TOBACCO MANUFACTURE INDUSTRY (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.157

TOBACCO MANUFACTURE INDUSTRY

(CONDITIONS OF WORK) REGULATION ORDER

*

LEGAL NOTICE 128 of 2026.

(1)

The title of this order is the Tobacco Manufacture

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 manufacture of

cigars, cigarettes, cheroots or pipe or other tobacco and any form of

processing of tobacco, whether by hand or by machine

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.

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 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;

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

time rate applicable to the employee;

*Not yet in force.

(CONDITIONS OF WORK)

"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;

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

assigned to it in the Act.

(1)

The hours of work of whole-time employees other

than watchpersons shall not exceed forty (40) hours in any one (1)

week

Provided that by mutual agreement between the employer

and the authorised representatives of the employees, the total number

of hours worked in any one week may be increased or decreased, as

long as the number of hours does not exceed either a maximum of

forty-two and a half (42½) hours, and nor a minimum of thirty-five

hours (35)

Provided further that the total weekly average over a

calendar year does not exceed an average of forty (40) hours per week.

(2)

The hours of work of whole-time watchpersons shall not

exceed fifty-four (54) in any one week of six (6) days.

(1)

The minimum weekly wage payable to whole-time

employees, other than watchpersons, shall be two hundred twenty nine

euro and forty-four cents (€229.44).

(2)

The minimum wage for watchmen shall be

(a)

three hundred and nine euro and seventy-four cents

(€309.74) for watchpersons whose duty is mainly performed

indoors;

(b)

three hundred and twelve euro and seven cents

(€312.07) for watchpersons whose duty is mainly performed

outdoors.

The minimum earnings by an employee engaged on

piece-work per week or any part thereof, shall not be less than the

minimum that would be earned if the employee was employed on a day

rate basis.

(1)

When the employee is required to wear a uniform

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

any charge by the employer.

(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.

(CONDITIONS OF WORK)

All 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

Provided that where the last half-hour of the period of

employment is allowed as a part of the hour of rest, the employee shall

be entitled to leave the place of work as soon as that half-hour

commences.

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

(1)

Whole-time employees, other than watchpersons,

shall be paid at time-and-a-half rates for overtime work performed on

weekdays, and at double-time for work performed on Sundays and

public holidays.

(2)

Watchpersons shall be paid at time-and-a-half rates for

time worked in excess of fifty-four (54) hours in a six (6) day week,

and at double time rates for all time worked on a Sunday or a public

holiday.

The employee shall be entitled to annual leave in

accordance with the Organisation of Working Time Regulations.

(1)

A whole-time employee shall be entitled to the

equivalent in hours of six (6) days sick leave 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, 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 submitted 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 established for sickness benefit entitlement at

(CONDITIONS OF WORK)

the rate determined in accordance with the Social Security Act.

(2)

A whole-time employee shall be entitled to the equivalent

in hours of a further six (6) 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 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 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 submitted 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 established for sickness benefit entitlement at the

rate determined in accordance with the Social Security Act.

(3)

A whole-time employee, after one year in employment,

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

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 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 submitted 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;

(CONDITIONS OF WORK)

(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.

(4)

A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further twelve (12) 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 is submitted 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 established for sickness benefit

entitlement at the rate determined in accordance with the Social

Security Act.

(5)

Sick leave entitlements shall apply from the first day of

employment

Provided that the said entitlements shall be calculated

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

(6)

The employer may require a medical certificate by a

physician of his own choice to certify that the employee was unfit for

work during the period of sick leave.

(7)

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.

(CONDITIONS OF WORK)

An employee shall be entitled to the wages applicable to

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

employer, or elsewhere 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 with his work, other

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

(c)

solely by reason of the fact that he is a resident

there; and

(d)

during normal meal times 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 Tobacco Manufacture Industry Wages Council Order

and the Tobacco Manufacture Industry Wages Council Wage

Regulation Order are hereby repealed without prejudice to anything

done or omitted to be done thereunder.