PRIVATE SCHOOLS (CONDITIONS OF WORK) REGULATION ORDER

SUBSIDIARY LEGISLATION 452.142

PRIVATE SCHOOLS (CONDITIONS OF WORK)

REGULATION ORDER

30th June, 2026

LEGAL NOTICE 113 of 2026.

(1)

The title of this order is the Private Schools

(Conditions of Work) Regulation Order.

(2)

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

from its date of publication in the Gazette.

(3)

The provisions of this Order shall apply to all employees

engaged under a contract of service in all schools, other than those

schools established by and managed by the Government or the

University of Malta, excluding however such employees in respect of

whom an individual salary or allowance is paid by the Government to

the representative of the religious association of which those

employees form part

Provided that in the event that there is a collective

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

the more favourable conditions in that agreement or in this order shall

apply.

PART I

General

In this order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"customary holidays" means the days, other than

Sundays, declared for the time being to be public holidays

under the National Holidays and other Public Holidays Act;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"double-time" means twice the actual time rate

applicable to employees;

"hours of work" means the time on any day during which

employees are at the disposal of the employer, exclusive of

intervals allowed for meals and rest;

"nursery school" means a school or a department of a

school, in which the predominant characteristic is that of child

care;

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

time rate applicable to employees.

PART II

Teachers

This Part shall not apply to employees in nursery schools.

In this Part, unless the context otherwise requires

"part-time teacher" means a teacher whose normal hours

of work, calculated on a weekly basis or on average over a

period of employment of up to one (1) year, shall be less than

the normal hours of work of a comparable whole-time teacher

and who is not a whole-time teacher with reduced hours;

"teacher" includes Assistant Headmaster or Assistant

Headmistress and Assistant Head teacher;

"whole-time teacher" means a teacher who is deemed to

be a whole-time teacher in terms of any recognized conditions of

employment.

The minimum monthly remuneration for whole-time

teachers shall be related to a week of not more than twenty-seven (27)

hours of work.

The minimum monthly remuneration payable to whole-

time teachers shall be one thousand and fifty-eight euro and thirty-one

cents (€1058.31).

(1)

Whole time teachers shall be entitled to all

customary holidays with full pay, but when any one of these holidays

falls on a day on which the school is normally closed they shall not be

entitled to a day off in lieu.

(2)

Whole-time teachers shall be entitled to holidays with full

pay, including the Christmas, Carnival, Easter and summer holidays,

covering the period from the closing to the re-opening of schools.

(1)

Whole-time teachers shall in any scholastic year be

entitled to the equivalent in hours of fifteen (15) school 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 shall also be

calculated on a pro rata basis

Provided that

(a)

the first three (3) days of any claim for sick leave shall be

paid in full by the employer;

(b)

a medical certificate covering the period of absence is

produced to the employer on the day of return to work or, if such

period of absence exceeds seven (7) days, within seven (7) days of the

commencement of such absence due to sick leave;

(c)

employees receiving a social security pension in respect

of retirement or widowhood in accordance with the Social Security

Act shall, for the purpose of calculating the sick leave pay 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)

Whole-time teachers shall in any scholastic year be

entitled to the equivalent in hours of a further fifteen (15) school days

sick leave on half pay, less an amount equal to half the sum set for

sickness benefit entitlement at the rate determined in accordance with

the Social Security Act, and part-time employees shall have a pro rata

entitlement to sick leave in hours on half pay, less an amount equal to

half the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act, which amount

shall also be calculated on a pro rata basis

Provided that

(a)

the first three (3) days of any claim for sick leave

shall be paid at half pay by the employer;

(b)

a medical certificate covering the period of

absence is produced to the employer on the day of return to

work or, if such period of absence exceeds seven (7) days,

within seven (7) days of the commencement of such absence

due to sick leave;

(c)

employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

Social Security Act shall, for the purpose of calculating the sick

leave payment due, be deemed to have received an amount

equal to half the sum established for sickness benefit

entitlement at the rate determined in accordance with the Social

Security Act.

(3)

Sick leave entitlements provided shall apply from the

first (1) day of employment

Provided that said entitlements shall be calculated pro

rata according to the date of employment in the relative calendar year.

(4)

The employer may require a medical certificate by a

physician of his choice to certify that the employee was unfit for work

during the period of absence.

(5)

The sick leave entitlement shall be calculated on the basis

provided for annual leave as specified in regulation 8(1) of the

Organisation of Working Time Regulations.

Non-teaching duties allotted to teachers outside their

normal teaching hours shall be remunerated at one euro and sixty-three

cents (€1.63).

Whole-time teachers shall be entitled to the same leave as

provided in Part IV in respect of other whole-time employees.

PART III

Other Employees

In this Part, unless the context otherwise requires

"employee" means an employee who does not fall under

Part II;

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

assigned to it in the Act;

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

assigned to it in the Act.

The minimum weekly remuneration payable to whole-

time employees shall be related to a week of sixty (60) hours of work in

the case of watchpersons or forty-four (44) hours of work in the case of

other employees.

