CARGO CLEARANCE AND FORWARDING AGENTS EMPLOYEES (CONDITIONS OF WORK) REGULATION ORDER

EMPLOYEES (CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.149

CARGO CLEARANCE AND FORWARDING AGENTS

EMPLOYEES (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 120 of 2026.

(1)

The title of this order is the Cargo Clearance and

Forwarding Agents Employees (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 the order shall apply to

(a)

all employees of cargo clearance and forwarding

agents in any employment relating wholly or mainly to the

cargo clearance and cargo clearance and forwarding trades; and

(b)

all employees in any undertaking or part of an

undertaking engaged wholly or mainly in the clearance, haulage

and transport of furniture and other household effects, and other

goods or materials

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 such agreement or in

this order shall apply.

In this order unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"cargo clearance and forwarding agent" means any

person whose business is, or includes all or any of the

following

(a)

the clearing through the

Customs

Department of documents relating to cargo;

(b)

the withdrawal of cargo from any customs

shed, bonded store, warehouse, verandah, quay or other

place of deposit and the transport of such cargo

therefrom to a place of consignment;

*Not yet in force.

EMPLOYEES (CONDITIONS OF WORK)

(c)

the withdrawal of cargo from any factory,

warehouse or other premises and the transport of such

cargo therefrom to a quay or other place of deposit for

shipment;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"customary holidays" means the days, other than

Sundays, declared to be public holidays under the National

Holidays and other Public Holidays Act;

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

hours starting from 12:00 a.m. of one day to 12:00a.m. of the

following day;

"double time" means two times the actual time rate

applicable to the employee;

"employee of a cargo clearance and forwarding agent"

means any employee who performs work which is usually done

by an employee of a cargo clearance and forward agent duly

issued with a licence by the Comptroller of Customs in

accordance with the provisions of the Cargo Clearance and

Transport Act, irrespective of whether or not the employer

requires such a licence for the exercise of his trade;

"half a day" means a period of four and a half (4½)

consecutive hours;

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

to it in the Act;

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

time rate applicable to the employee;

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

assigned to it in the Act;

"transport employee" means any employee who performs

work which is usually done by an employee in any undertaking

engaged wholly or mainly in the clearance, haulage, transport of

furniture and other household effects, and other goods or

materials;

"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;

EMPLOYEES (CONDITIONS OF WORK)

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

assigned to it in the Act.

(1)

The minimum wage to be paid to whole-time

employee of a cargo clearance and forwarding agent shall be two

hundred and thirty eight euro and forty one cents (€238.41) a week of

not more than forty hours (40) of work based on five (5) days from

Monday to Friday and the minimum wage of a whole-time transport

employee shall be two hundred and thirty eight euro and forty one cents

(€238.41) a week of not more than forty (40) hours a week based on five

(5) days from Monday to Saturday. Work performed on the sixth (6th)

day within the same week shall be remunerated with overtime rates.

(2)

In this article "hours of work" shall not include intervals

for meals and rest in accordance with the provisions of article 6.

(3)

The hours of work and rates of pay of whole-time

employees of cargo clearance and forwarding agents and of transport

employees shall be those determined in accordance with the provisions

of sub-article (1).

Whole-time employees shall be entitled to the payment

of overtime as follows

(a)

for all time worked on Sundays and customary

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

(b)

with the exception of any overtime payable in

terms of sub-paragraph (a) for all time worked in excess of a

full-time employee’s normal working hours each day....... time-

and-a-half.

An employee shall be entitled to the actual rates payable

to him for all time during which he is present on the premises of the

employer or in any other place in connection with his employment

unless he is present thereon in any of the following circumstances

(a)

without the employer’s express or implied

consent;

(b)

for some purpose unrelated to his work, other than

that of waiting for work to be assigned to him;

(c)

solely due to the fact that he is resident thereon;

(d)

during recognised breaks for meals and rest and

he is not waiting for any work to be assigned to him.

Whole-time employees shall be entitled to intervals for

meals and rest of one (1) hour in the aggregate on any day which shall

be taken at times determined by the employer in agreement with the

employee whilst taking into account the exigencies of the work.

EMPLOYEES (CONDITIONS OF WORK)

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

(1)

When the employee shall be 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.

The employee 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 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 provided 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 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 fifteen (15) 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

EMPLOYEES (CONDITIONS OF WORK)

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 provided 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 provided shall apply from the

first (1) day of employment

Provided that the said entitlements shall be calculated

pro rata in accordance with 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 is unfit for work

during the period of absence due to sick leave.

(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.

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.

The Employees of Burdnara Wages Council Order and

the Cargo Clearance and Forwarding Agents (Burdnara) Employees

Wages Council Wage Regulation Order are hereby repealed without

prejudice to anything done or omitted to be done thereunder.