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CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

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Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

SUBSIDIARY LEGISLATION 452.150

CANNING INDUSTRY (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 121 of 2026.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

(1)

The title of this order is the Canning Industry

(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 in any undertaking or in any part of an undertaking the

activities of which consist wholly or mainly of the following

(a)

canning and preserving, including packing in

airtight containers of fruits, vegetables, and fruit and vegetable

juices; dehydrating and quick freezing of fruits and vegetables;

and any other process incidental thereto;

(b)

manufacture of preserves, jams, jellies, pickles,

sauces or canned soups, including the canning and preserving

of meat, meat products and any other form of meat processing;

and the manufacture of ice;

(c)

canning and preserving of fish and other sea

foods, including salting, drying, smoking, curing, pickling,

dehydrating, packing in air-tight containers, quick-freezing and

any other form of processing;

(d)

cold storage of fruits, vegetables, meat, fish and

other foods

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.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 452.150 — Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Industrija tal-Ippreservar

F’dan l-ordni, kemm-il darba r-rabta tal-kliem ma

teħtieġx xort’oħra

*Għadu mhux fis-seħħ.

TAL-IPPRESERVAR

"Att" tfisser l-Att dwar l-Impiegi u r-Relazzjonijiet

Industrijali;

"festi tas-soltu" tfisser il-ġranet, għajr il-Ħdud, iddikjarati

għal dak iż-żmien bħala festi pubbliċi skont l-Att dwar il-Festi

Nazzjonali u Btajjel Pubbliċi oħra;

"ftehim kollettiv" għandu jkollha l-istess tifsira kif

mogħti lilha fl-Att;

"ġimgħa" tfisser ġimgħa kalendarja;

"ġurnata" tfisser perjodu li jibda minn nofsillejl (12:00

a.m.) ta’ ġurnata sa nofsillejl (12:00 a.m.) tal-ġurnata ta’ wara;

"ħin doppju" tfisser id-doppju tar-rata minima ta’ ħin

applikabbli għall-impjegat;

"ħin u nofs" tfisser darba u nofs tar-rata minima ta’ ħin

applikabbli għall-impjegat;

"ħinijiet tax-xogħol" għandu jkollha l-istess tifsira kif

mogħti lilha fl-Att;

"impjegat part-time" għandu jkollha l-istess tifsira kif

mogħti lilha fl-Att;

"impjegat whole-time" għandu jkollha l-istess tifsira kif

mogħti lilha fl-Att;

"nofs ta’ nhar" tfisser perjodu ta’ tnax (12)-il siegħa

konsekuttivi li jispiċċa fis-1.00 p.m. jew fis-1.00 a.m.;

"paga" tfisser remunerazzjoni jew qligħ li jitħallas minn

prinċipal lil impjegat u tinkludi kwalunkwe bonus li jitħallas

skont l-artikolu 23 tal-Att għajr kwalunkwe bonus jew

allowance relatat mal-prestazzjoni jew mal-produzzjoni;

"perjodu ta’ mistrieħ" għandu jkollha l-istess tifsira kif

mogħti lilha fir-Regolamenti dwar l-Organizzazzjoni tal-Ħin

tax-Xogħol;

"perjodu tal-impjieg" għandu jkollha l-istess tifsira kif

mogħti lilha fl-Att.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

In this order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

*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;

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

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

"double-time" means twice the minimum time rate

applicable to the employee;

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

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

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

to it in the Act;

"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;

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

minimum time rate applicable to the 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;

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

consecutive hours commencing at the time at which the worker

would normally commence his turn of duty;

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

assigned to it in the Act.

3. The minimum weekly wage shall be related to a week of

not more than

(a)

forty (40) hours in the case of all whole-time

employees, other than watchpersons; and

(b)

sixty (60) hours of work, spread over a six (6) day

week, in the case of watchpersons.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

The minimum weekly wage payable to whole-time

employees shall be the following

(a)

€344.16

watchpersons ...

(b)

other

€229.44

employees.......

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

(1)

When the employee is required to wear a uniform

in the performance of his duties, such uniform shall be provided by the

employer free of any 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.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

Whole-time employees, other than watchpersons, shall

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

aggregate, one (1) hour every day.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (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 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

(1)

In the case of whole-time employees, other than

watchpersons, overtime shall be payable as follows

(a)

for all time worked in excess of forty (40) hours in

any week, exclusive of any time paid for at overtime rates

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

(b)

in the case of a five (5) day week, for all time

worked in excess of eight (8) hours on any day ............time-

and-a-half;

(c)

in the case of a six (6) day week, for all time

worked in excess of seven (7) hours from Monday to Friday,

and five (5) hours on Saturday .............time-and-a-half;

(d)

for all time worked on Sundays and customary

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

Provided that in any week which includes a customary

holiday, overtime at time-and-a-half shall be payable for work in

excess of thirty-three (33) hours, exclusive of time paid for at overtime

rates, to whole-time employees other than watchpersons.

(2)

Overtime at the rate of time-and-a-half shall be payable

to watchpersons for all time worked in excess of sixty (60) hours in a

period of six (6) consecutive days, and for all time worked on the

seventh (7) day.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

The employee shall be entitled to annual leave in

accordance with the Organisation of Working Time Regulations.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (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 established in

accordance with the Social Security Act, which amount shall also to 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 sick

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

work or, if such period of sick leave is longer than 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 due, be deemed to have received an amount equal to the

sum established for the 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 twenty-four (24) 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

is also to 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 sick

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

work or, if such period of sick leave is longer than 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 due, be deemed to have received an amount equal to half

the sum established for the 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 entitlements shall be calculated

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

(4)

Employees employed for a lesser period than one (1)

year shall be entitled to sick leave in proportion to the number of

months in employment.

(5)

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.

(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.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (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 on the premises of his employer or in any other place in

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

the following circumstances

(a)

without the employer’s express or implied

consent;

(b)

for some purpose unconnected with his work,

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

(c)

solely due to the fact that he is resident there;

(d)

during normal meal times in a room or place in

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

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 452.150 — Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Industrija tal-Ippreservar

Impjegati għandhom ikunu intitolati għall-festi

nazzjonali u għall-festi pubbliċi kollha b’paga sħiħa, kull forma ta’

leave skont ir-Regolamenti dwar Dritt Minimu ta’ Leave Speċjali u

għal kull forma oħra ta’ leave ieħor li jista’ minn żmien għal żmien jiġi

TAL-IPPRESERVAR

stipulat f’Ordni ta’ Standard Nazzjonali jew f’regolamenti magħmula

taħt l-Att.

Laws of Malta — Subsidiary Legislation 452.150 — CANNING INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

The Canning Industry Wages Council Order and the

Canning Industry Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

CANNING INDUSTRY (CONDITIONS OF WORK)

thereunder.

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