(1)

The minimum weekly remuneration payable to

whole-time employees, other than maids employed in schools which

provide full residential facilities to students, or watchpersons shall be

two hundred and fifty-seven euro and sixty-two cents (€257.62).

(2)

The minimum weekly remuneration payable to whole-

time maids employed in schools which provide full residential facilities

to students shall be as follows

during the first year of

€252.38;

employment ...................

following the first year of

€254.71.

employment ................

(3)

The minimum weekly remuneration payable to whole-

time watchpersons shall be

(a)

for work performed

€344.16;

indoors......

(b)

for work performed

€346.49.

outdoors ....

(4)

Whole-time employees, other than watchpersons, who

are employed for the full period of a scholastic year, and whose

employment is terminated by the employer at the commencement of,

or during the summer holidays, otherwise than for having reached the

age of retirement, shall be entitled to receive a compensation

equivalent to the basic minimum remuneration to which such

employees would have been entitled had their employment not been

terminated, calculated for the period during such holidays

commencing from the date of termination of employment up to the

reopening of schools and payable in the same manner as the weekly

remuneration used to be paid.

(1)

When the employee is required to wear a uniform

in the performance of the employee’s duties, such uniform shall be

provided by the employer free of charge.

(2)

Personal protective equipment in accordance with the

Minimum Requirements for the use of Personal Protective Equipment

at Work Regulations shall also be provided by the employer free of

charge.

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations.

Whole-time employees, other than watchpersons, shall

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

aggregate, than one (1) hour.

Whole-time employees shall be entitled in every calendar

year to

(a)

all customary holidays with full pay, and

(b)

after three months in employment, vacation leave

of such number of working days with full pay as is equivalent

to the number of working days as that particular employee

should normally attend to work during a period of four (4)

weeks

Provided that whole-time employees who have been in

employment for less than one year shall be entitled to such part of the

said vacation leave as is in proportion to the number of months in

employment

Provided further that vacation leave shall be availed of

only during the summer school holidays.

(1)

Whole-time employees shall in every calendar

year be entitled to the equivalent in hours of ten (10) 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 shall also be

calculated on a pro rata basis

Provided that

(a)

the first three (3) days of any claim for sick leave

shall be paid in full by the employer;

(b)

a medical certificate covering the period of

absence is produced to the employer on the day of return to

work or, if such period of absence exceeds seven (7) days,

within seven (7) days 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)

Whole-time employees shall in every calendar year be

entitled to the equivalent in hours of a further ten (10) days sick leave

on half pay, less an amount equal to half the sum established for

sickness benefit entitlement at the rate determined in accordance with

the Social Security Act, and part-time employees shall have a pro rata

entitlement to sick leave in hours on half pay, less an amount equal to

half the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act, which amount

shall also be calculated on a pro rata basis

Provided that

(a)

the first three (3) days of any claim for sick leave

shall be paid at half pay by the employer;

(b)

a medical certificate covering the period of

absence is produced to the employer on the day of return to

work or, if such period of absence exceeds seven (7) days,

within seven (7) days from the commencement of such absence

due to sick leave;

(c)

employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

Social Security Act shall, for the purpose of calculating the sick

leave payment due, be deemed to have received an amount

equal to half the sum established for sickness benefit

entitlement at the rate determined in accordance with the Social

Security Act.

(3)

Sick leave entitlements shall apply from the first (1) day

of employment

Provided that said entitlements shall be calculated pro

rata in accordance with the date of employment in the relative

calendar.

(4)

Whole-time employees shall in every calendar year be

entitled to the equivalent in hours of a further ten (10) days sick leave

without pay, and part-time employees shall have a pro rata entitlement

to such sick leave without pay.

(5)

The employer may require a medical certificate by a

physician of his choice to certify that the employee was unfit for work

during the period of absence.

(6)

The sick leave entitlement granted shall be calculated on

the basis provided for annual leave as specified in regulation 8(1) of

the Organisation of Working Time Regulations.

Except in the case where schools provide full residential

facilities to students, where whole-time employees work on a roster

approved by both the employers and the employees, whole-time

employees shall be entitled to overtime rates as follows

(a)

in the case of whole-time watchpersons

(i)

for all time worked

double time;

on a day of rest or on a customary

holiday .........

(ii)

for all time worked

time and a half;

in excess of sixty (60) hours in

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

(b)

in the case of other whole-time employees

(i)

for all time worked

double time;

on a customary holiday or other

public holiday .........

(ii)

for all time worked

time and a half.

in excess of forty-four (44) hours

in any one (1) week commencing

on Monday up to Saturday .......

Whole-time employees shall be entitled to the same leave

as is provided in Part IV in respect of other whole-time employees.

PART IV

Other leave entitlement

Employees shall be entitled to the national holidays and

to all public holidays with full pay, to all forms of leave in accordance

with the Minimum Special Leave Entitlement Regulations and all other

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

Standard Orders or any regulations made under the Act.