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TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

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Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.158

TEXTILES AND RELATED INDUSTRIES

(CONDITIONS OF WORK) REGULATION ORDER

*

LEGAL NOTICE 129 of 2026.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

(1)

The title of this order is the Textiles and Related

Industries (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 in any of the following

(a)

the manufacture or processing, including the

spinning, weaving, knitting, finishing and any other process

incidental to the foregoing, of natural, artificial or man-made

fibres and fabrics; and

(b)

the manufacture of articles from fibres and

fabrics

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.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

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;

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

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

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

of the next following day;

"double-time" means twice the actual time rate

*Not yet in force.

(CONDITIONS OF WORK)

applicable to the employee;

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

to it in the Act;

"night shift" means any period of employment that

includes any hours from 10:00p.m. of one day to 6:00a.m. of the

next following day;

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

assigned to it in the Act;

"part-time watchperson" means an employee employed as

a watchperson for not more than thirty-six (36) hours a week;

"period of employment" shall have the same meaning as

assigned to it in the Act;

"shift employee" means an employee who regularly

works on a shift cycle basis;

"time and a half" means one and a half times 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.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

The minimum weekly wages shall be related to a week of

not more than

(a)

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

employees other than watchpersons, to be performed in a week

of five (5) days;

(b)

fifty-four (54) hours of work in the case of

watchpersons, exclusive of overtime, distributed over six (6)

days.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

Whole-time employees shall be entitled to the following

minimum weekly wages

(a)

watchpersons

(CONDITIONS OF WORK)

(i)

whose duties are mainly performed

indoors.............................................................. €309.74;

(ii)

whose duties are mainly performed

outdoors............................................................ €312.07;

(b)

other whole-time employees.................. €229.44;

(c)

shift employees

(i)

in the case of employees assigned work on

a three (3) shift cycle and in consideration of the periods

of night work, an allowance shall be paid to them

equivalent to one-tenth of the normal rate. In the case of

employees on a two (2) shift basis a shift allowance shall

be paid to them equivalent to one-twelfth of their normal

rate;

(ii)

unless every weekly night shift is followed

by two (2) consecutive weekly day shifts, such further

night shift or shifts shall entitle employees to an extra

remuneration amounting to not less than one-fourth (1/4)

of their normal rate of pay.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

In the case of whole-time employees on piece-work the

minimum piece-rate of wages shall be such that no employee shall

earn, when employed on such work, less than the appropriate time rate

pro rata specified in article 4.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

(1)

When the employee is required to wear a uniform

in the performance of the employee’s duties, such uniform shall be

provided free of 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 free of charge by the

employer.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

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

(a)

subject to the provisions of paragraph (b) of this

proviso, the interval or intervals shall be allowed after the first

or before the last hour of the period of employment; and

(b)

where the last half hour of the period of

employment is allowed as a half hour of rest, the employee

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

hour commences.

(CONDITIONS OF WORK)

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations

Provided that where a shift system precludes the

allowance of two (2) days of rest in any one (1) week in any cycle,

employees shall be allowed one (1) day of rest in that particular week,

and shall be paid at the rate of time and a half for any one of the other

working days of the week.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

(1)

In the case of all whole-time employees, other than

watchpersons, overtime shall be payable as follows

(a)

for all time worked in excess of eight (8) hours on

any day, and for all time worked on the first pre-determined day

of rest of the week...............................................time and a half;

(b)

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;

(c)

for all time worked on Sundays or on the second or

only pre-determined day of rest of the week............double time;

(d)

for all hours of work on customary holidays, in

addition to the normal hourly wage.........................double time

Provided that where a customary holiday falls on a

Sunday or another day of rest, overtime shall be paid only at

double-time.

(2)

In the case of watchpersons, overtime shall be payable as

follows

(a)

for all time worked in excess of nine (9) hours on

any day............................................................... time and a half;

(b)

for all time worked in excess of fifty-four (54)

hours in any week of six (6) consecutive days.... time and a half;

(c)

for all time worked on the second (2nd) or only

predetermined day of rest of the week and on a customary

holiday................................................................... double-time.

(3)

Notwithstanding the provisions of sub-articles (1) and

(a)

shift employees shall not be entitled to overtime

payment for time worked during the normal shift on Sundays, or

on a day of rest;

(b)

when a customary holiday falls on a working day,

(CONDITIONS OF WORK)

overtime at time and a half shall be payable to whole-time

employees, other than watchpersons, for work in excess of forty

(40) hours during that week less the number of hours that would

have normally been worked on such a day by that employee;

(c)

in the case of watchpersons, when a customary

holiday falls on any day from Monday to Saturday, overtime at

time and a half shall be payable to them for work in excess of

forty-five (45) hours during that week.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (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 452.158 — TEXTILES AND RELATED INDUSTRIES (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 set 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 is produced to the employer on the day of return to

work or, if such period of absence exceeds seven days (7),

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 set 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 twelve (12) days sick

leave on half pay, less an amount equal to half 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 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

(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 is 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.

(3)

Sick leave entitlements shall apply from the first (1) day

of employment

Provided that said entitlements shall be calculated pro

rata in accordance with the date of employment in the relative calendar

(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)

Whole-time employees employed for less than one (1)

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

months in employment.

(6)

For the purposes of this article, a break in employment of

not more than thirty (30) days, except than at the employee’s request

shall not interrupt the continuity of service.

(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.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

An employee shall be entitled to the payment of the

minimum 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;

(CONDITIONS OF WORK)

(c)

solely by reason of the fact that he is resident

thereon;

(d)

during normal meal times in a room or place in

which no work is being carried out, and he is not waiting for

any work to be assigned to him.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

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 regulations made under the Act.

Laws of Malta — Subsidiary Legislation 452.158 — TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

The Textile and Allied Industries Wages Council Order

and the Textiles and Allied Industries Wages Council Wage Regulation

Order are hereby repealed without prejudice to anything done or omitted

to be done thereunder.

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