HOTELS AND CLUBS (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.165

HOTELS AND CLUBS (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 137 of 2026.

(1)

The title of this order is the Hotels and Clubs

(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 engaged in hotels, tourism accommodation establishments,

clubs, coffee shops, bars and restaurants

Provided that hotels shall include any bar, restaurant or

shop operated directly by the management of the hotel as part of that

hotel

Provided further that clubs shall include any bar,

restaurant or shop operated either directly by the management of the

club or under a contract, for the purpose of enhancing the amenities of

the club

Provided further that the term ''tourism accommodation

establishments'' shall have the same meaning as assigned to them in

the Tourism Operations (General) Regulations

Provided further 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 that agreement or in this order shall

prevail.

PART I

Employees in Hotels and Tourism Accommodation Establishments

This Part shall apply to employees in hotels and tourism

accommodation establishments.

Subject to the provisions of articles 6, 7 and 8, the

minimum weekly remuneration for all employees to whom this Part

applies shall be related to a week of not more than

(a)

forty (40) hours of work spread over six (6) days

for a maximum of thirteen (13) weeks to be availed of between

the last week in June and first week in October and thirty-nine

*Not yet in force.

(CONDITIONS OF WORK)

(39) hours of work spread over five (5) days for the rest of the

year in the case of all employees other than watchpersons and

musicians;

(b)

sixty (60) hours of work in the case of

watchpersons; and

(c)

thirty (30) hours of work in the case of musicians.

(1)

Subject to the provisions of articles 3, 6, 7 and 8,

the minimum weekly remuneration payable to whole-time employees,

other than watchpersons and musicians, shall be the appropriate rate

established in Columns 1, 2 or 3 thereof

RATES PER WEEK

Column 1

Column 2

Column 3

Where the

Where the

Where neither

employer

employer

column 1 nor

supplies one

supplies two

column 2 is

(1) main meal

(2) main

applicable.

per day.

meals per day.

€229.37

€227.97

€230.61

Provided that Column 1 or 2 only apply where the meal or

meals are supplied by the employer in agreement with the employee.

(2)

The minimum weekly

remuneration

payable

to

watchpersons shall be as follows

(a)

watchpersons whose duties are mainly performed

indoors.......................................................................... €345.92;

(b)

watchpersons whose duties are mainly performed

outdoors........................................................................ €348.24.

(3)

The minimum weekly remuneration payable to musicians

shall be €247.54.

(a)

All whole-time employees, other than musicians,

shall be allowed intervals of not less in the aggregate, than one (1) hour

for meals and rest in any day on which the hours of work exceed five

and a half (5½) hours .

(b)

Whole-time musicians shall be allowed intervals of not

less in the aggregate, of half an hour for rest in any day.

(CONDITIONS OF WORK)

Whole-time employees employed on maintenance work

shall be entitled to overtime remuneration as follows

(a)

for all time worked on Sundays and customary

holidays................................................................. double-time;

(b)

for all time worked in any week in excess of the

hours as indicated in article 3(a), exclusive of any time paid for

at overtime rates................................................time and a half

Provided that in any week which includes a customary

holiday, overtime shall be payable for work in excess of thirty-six (36)

hours for a maximum of thirteen (13) weeks between the last week in

June and first week in October in the case of employees working a six

(6) day week and thirty-one and one quarter (31¼) hours during the

rest of the year in the case of employees working a five (5) day week,

exclusive of any time paid for at overtime rates.

Whole-time employees, other than those employed on

maintenance work, shall be entitled to the following overtime

remuneration

(a)

for all time worked in excess of seven and one

quarter (7¼) hours daily for a maximum of thirteen (13) weeks

between the last week in June and first week in October or

seven and three quarters (7¾) hours daily during the rest of the

year................................................................... time-and-a-half;

(b)

for all time worked in excess of the weekly hours

of work as indicated in article 3(a), exclusive of any time paid

for under paragraph (a)..................................... time-and-a-half

Provided that employees shall be entitled to

overtime payment for hours worked in excess of thirty-nine

(39) hours per week only if the average hours of work in a

whole calendar year exceeds an average of forty (40) hours per

week;

(c)

for all time worked on each day of rest... double-

time;

(d)

in the case of watchpersons

(i)

for all time worked in excess of ten (10)

hours on any day..................................... time-and-a-half;

(ii)

for all time worked on each day of rest and

customary holidays...................................... double-time

Provided that

(i)

the Director may authorise an employer in

(CONDITIONS OF WORK)

writing, to pay overtime to specified employees, or groups of

employees, in respect only of the hours of work in excess of the

weekly average of forty-three (43) hours or thirty-nine (39)

hours, as the case may be, calculated over a period including

such a number of consecutive weeks as the Director may deem

reasonable, and in such case the provisions of paragraph (a)

shall not apply;

(ii)

the hours of work in relation to any one employee

acting as night porter on any day in any one establishment shall

include only half the time included in a sleeping period.

