WHOLESALE AND RETAIL TRADES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.154

WHOLESALE AND RETAIL TRADES (CONDITIONS

OF WORK) REGULATION ORDER

*

LEGAL NOTICE 125 of 2026.

(1)

The title of this order is the Wholesale and Retail

Trades (Conditions of Work) Regulation Order.

(2)

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

from its date of publication in the Government.

(3)

The provisions established in this order shall apply to all

employees engaged in the wholesale, retail and ancillary trades

Provided that the provisions of this order shall not apply

to persons employed in bars, restaurants, coffee-houses, or any shop

run directly under the management of a hotel or club as part of its

amenities, or leased under contract for the purpose of enhancing those

amenities; nor to port workers and foremen of port workers

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

apply.

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 Employment and Industrial Relations Act;

"double-time" means twice the actual time rate

applicable to the employee;

"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;

*Not yet in force.

(CONDITIONS OF WORK)

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

it in the Organisation of Working Time Regulations.

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

time rates 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;

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

assigned to it in the Act;

"wholesale, retail and ancillary trades" means wholesale

merchants, distributors, importers, exporters, commission

agents, wholesale and marketing cooperatives, retailers, lending

libraries, auctioneers, hairdressers, consumers’ cooperatives and

photographic studios;

The minimum weekly remuneration payable to whole-

time employees shall be related to a week of not more than forty (40)

hours distributed over six (6) days

Provided that the hours of work of watchmen shall be

related to a week of not more than sixty (60) hours distributed over six

(6) days.

(1)

The minimum weekly wage payable to whole-time

employees, other than watchpersons, shall be two hundred thirty euro

and sixty-one cents (€230.61), subject to the provisions of article 4 of

this order.

(2)

(a)

Watchpersons whose duties are mainly

performed indoors shall be entitled to the minimum wage of

three hundred and forty-five euro and ninety-two cents (€345.92);

(b)

Watchpersons whose duties are mainly performed

outdoors shall be entitled to the minimum wage of three hundred

and forty-eight euro and twenty-four cents (€348.24).

(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 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.

(CONDITIONS OF WORK)

All whole-time employees shall be allowed intervals for

meals and rest of not less, in the aggregate, than one (1) hour on any

one day.

All employees shall be entitled to a rest period in

accordance with the Organisation of Working Time Regulations.

(1)

Whole-time employees other than watchpersons

shall be entitled to overtime remuneration as follows

(a)

for all hours of work in excess of the normal hours

of work in accordance with article 4 of this

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

(b)

for all hours of work on Sundays and customary

holidays..................................................................

double-

time;

(c)

for all hours of work in any calendar week

exceeding the number of working hours stipulated in the

contract of service, being not more than forty (40) hours,

excluding from such number the following

(i)

all time paid for under the foregoing

provisions of this article; and

(ii)

the number of hours during which an

employee is on holiday, sick leave or is absent from work

without remuneration subject to a maximum of seven (7)

hours in respect of any whole day.......................... time-

and-a-half

Provided that the Director may authorize

an employer in writing to pay overtime to specified

employees or groups of employees only in respect of

hours of work exceeding a weekly average of the number

of working hours stipulated in the contract of service,

being not more than forty, calculated over such number

of consecutive weeks as the Director may deem

reasonable; and in that case the provisions of paragraph

(a) of this article shall not apply.

(2)

Watchpersons shall be entitled to overtime

remuneration as follows

(a)

for all hours of work by watchpersons in excess of

ten (10) hours daily or in excess of sixty (60) hours in a period

of six (6) consecutive days...........................................time-and-

a-half;

(b)

for all hours of work by watchpersons on the

(CONDITIONS OF WORK)

seventh (7th) day, day of rest...............................................

double-time.

(1)

Employees in respect of whom this order applies

shall be required to work on Sundays only if they have given their

written consent to work on Sundays to their employer.

(2)

Only employees who give their consent in terms of this

article shall be required to work on Sundays. These employees shall be

paid in accordance with article 8 of this order.

(3)

No employee shall be subject to any disadvantage, threat

or actual dismissal by his employer on account that he is not willing to

give his consent to work on Sundays in terms of this article.

(4)

This article shall not apply to employees who are required

to work on Sundays by virtue of a pre-requisite in their contract of

employment or in the written statement drawn up in accordance with

the Act and any subsidiary legislation made thereunder.

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 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

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.

(CONDITIONS OF WORK)

(2)

A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further thirty-six (36) 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 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 shall apply from the first day of

employment

Provided that the said entitlement 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.

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.

The Wholesale and Retail Trades Wages Council Order

and the Wholesale and Retail Trades Wages Council Wage Regulation

(CONDITIONS OF WORK)

Order are hereby repealed without prejudice to anything done or omitted

to be done thereunder.