Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Baħħara

GĦALL-BAĦĦARA

LEĠISLAZZJONI SUSSIDJARJA 452.160

ORDNI SABIEX JIRREGOLA L-KONDIZZJONIJIET

TA’ XOGĦOL GĦALL-BAĦĦARA

*

L-AVVIŻ LEGALI 132 tal-2026.

(1)

The title of this Order is the Seamen (Conditions

of Work) Regulation Order.

(2)

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

from its date of publication in the Government Gazette.

(3)

The provisions established in this order shall apply to all

employees employed on board ships regularly operating within the

territorial waters of Malta but excluding persons employed on board

fishing vessels or on foreign going ships

Provided that in the event that there is a collective

agreement applicable to the class of employees covered by this order,

the most favourable conditions in such agreement or in this order shall

prevail.

(4)

For the purpose of this order, any person who is

employed to carry out any duties the exercise of which requires a

licence in accordance with the Commercial Vessels Regulations should

be considered to be employed as such only if he holds the relative

licence required by such employment.

In this order unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"boatswain" means an employee responsible for

supervising deck crew and performing such other duties as may

be instructed by the ship’s officers;

"captain" or "master" means an employee who has

command of a vessel, is responsible for the safety of

passengers, crew, vessel and cargo, controls the speed and

directs the course of the vessel, supervises the work of the crew,

ensures maintenance and cleanliness, and directs subordinate

officers in the performance of their duties;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"coxswain" means an employee who steers, controls the

*Not yet in force.

speed of vessels and who may be in charge of a small craft;

"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

Provided that an employee shall not be entitled to

an extra holiday if the customary holiday falls on a non-working

day;

"double time" means twice the actual time rate applicable

to the employee;

"employee in Category A" means any whole-time

employee wholly or mainly engaged on board light duty tugs or

lighters;

"employee in Category B" means any whole-time

employee wholly or mainly employed on board heavy duty tugs;

"employee in Category C" means any whole-time

employee wholly or mainly employed on board any luzzu;

"employee in Category D'' means any whole-time

employee wholly or mainly employed on board a Gozo ferry;

"employee in Category E" means any whole-time

employee wholly or mainly employed on board yachts or

pleasure boats and includes any other whole-time employee, not

being an employee in any of the Categories A, B, C and D, to

whom this order applies;

"engine driver" means an employee who mainly operates

and maintains engines and other mechanical equipment;

"engineer" means an employee who is fully qualified to

operate, maintain and repair engines, motor pumps, condensers

and other mechanical and, or electrical equipment;

"Gozo ferry" means any ship or vessel engaged wholly or

mainly in the transport of passengers and, or cargo on a regular

schedule between Malta, Gozo and Comino;

"heavy duty tugs" means any tug employed in assisting

vessels within the harbours and territorial waters;

"hourly rate" means the result of the division of the

weekly wage of an employee by the number of hours to which

that employee is engaged to work;

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

to it in the Act;

"learner" means a person other than an apprentice, who is

over the age of fourteen (14) years and under the age of

eighteen (18) years, who is receiving training in any calling to

which this order applies, and in respect of whom the employer

holds a permit issued in accordance with the Employment and

Training Services Act;

"luzzu" means any vessel including Gozo boats but

excluding the Gozo ferry, engaged wholly or mainly on the

transport of cargo between any of the Maltese Islands;

"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;

"period of employment" shall have the same meaning as

assigned to it in the Act;

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

it in the Organisation of Working Time Regulations ;

"shift employee" means an employee who is engaged on

alternate day and night shift work on a regular cycle basis;

"territorial waters" means the territorial waters of Malta

as determined in accordance with the Constitution;

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

time rate applicable to the employee;

"week" means a calendar week;

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

assigned to it in the Act;

The minimum weekly wages of employees in Categories

A, B, C, D and E shall be related to a five (5) day week, to be

determined by the employer, of not more than

(a)

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

employees other than watchpersons; or

(b)

forty-eight (48) hours of work in the case of

watchpersons.

Whole-time employees who perform wholly or mainly

the duties ordinarily pertaining to the calling specified in any category

in the following Table, shall be entitled to the relative minimum

weekly wage specified hereunder

SEAMEN (CONDITIONS OF WORK)

Provided that any hours worked on a regular night shift

basis shall be compensated at the rate of one and one-fifth (1 1/5) the

hourly rate applicable to such employee.

Table of Minimum Wages

CATEGORY A

(Light duty tugs or lighters)

Coxswain

€235.85

Engine Driver

€234.68

Pumpman

€232.93

Watchperson

€275.33

Seaman or other calling

€232.35

CATEGORY B

(Heavy duty tugs)

Master

€244.00

Engineer

€240.51

Boatswain

€233.52

Greaser

€233.52

Watchperson

€275.33

Seaman or other calling

€232.93

CATEGORY C

(Luzzus)

Master

€244.00

Coxswain

€235.85

Engineer

€240.51

Engine Driver

€230.61

Watchperson

€275.33

Seaman or other calling

€232.35

CATEGORY D

(Gozo Ferry)

Captain

€253.83

Coxswain

€238.18

Boatswain

€235.85

First Engineer

€247.54

Second Engineer

€242.83

Third Engineer/Engine

€237.01

Driver

Seaman/Deckhand

€232.35

Watchperson

€275.33

Other calling

€232.35

CATEGORY E

(Yachts, pleasure boats, etc.)

Skipper/Captain

€245.16

Engineer

€240.51

Engine Driver

€235.26

Coxswain

€235.85

Boatswain/Mate

€233.52

Seaman/Deckhand

€231.19

Watchperson

€275.33

(1)

When the employee is required to wear a uniform

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

provided by the employer free of 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.

(1)

Whole-time employees other than watchpersons

shall be paid minimum rates of overtime as follows

A.

Monday to Saturday

(i)

for hours worked in

time and a half;

excess of eight (8) hours on any

one day........................................

(ii)

for hours worked on

time and a half.

the day of rest..............................

B.

Sundays

for

all

hours

double time.

worked............

C.

Customary holidays

(i)

for all hours worked

time and a half;

during the usual hours of work

which would have applied had the

day been an ordinary working

day...............................................

(ii)

for all other hours

double time.

worked on such days...................

(2)

Watchpersons shall be paid minimum rates of overtime

as follows

(i)

for any hours worked

time and a half;

in excess of forty-eight (48) hours

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

(ii)

for any hours worked

time and a half;

on a day of rest which is neither

Sunday nor a day substituted for

Sunday.........................................

(iii) for any hours of

double time.

work on the day of rest which is

either Sunday or a day substituted

for

Sunday.........................................

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 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 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 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 fifteen (15) 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 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 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)

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

of employment

Provided that the said entitlement shall be calculated pro

rata in accordance with 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 due to sick leave.

(5)

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

not more than two (2) months shall not interrupt the continuity of

service.

(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.

All whole-time employees, other than watchpersons,

shall be allowed adequate intervals for meals and rest of one hour in

the aggregate on any day on which the hours of work exceed six and a

half (6 ½) hours.

All employees shall be entitled to a rest period in

accordance with the Organisation of Working Time Regulations.

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 vessel or ship 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 work to be assigned to him;

(c)

solely by reason of the fact that he is resident

thereon.

Employees under this order 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 any regulations made

under the Act.

The Seamen Wages Council Order and the Seamen Wages

Council Wage Regulation Order are hereby repealed without prejudice

to anything done or omitted to be done thereunder.