Whole-time musicians shall he entitled to overtime

remuneration as follows

(a)

for all time worked in excess of five (5) hours

daily.................................................................. time-and-a-half;

(b)

for all time worked in excess of thirty (30) hours in

any one week..................................................... time-and-a-half;

(c)

for all time worked on the weekly day of

rest.......................................................................... double-time.

PART II

Employees in Clubs

This Part shall apply to employees in clubs.

Subject to the provisions of articles 13 and 14 of this

order, the minimum weekly remuneration for all whole-time employees

shall be related to a week of not more than

(a)

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

employees except watchpersons;

(b)

sixty (60) hours in the case of watchpersons.

(1)

The minimum weekly remuneration payable to

whole-time employees, other than watchpersons, shall be two hundred

twenty-nine euro and forty-four cents (€229.44)

(2)

The minimum weekly remuneration payable to watchmen

in clubs shall be as follows

(a)

those whose duties are mainly performed

indoors.......................................................................... €344.16;

(b)

those whose duties are mainly performed

outdoors......................................................................... €346.49.

(CONDITIONS OF WORK)

All whole-time employees shall he entitled to overtime

remuneration as follows

(a)

for all time worked in excess of six and three

quarter (6 ¾) hours........................................... 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 the weekly day of

rest.........................................................................double- time;

(d)

in the case of watchpersons

(i)

for all time worked in excess of ten (10)

hours on each one day............................. time-and-a-half;

(ii)

for all time worked on each day of rest and

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

Provided that

(i)

the Director may authorise an employer in writing

to pay overtime to a specified employee or group of employees

in respect only of the hours of work in excess of a weekly

average of forty (40) hours calculated over such a number of

consecutive weeks as the Director may deem reasonable, and in

that case the provisions of paragraph (a) shall not apply;

(ii)

the hours of work in relation to one (1) employee

acting as night porter on any day in any one establishment shall

include only half the time included in a sleeping period.

Employees working on a system of split shifts shall be

entitled to an additional payment of fifty cents (50c) per day worked

on such system.

PART III

Employees in Coffee Shops, Bars and Restaurants

This Part shall apply to all employees in coffee shops,

bars and restaurants.

In this Part, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"half day" means a period of twelve (12) consecutive

hours ending at 1:00 p.m. or 1:00 a.m., except in the case of

bars and restaurants where it ends at 2:00 p.m. or 2:00 a.m.

(CONDITIONS OF WORK)

respectively;

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

assigned to it in the Act;

"restaurant" means an establishment where meals are

prepared for consumption by customers on the premises;

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

assigned to it in the Act.

Subject to the provisions of article 20, the minimum

weekly remuneration payable to whole-time employees, other than

watchpersons, shall be related to a week of not more than forty (40)

hours of work and, in the case of watchpersons, to a week of not more

than sixty (60) hours of work.

Subject to the provisions of article 16 the minimum

weekly remuneration payable to whole-time employees shall be as

follows

(a)

whole-time employees in restaurants, other than

watchmen, shall be two hundred and thirty-euro and sixty-one

cents (€230.61)

Provided that the employer shall have the right to

deduct twenty-three cents (23c) from the rate indicated in

Column 2 above for every day on which the employer, in

agreement with the employee, provides one main meal to the

employee;

(b)

whole-time employees, other than watchmen or

employees in restaurants, to whom this order applies shall be

entitled to the appropriate rate of remuneration indicated in

Column 2 thereof.

Whole-time employees, other

than

watchpersons,

in

establishments other than restaurants

Column 1

Column 2

€230.61

(c)

watchpersons shall be paid as follows

(i)

those whose duties are mainly performed

indoors.................................................................€345.92;

(ii)

those whose duties are mainly performed

outdoors...............................................................€348.24.

(CONDITIONS OF WORK)

All whole-time employees shall be allowed intervals of

not less in the aggregate, than one hour for meals and rest every day.

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations

Provided that this article shall not apply in respect of any

week in which an employee is employed on a Sunday or customary

holiday and is paid at double-time in accordance with the provisions of

article 20.

Whole-time employees shall be entitled to overtime

remuneration as follows

(a)

for all hours of work in excess of eight (8) hours

on any day from Monday to Saturday............... time-and-a-half;

(b)

for all hours of work on Sundays and customary

holidays..................................................................double-time;

(c)

for all hours of work in any calendar week in

excess of the number of working hours stipulated in the

contract of service, being not more than forty (40) hours, but

excluding from such number

(i)

all time paid for under the foregoing

provisions of this article; and

(ii)

the number of hours during which an

employee is on holiday, sick leave or is absent from work

without remuneration subject to a maximum of seven (7)

hours in respect of any whole day........... time-and-a-half

Provided that the Director may authorise

an employer in writing, to pay overtime to specified

employees or groups of employees only in respect of

hours of work in excess of a weekly average of the

working hours stipulated in the contract of service, which

shall not exceed forty (40), calculated over such number

of consecutive weeks as the Director may deem

reasonable; and in such case paragraph (a) shall not

apply;

(d)

(i)

for all hours of work by watchpersons in

excess of ten (10) hours daily or in excess of sixty (60) hours in

a period of six (6) consecutive days...................time-and-a-half;

(ii)

for all hours of work by watchpersons on the

seventh (7th) day (day of rest)................................ double-time.

