TRAVEL AND INSURANCE AGENCIES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.155

TRAVEL AND INSURANCE AGENCIES

(CONDITIONS OF WORK) REGULATION ORDER

*

LEGAL NOTICE 126 of 2026.

(1)

The title of this order is Travel and Insurance

Agencies (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 part of an undertaking, the activities

of which consist wholly or mainly in the provision of services relating

to travel, including freight by sea or air, insurance, estate agency

activities, and employment of watchpersons, telephone operators and

other persons employed by shipping agents, travel agents or

contractors on board ships whilst in the territorial waters of Malta

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

prevail.

(1)

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;

"calendar year" is a period of twelve (12) months starting

from 1st January and ending on the 31st December;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"day" in the case of night shift employees means a period

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

means a period running from 12:00a.m. on one day to

12:00a.m. on the following day;

*Not yet in force.

(CONDITIONS OF WORK)

"Director" shall have the same meaning as assigned to it

in the 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;

"industrial employee" means an employee employed

wholly or mainly on manual or fatigue duties and includes

messengers, handymen, fatiguepersons and watchpersons;

"non-industrial employee" means an employee employed

wholly or mainly on clerical duties and includes booking-clerk,

accounts-clerk, shed-clerk, shorthand-typist, telephone-operator,

telephone typist, reservation and sales clerk, andincludes a

courier or representative;

"night shift" means any period of employment that

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

of the 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;

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

"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.

(2)

For the purpose of calculating the average weekly hours

of work for the purpose of this order, unless the context otherwise

requires, account shall be taken of the uninterrupted period of

employment during the particular calendar year.

(1)

With

regard

to

whole-time

non-industrial

(CONDITIONS OF WORK)

employees

(a)

the minimum weekly wage of whole-time non-

industrial employees except a courier or representative shall be

related to a five (5) day week from Monday to Saturday of not

more than forty (40) hours of work, exclusive of overtime

calculated on an average for one (1) calendar year, in a way that

the employee shall have one day free from work between

Monday and Saturday inclusive, provided that normal work on

Saturdays shall be carried out only until 1.00 p.m.

(b)

in the case of a courier or representative the

working week shall consist of forty (40) hours distributed over

a period of six (6) days, from Monday to Sunday.

(2)

The minimum weekly wage of whole-time industrial

employees except watchpersons shall be related to a week of not more

than forty (40) hours of work, exclusive of overtime, calculated on an

average for one (1) calendar year.

(3)

The minimum weekly wage of watchpersons shall be

related to a week of not more than forty-eight (48) hours of work, and

no watchperson shall be required to work for more than forty-eight

(48) hours in any one (1) week.

(4)

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

all categories or for different categories of employees in the same

establishment, as the case may be, shall be submitted in writing by

registered letter to the Director and shall, when so notified and

provided that it complies in all respects with the provisions of this

order and 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 as aforesaid, 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 be

effected by the employer after the prior notification in writing

of such changes to the Director.

The minimum weekly wages payable to whole-time

employees shall be the following

(i)

industrial employees................................ €229.44;

(CONDITIONS OF WORK)

(ii)

non-industrial employees

during the first (1) year of

€229.44;

employment in the establishment

during the second (2) year

€231.77;

of

employment

in

the

establishment ......

during the third (3) year of

€234.10;

employment in the establishment

.....

during the fourth (4) year

€238.76.

of employment

in the establishment ...

(1)

When the employee is required to wear a uniform

in the carrying out of the employee’s 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.

All whole-time employees, other than watchpersons, shall

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

than one (1) hour every day

Provided that the interval for mid-day lunch shall not

exceed two (2) hours.

All employees shall be entitled to a rest period in

accordance with the Organisation of Working Time Regulations.

(1)

Overtime shall be payable in respect of all whole-

time employees,

excluding watchpersons and a courier or

representative

(a)

for all time worked

time-and-a-half;

in excess of normal working hours

as established in accordance with

the provisions of article 3, at the

rate of....

(b)

for all-time worked

time-and-a-half;

in excess of nine (9) hours in any

one (1) day, exclusive of any rate

paid in accordance with paragraph

(a), and for all work performed

after 1.00 p.m. on Saturday, at the

rate of ....

(CONDITIONS OF WORK)

(c)

for all time worked

double time.

on Sundays and customary

holidays, at the rate of ......

(2)

Paragraphs (a) and (b) of sub-article (1) shall not apply to

workers on night shift duty.

(3)

Overtime rates for a courier or representative shall be as

follows

(a)

for all time worked in

time-and-a-half;

excess of forty (40) hours in a week of

six (6) days or of seven (7) hours in any

one (1) day ...............

(b)

for all time worked on

double time.

customary holidays and the weekly day

of rest ......

An employee shall be entitled to a night-shift allowance

of one-thirtieth (¹∕₃₀) of his weekly wage for each night shift he works,

provided that a minimum allowance of one-fifteenth (¹∕₁₅) of the

weekly wage shall be payable in any one week in which night-shift

work is performed.

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 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 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

(CONDITIONS OF WORK)

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)

Sick leave entitlements 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.

(3)

A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further period of fifteen (15)

days sick leave on half pay, less an amount equal to half the sum

established for sickness benefit entitlement at the rate established 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 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 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.

(4)

The employer may require a medical certificate by a

physician to certify that the employee was 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.

For the purposes of articles 10 and 11, any period of

incapacity for work due to sickness not exceeding thirty (30) days shall

not interrupt the continuity of service.

(CONDITIONS OF WORK)

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 Travel and Insurance Agencies Wages Council Order

and the Travel and Insurance Agencies Wages Council Wage

Regulation Order are hereby repealed without prejudice to anything

done or omitted to be done thereunder.