PROFESSIONAL OFFICES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.162

PROFESSIONAL OFFICES (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 134 of 2026.

(1)

The title of this order is the Professional Offices

(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 office or undertaking or part of an undertaking the

activities of which consist wholly or mainly in employment in any of

the offices and establishments of the following

(a)

trade unions including associations of a similar

character, chambers of professionals and businesspersons and

other associations of a similar character;

(b)

offices of architects, engineers, lawyers, notaries

public, lotto receivers, accountants, book-keepers, auditors and

consultants in any branch of engineering, architecture, law and

accounting;

(c)

research and scientific establishments, except

laboratories attached to private hospitals;

(d)

market research units, advertising agencies,

establishments which receive funds from the public for

investment in unit trusts or which manage unit trusts, except

establishments carrying out wholly or mainly insurance

business

Provided that this Order shall not apply in respect

of employees whose remuneration for work is regulated by a

tariff established by law

Provided further 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 that

agreement or in this order shall apply.

In this Order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

*Not yet in force.

(CONDITIONS OF WORK)

Act;

"Category 1" includes charwoman or fatigueman,

watchman, chainman, messenger, receptionist;

"Category 2" includes telephone attendant or operator,

driver, printer;

"Category 3" includes clerk or clerk-typist, card puncher

operator, tracer or drawing office assistant, taker off, lotto

receiver assistant;

"Category 4" includes shorthand typist, bookkeeper or

accounts clerk, law clerk;

"Category 5" includes site supervisor, draughtsman,

quantity surveyor assistant or calculator, land surveyor, clerk of

works, artist, accountant, audit clerk;

"Category 6" includes trade unions’ or associations’

officers with executive powers;

"chainman" means an employee wholly or mainly

engaged in assisting a surveyor, whose duties may include the

setting of a theodolite and the taking of readings therefrom, but

does not include plotting;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"customary holidays" means the days, other than

Sundays, declared to be public holidays under the National

Holidays and other Public Holidays Act;

"double time" means twice the time rate applicable to the

employee;

"draughtsman" means an employee who is wholly or

mainly engaged in making original sketches, drawing of designs

from rough sketches and in the preparation of complete working

drawings. A draughtsman’s duties may include carrying out

outdoor field survey work and preparing estimates under the

direction of an architect, civil engineer, electrical, marine or

mechanical engineer or naval architect possessing the necessary

qualifications to practise the profession in Malta;

"half day" means a period of half the number of daily

working hours;

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

to it in the Act means;

(CONDITIONS OF WORK)

"law clerk" means a non-graduate who is employed to

assist a lawyer, a notary public or a legal procurator in the

formulation of pleadings or minutes of deeds or Public Registry

notes, effects researches at the Public Registry, keeps

appointments, records Court adjournments and otherwise helps

his principal in the discharge of his work;

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

over the age of fourteen (14) years but under the age of eighteen

(18) years and who is receiving training in any trade 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;

"normal hours of work" means the hours of work per

week agreed to between the employer and the employee in

accordance with the provisions of article 3;

"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;

"quantity surveyor assistant or calculator" means an

employee who is wholly or mainly engaged in the preparation

of estimates of works under the direction of an architect and

civil engineer or any electrical, marine or mechanical engineer

or quantity surveyor possessing the necessary qualifications for

the exercise of his profession in Malta;

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

it in the Organisation of Working Time Regulations;

"site supervisor" means an employee who assists an

architect, a civil engineer or any other engineer authorised to

practise in Malta in the supervision of work in progress on site;

"surveyor" means an employee engaged wholly or

mainly in the carrying out of surveys of lands and sites for

building and civil engineering purposes;

"taker off" means an employee who assists a quantity

surveyor assistant or calculator in his work and takes

measurements on site of work or from designs to scale, but does

not make any calculations.

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

applicable to the employee;

"tracer or drawing office assistant" means an employee

(CONDITIONS OF WORK)

who is wholly or mainly engaged in copying drawings and parts

made by a draughtsman by tracing them in ink or pencil upon

transparent paper or cloth, using T-squares, compasses, pens and

other drawing instruments;

"wages" means remuneration or earnings payable in

money 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.

The minimum weekly rate shall be related to a week of

(a)

not more than forty (40) hours of work, except in

the case of watchmen; or

(b)

not more than sixty (60) hours of work spread over

a six (6) day week, in the case of watchmen.

Whole-time employees shall not be paid less than the

following weekly wages

CATEGORY 1

watchpersons

€344.16

other employees

€229.44

CATEGORY 2

On engagement

€230.02

CATEGORY 3

During the first, second and

€231.19

third year of employment in the

category

During the fourth and

€233.52

subsequent years of employment

in the category

CATEGORY 4

During the first, second and

€232.35

third year of employment in the

category

(CONDITIONS OF WORK)

During the fourth and

€234.68

subsequent years of employment

in the category

CATEGORY 5

During the first, second

€235.85

and third year 

of employment in the category

During the fourth and

€238.18

subsequent years

of employment in the category

CATEGORY 6

During the first year of

€240.51

employment in the category

During the second year of

€245.16

employment in the category

During the third and

€249.92

subsequent years of employment

in the category

(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.

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations.

In the case of whole-time employees overtime shall be

payable at the following rates

(a)

on any one week,

time and a half;

for all time worked outside the

normal hours of work in excess of

forty (40) hours, excluding any

overtime paid in terms of the

following provisions ....................

(b)

for all time worked

double time;

on the weekly day of rest and on

the

customary

holidays

(c)

employees in Category 6 shall be required to work

(CONDITIONS OF WORK)

overtime without remuneration according to the exigencies of their

employment.

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 twenty (20) 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 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 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 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 calender

year.

(3)

A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further period of twenty (20)

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 to 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 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 terms of 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 under the Social Security Act.

(4)

The employer may require a medical certificate by a

physician of his choice to certify that an employee is 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 all, 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 under the Act.

The Professional Officers Wages Council Order and the

Professional Offices Wages Council Wage Regulation Order are

hereby repealed without prejudice to anything done or omitted to be

done thereunder.