

*1st July, 2007.

covering accidental death, permanent disablement and temporary

total disablement due to accident and/or sickness.

(2) The compensation contemplated in such insurance policy

shall as a minimum include

(a) in The Event Of Accidental Death: €23,293.73 per

capita;

(b) in the event of permanent disablement: up to

€23,293.73 per capita; and

(c) in the event of temporary total disablement following

accident and/or sickness: €260.89 per week for a

period of six weeks.

(3) The premium for the insurance policy referred to in sub-

regulation (1) shall be defrayed from the Fund.

In examining any claim made by a person under these

regulations, the Committee may make any investigation and may

require the production of any evidence, including documentary

evidence, it may deem necessary.

(1) The Committee shall have the right to claim by civil

action the amount of any gratuity paid or payable under these

regulations -

(a) from any person, other than the port worker entitled to

such gratuity, where an injury in respect of which the

gratuity is paid or payable was caused by the wilful act

or the negligence of such person or of any other person

for whom, under the provisions of the Civil Code, the

first mentioned person is responsible;

(b) without prejudice to the generality of paragraph (a),

where the injury was caused on account of or through

the non-compliance by himself or herself, or by any

other person for whom such employer is responsible

under the Civil Code, with with any obligation imposed

by the Health and Safety at Work Act or by any

regulations made thereunder.

(2) Nothing in this regulation shall prejudicially affect any

right to claim and obtain compensation or damages which the

injured person, or those claiming under him or her, may have under

the provisions of the Civil Code against the person through whose

wilful act or negligence the injury was caused; but in assessing the

amount of such compensation or damages, the Court shall take into

account the gratuity recovered or recoverable by the Committee as

provided in subregulation (1).

(3) Any amount recovered by the Committee under this

regulation shall be carried to the credit of the Fund.

(1) The Minister may authorize the payment out of the

Fund of a cost of living increase or bonus or of any other increase

i n t h e w a g e s o f p o r t w o r k e r s a t su c h r a t e s a n d u n d e r s u c h

conditions as he may from time to time prescribe.

(2)

The provisions of subregulation (1) shall be deemed to

have come into force on the 4th day of April, 1973.

(3) To qualify for the receipt of any payment authorised under

subregulation (1) in respect of any one day, a port worker may be

required to prove to the satisfaction of the Authority that he or she

was available for work on that day.

(1) The earnings of port workers shall be guaranteed at the

level of the average earnings realized during the five year period

ending on the 31st day of December of the year immediately

preceding the year in respect of which this guarantee applies.

(2) For the purposes of this regulation the earnings of port

workers shall be deemed to be the global earnings of port workers

taking into account the number of port workers as on the 31st day

of December of each year.

(3) Payments to bring such earnings to the guaranteed level

shall be made out of the Fund.

(4) There shall be published in the Gazette, in respect of each

calendar year ending on the 31st day of December, the global

earnings of port workers, taking into account the number of port

workers as on the 31st day of December of that year.