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sl_452.143 MT

PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

14 Articles / Provisions · Malta
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Statutory Text (14 Articles)

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.143

PRIVATE CLEANING SERVICES (CONDITIONS OF

WORK) REGULATION ORDER

*

LEGAL NOTICE 114 of 2026.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

The title of this order is the Private Cleaning

Services (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 established in this order shall apply to all

employees with establishments providing private cleaning services

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

prevail.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

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 by,

or under the National Holidays and other Public Holidays Act;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"day" in the case of a shift employee, means a period of

twenty-four (24) consecutive hours and in all other cases, it

means a period running from midnight (12:00a.m.) of one day

to midnight (12:00a.m.) of the next following day;

"double-time" means twice the actual time rate

applicable to the employee;

"half-day" means a period of twelve (12) consecutive

hours ending at 1.00 p.m. or at 1.00 a.m;

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

to it in the Act;

"night shift" means any period of employment that

*Not yet in force.

(CONDITIONS OF WORK)

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

the next following day;

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

assigned to it in the Act;

"period of employment" shall have the same meaning as

assigned to it in the Act;

"shift employee" means an employee who regularly

works on a shift cycle basis;

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

time rate applicable to the employee;

"wage" means remuneration or earnings, payable by an

employer to an employee and includes any bonus payable under

article 23 of the Act, other than any bonus or allowance related

to performance or production;

"week" means a calendar week;

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

it in the Organisation of Working Time Regulations;

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

assigned to it in the Act.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

The minimum weekly wage for whole-time

employees, other than watchpersons, shall be related to an average of

forty (40) hours per week distributed over a period of thirteen (13)

weeks provided that the hours of work shall not exceed forty-five (45)

hours in any one week.

(2)

The minimum weekly wage for watchpersons shall be

related to a week of not more than fifty-two (52) hours.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

The minimum weekly wage payable to whole-time

employees other than watchpersons shall be two hundred twenty-nine

euro and forty-four cents (€229.44). The minimum weekly wage

payable to whole-time employees who are watchpersons shall be two

hundred ninety-eight euro and twenty-seven cents (€298.27).

(2)

In the case of shift workers, unless every weekly night

shift is followed by one weekly day shift, such further night shift or

shifts shall entitle the employee to a further remuneration amounting to

not less than one-fourth of his normal rate of pay.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

When the employee is required by the employer to

wear a uniform in the performance of his duties, such uniform shall be

provided by the employer free of any charge.

(CONDITIONS OF WORK)

(2)

Personal protective equipment according to the

Minimum Requirements for the Use of Personal Protective Equipment

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

employer.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

Whole-time employees, other than watchpersons, shall

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

than one hour every day

Provided that

(a)

subject to the provisions of paragraph (b), the

interval or intervals shall be allowed after the first and before

the last hour of the period of employment; and

(b)

where the last half hour of the period of

employment is allowed as a half hour of rest, the employee

shall be entitled to leave the place of work as soon as such half

hour commences.Minimum weekly rest. S.L. 452.87.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

In the case of whole-time employees, other than

shift workers and watchpersons, overtime rates shall be payable as

follows

(a)

for all time worked in excess of twelve (12) hours

in any one (1) day........................ time-and-a-half;

(b)

for all time worked in excess of forty-five (45)

hours in any one (1) week.....................time-and-a-half;

(c)

for all time worked in excess of an average of

forty(40) hours per week distributed over thirteen (13)

consecutive weeks...........................time-and-a-half;

(d)

for all time worked on the first pre-determined

day of rest..........................time-and-a-half;

(e)

for all time worked on a Sunday, customary

holiday or the second or only pre-determined day of rest of the

week......................... double time.

(2)

In the case of shift workers, overtime shall be payable as

follows

(a)

for all time worked in excess of twelve (12) hours

in any one (1) day......................time-and-a-half;

(b)

for all time worked in excess of forty-five (45)

hours in any one (1) week.......................time-and-a-half;

(CONDITIONS OF WORK)

(c)

for all time worked in excess of an average of forty

(40) hours per week distributed over thirteen (13) consecutive

weeks............................... time-and-a-half;

(d)

for all time worked on the first pre-determined day

of rest..........................time-and-a-half;

(e)

for all time worked on the second or only pre-

determined day of rest.............double time.

(3)

In the case of watchpersons, overtime shall be payable as

follows

(a)

for all time worked in excess of fifty-two (52)

hours in any week of six (6) consecutive days.....time-and-a-

half;

(b)

for all time worked in excess of nine (9) hours on

any day.................................time-and-a-half.

(4)

Notwithstanding the provisions of sub-article (3)

(a)

shift employees shall not be entitled to overtime

payment for time worked in normal shift on Sundays or on a

customary holiday;

(b)

in the case of watchpersons, when a customary

holiday falls on any day from Monday to Saturday, overtime at

time-and-a-half shall be payable to them for work in excess of

fifty-two (52) hours during that week.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

The employee shall be entitled to annual leave according

to the Organisation of Working Time Regulations.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

(1)

A whole-time employee shall in every calendar

year be entitled to the equivalent in hours of twelve (12) days sick leave

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

benefit entitlement at the rate determined in accordance with the Social

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

to sick leave in hours on full pay, less an amount equal to the sum

established for sickness benefit entitlement at the rate determined in

accordance with the Social Security Act, which amount shall also be

calculated on a pro rata basis

Provided that

(a)

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

shall be paid in full by the employer;

(b)

a medical certificate covering the period of

absence shall be submitted to the employer on the day of return

(CONDITIONS OF WORK)

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

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

due to sick leave;

(c)

employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

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

leave payment due, be deemed to have received an amount

equal to the sum established for sickness benefit entitlement at

the rate determined in accordance with the Social Security Act.

(2)

A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further six (6) 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 shall be submitted to the employer on the day of return

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

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

due to sick leave;

(c)

employees receiving a social security pension in

respect of retirement or widowhood in accordance with the

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

leave payment due, be deemed to have received an amount

equal to half the sum established for sickness benefit

entitlement at the rate determined in accordance with the Social

Security Act.

(3)

Sick leave entitlements shall apply from the first day of

employment

Provided that the said entitlements shall be calculated

pro rata according to the date of employment in the relative calendar

(4)

The employer may require a medical certificate by a

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

during the period of sick leave.

(CONDITIONS OF WORK)

(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.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

An employee shall be entitled to the payment of the

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

present at the premises of his employer or elsewhere unless he is

present there in any of the following circumstances

(a)

without the employer’s express or implied consent;

(b)

for some purpose not related with his work, other

than that of waiting for work to be assigned to him;

(c)

solely by reason that he is resident there;

(d)

during normal meal times in a room or place in

which no work is being carried out, and where he is not waiting

for any work to be assigned to him.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

Employees shall be entitled to the national holidays and

to all public holidays with full pay, to all forms of leave according to

the Minimum Special Leave Entitlement Regulations and all other

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

Standard Orders or any regulations made under the Act.

Laws of Malta — Subsidiary Legislation 452.143 — PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) REGULATION ORDER

The Private Cleaning Services Wages Council Order and

the Private Cleaning Services Wages Council Wage Regulation Order

are hereby repealed without prejudice to anything done or omitted to be

done thereunder.

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