(CONDITIONS OF WORK)

(1)

A whole-time employee shall in every calendar

year be entitled to sick leave on full pay equivalent in hours of fifteen

(15) days, less an amount equal to the sickness benefit entitlement at

the rate established in accordance with the Social Security Act. Part-

time employees shall be entitled to sick leave in hours on full pay on a

pro rata basis, less an amount equal to sickness benefit entitlement at

the rate established in accordance with the Social Security Act

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 sick

leave shall be submitted to the employer on the day of return to

work or, if such period of sick leave is longer than 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 due, be deemed to have received an amount equal to the

sum established for sickness benefit entitlement at the rate set 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 thirty-six (36) days sick

leave on half pay, less an amount equal to half the sum established for

sickness benefit entitlement at the rate set 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 set 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 sick

leave shall be submitted to the employer on the day of return to

work or, if such period of sick leave is longer than 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 due, be deemed to have received an amount equal to half

(CONDITIONS OF WORK)

the sum established for sickness benefit entitlement at the rate

set in accordance with the Social Security Act.

(3)

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.

(4)

The employer may require a medical certificate by a

physician of his own choice to certify that the employee is not fit for

work during the period of such 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.

PART IV

Minimum Weekly Rest, Sick Leave and Time Spent on the Premises of

the Employer

This Part shall apply to all employees in hotels, clubs,

guest houses, holiday complexes, tourist villages and licensed holiday

In this Part unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"maintenance work" means such work, connected with

the maintenance and functioning of a hotel as is normally done

by fitters, plumbers, carpenters, painters, plasterers,

electricians, and handymen, and includes any work done in a

power house or boiler room;

"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;

"sleeping period" means a period not exceeding six (6)

consecutive hours fixed by the employer, during which a

whole-time employee acting as night porter is provided with

adequate sleeping accommodation, permitted to sleep, but is

also required to render occasional service;

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

assigned to it in the Act.

(CONDITIONS OF WORK)

All employees shall be entitled to a weekly rest period in

accordance with to the Organisation of Working Time Regulations.

(1)

A whole-time employee shall in every calendar

year be entitled to the equivalent in hours of eighteen (18) days sick

leave on full pay, less an amount equal to the sum established for

sickness benefit entitlement at the rate set 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 is also to be

calculated on a pro rata basis

Provided that

(a)

the first three days (3) of any claim for sick leave

shall be paid in full by the employer;

(b)

a medical certificate covering the period of sick

leave shall be submitted to the employer on the day of return to

work or, if such period of sick leave is longer than 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 due, be deemed to have received an amount equal to the

sum established for sickness benefit entitlement at the rate set 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)

The employer may require a medical certificate by a

physician of his own choice to certify that the employee is not fit for

work during the period of sick leave.

(4)

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.

An employee shall be entitled to the payment of the

minimum remuneration applicable to him for all the time during

which he is present on the premises of his employer or in any other

place in connection with his employment unless he is present thereon

in any of the following circumstances

(CONDITIONS OF WORK)

(a)

without the employer’s express or implied

consent;

(b)

for a purpose unconnected with his work, other

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

(c)

solely by reason of his residence thereon;

(d)

during recognised breaks for meals and rest, and

he is not waiting for work to be assigned to him.

PART V

Forms of Leave, Uniform Allowance, Tips, and Repeal and Saving

This Part shall apply to all employees in hotels, clubs,

guest houses, holiday complexes, tourist villages, licensed holiday

flats, coffee shops, bars and restaurants.

In this Part 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 holiday by or

under the National Holidays and other Public Holidays Act;

"double-time" means an amount equal to twice the

employee’s minimum time rate, calculated as if no meals, if

any, were provided;

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

to it in the Act;

"main meal" means lunch or dinner and breakfast or tea;

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

it in the Organisation of Working Time Regulations;

"time and a half" means an amount equal to one and a

half times the minimum time rate, calculated as if no meals, if

any, were provided;

"wages" means remuneration or earnings, payable by an

employer to an employee and includes any bonus payable in

accordance with article 23 of the Act other than any bonus or

allowance related to performance or production;

"week" means a calendar week.

The employee shall be entitled to annual leave in

accordance with to the Organisation of Working Time Regulations.

(CONDITIONS OF WORK)

(1)

When the employee is required by the employer to

wear a uniform in the performance of his duties, the employer shall

provide such uniform 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 free of charge by the employer.

The minimum rates prescribed by this order shall in no

case include any tips which are earned by the employees in the course

of their duties.

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.

The Hotels and Clubs Wages Council Order and the

Hotels and Clubs Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.