CONSTRUCTION (CONDITIONS OF WORK) REGULATION ORDER

SUBSIDIARY LEGISLATION 452.147

CONSTRUCTION (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 118 of 2026.

(1)

The title of this order is the Construction

(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 who work in building, in civil engineering or in mechanical

or electrical works, and in respect of all employees engaged in marble

works and lime kilns

Provided that this order shall not apply to employees

engaged by woodwork contractors

Provided further 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 such agreement or in this order shall

prevail.

In this order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

''building, civil engineering and mechanical or electrical

engineering or work'' means construction, re-construction,

maintenance, repair, alteration, painting, decoration or

demolition of any building, road, harbour, dock, pier, bridge,

viaduct, drain, sewer, well or other work of construction, the

preparation for or laying the foundation of any work or

structure, the extraction from the earth of stone, clay, sand or

gravel, the manufacture of pre-cast concrete masonry and

concrete units, the manufacture of cement tiles and any

plumbing work or electrical wiring;

"customary breaks" means breaks which are customary

among particular sections of the employees to whom this order

applies;

*Not yet in force

"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 in the Act;

"day" means a period running from midnight (12.00a.m)

of one day to midnight (12.00a.m.) of the immediately following

day;

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

to it in the Act;

''marble works'' means the cutting, dressing, setting and

laying of marble blocks or slabs to make ornamental or

protective surfaces and the preparation and setting of all marble

objects whether for ornamental purposes or otherwise;

"normal hourly wage" means the weekly wage divided

by

(a)

sixty (60), in the case of watchpersons; and

(b)

forty (40), in the case of other employees;

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

assigned to it in the Act;

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

it in the Organisation of Working Time Regulations;

"time-and-a-half" and "double-time" mean respectively

(a)

in the case of a time employee, one-and-a-

half times and twice the normal rate payable to him;

(b)

in the case of an employee on piece-work

(i)

the piece rates payable to the

employee; and

(ii)

a time rate equal to one half or, as the

case may be, the whole of the normal rate which

would have been payable to him if he were a time

employee;

"wages" means remuneration or earnings, payable by an

employer to an employee and includes any bonus payable under

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

to performance or production;

"week" means a calendar week;

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

assigned to it in the Act.

(1)

The minimum weekly remuneration for time

employees, other than watchpersons, shall be related to not more than

forty (40) hours of work calculated on an average for one (1) calendar

year, exclusive of overtime and of customary breaks for meals and rest

distributed over a five (5) day week.

(2)

The minimum weekly remuneration for watchpersons

shall be related to a week of not more than sixty (60) hours of work,

exclusive of overtime, distributed over six (6) days.

(3)

A time-schedule covering a period of a calendar year for

all categories of employees within the same establishment shall, as the

case may be, be submitted in writing by registered letter to the

Director and shall, upon such notification and provided that it

complies in all respects with the provisions of this order and with the

requirements of any other law, constitute the normal working hours in

the establishment

Provided that

(a)

until such time-schedule is submitted to the

Director, the normal working hours in the establishment shall

be forty (40) hours in any one (1) week; and

(b)

any changes to such time-schedule shall not be

effected by the employer before the prior notification in writing

of such changes to the Director.

(1)

Subject to the provisions of article 9, the

minimum weekly wages payable to time employees shall be as

follows

(a)

(i)

watchpersons whose duties are mainly

performed indoors ....................................................,,, €351.15;

(ii)

watchpersons whose duties are mainly performed

outdoors.......................................................................€353.48;

(b)

other time employees..............................€234.10.

(2)

Notwithstanding the provisions of article 3, an employee

shall be entitled to the full contracted weekly remuneration if

(a)

he works not less than thirty-seven (37) hours in

any one (1) week, exclusive of any overtime work, if he is

employed in a quarry;

(b)

he works for not less than forty-five (45) hours in

any one (1) week, exclusive of any overtime work, if he is

employed as a watchperson;

(c)

in the case of any other employee, if he works less

than forty (40) hours but not less than thirty (30) hours, in any

one (1) week, exclusive of any overtime work

Provided that a proportionate reduction may be

made in respect of any such number of hours during which the

employee is absent at his own request.

(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 according to the Minimum

Requirements for the use of Personal Protective Equipment at Work

Regulations shall also be provided by the employer free of charge.

In the case of employees employed on piece-work, the

minimum piece rates of wages shall be such that no employee earns,

when employed in such work, less than the appropriate pro rata time

rate specified in article 4.

Employees other than watchpersons shall be allowed

intervals of not less, in the aggregate, than one (1) hour for meals and

rest in any day on which the hours of work exceed five and a half (5½)

hours.

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations.

(1)

Subject to the provisions of this article and article

3, minimum overtime rates shall be paid to all employees, as follows

(a)

on any day, other than Saturday and Sunday or

customary holidays, for any hours worked in excess of the

normal working hours of the establishment which shall not

exceed nine (9) hours on any day....................time-and-a-half;

(b)

for all hours of work on Saturdays..time-and-a-

half;

(c)

for all hours of work on Sundays..........double-

time;

(d)

for all hours of work on a customary

holiday...double time in addition to a normal hourly wage

Provided that the provisions of this sub-article

shall apply to an employee on piece work only when he is

required to work overtime by his employer.

(2)

Overtime shall be payable to watchpersons

(a)

at the rate of time-and-a-half for all time worked

in excess of sixty (60) hours in a period of six (6) consecutive

days; and

(b)

at the rate of double-time for all time worked on

the seventh (7) day and, or on any customary holiday.

All employees shall be entitled to annual leave in

accordance with the Organisation of Working Time Regulations.

(1)

A whole-time employee shall in every calendar

year be entitled to the equivalent in hours of fifteen (15) days sick

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

benefit entitlement at the rate determined in accordance with the

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

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

the sum set for sickness benefit entitlement at the rate determined in

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

calculated on a pro rata basis

Provided that

(a)

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

shall be paid in full by the employer;

(b)

a medical certificate covering the period of

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

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

within seven (7) days 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 set 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 fifteen (15) 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 set for sickness benefit entitlement at the rate determined

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

calculated on a pro rata basis

Provided that

(a)

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

shall be paid at half pay by the employer;

(b)

a medical certificate covering the period of

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

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

within seven (7) days 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 set 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 the said entitlement shall be calculated pro

rata in accordance with 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 was unfit for work

during the period of absence.

(5)

For the purpose of this article, a break in employment of

not more than thirty (30) days shall not interrupt the continuity of

service.

(6)

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.

An employee shall be entitled to the payment of the

minimum remuneration applicable to him for all times during which he

is present on the premises of his employer or in any other place in

connection with his employment unless he is present thereon in any of

the following circumstances

(a)

without the employer’s express or implied consent;

(b)

for some purpose related with his work, other than

that of waiting for work to be assigned to him;

(c)

solely by reason of the fact that he is resident

thereon;

(d)

during normal meal times in a room or place in

which no work is being done, and he is not waiting for any

work to be assigned to him.

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 regulations made under the Act.

The Construction Wages Council Order and the

Construction Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.