Legislator Case Law & Legislation
sl_452.170 MT

DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

15 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (15)

Statutory Text (15 Articles)

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.170

DOMESTIC SERVICE (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 142 of 2026.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

The title of this order is the Domestic Service

(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

in private households engaged in domestic duties, such as servants,

maids, housekeepers, cooks, butlers, valets, handymen, cleaners,

charwomen, washerwomen, babysitters, nursemaids and other persons

employed in related work, including chauffeurs, gardeners and similar

occupations connected with the household

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 that agreement or in this order shall

apply

Provided further that in this sub-article ''private

households'' includes charitable institutions, monasteries and convents

but does not include any hospital, clinic, nursing home, institute of

medico-surgical treatment, maternity home or hydropathic

establishment, home for elderly persons or schools run by any such

households.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

In this order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"customary holidays" means the days, other than

Sundays, declared for the time being to be public holidays

under the National Holidays and other Public Holidays Act;

"day" means a period of twenty-four (24) consecutive

hours;

"double pay" means double the actual day’s pay

*Not yet in force.

(CONDITIONS OF WORK)

applicable to an employee;

"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;

"meals" means morning coffee, lunch, afternoon tea and

supper;

"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;

"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;

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

assigned to it in the Act.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

For the purposes of this order, there shall be six (6)

groups of workers in domestic service, as follows

(a)

GROUP 1 shall consist of workers engaged on a

monthly basis who sleep in their employer’s house on not less

than seventeen (17) nights in any month;

(b)

GROUP 2 shall consist of workers engaged on a

monthly basis who sleep in their employer’s house on less than

seventeen (17) nights in any month or not at all;

(c)

GROUP 3 shall consist of workers engaged on a

weekly basis who sleep in their employer’s house on not less

than four (4) nights in any week;

(d)

GROUP 4 shall consist of workers engaged on a

weekly basis who sleep in their employer’s house on less than

four (4) nights any week or not at all;

(e)

GROUP 5 shall consist of workers who are

engaged on a daily basis;

(f)

GROUP 6 shall consist of workers who are

engaged on an hourly basis.

(CONDITIONS OF WORK)

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

The hours of work of workers in Groups 1 and 3 on days

when they do not sleep in their employer’s house, of workers in

Groups 2 and 4 on such days, and of workers in Group 5, shall not

exceed eight (8) in any day but not more than forty (40) hours in any

week, exclusive of breaks for meals and rest.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

The minimum wages of workers shall be as follows

Whole-time employees

Workers in Group 1

€1,016.37 per month

Workers in Group 2

€1,000.08 per month

Workers in Group 3

€234.68 per week

Workers in Group 4

€232.93 per week

Part-time employees

Workers in Group 5

€38.82 per day

Workers in Group 6

€5.82 per hour

Provided that where employment exceeds four (4) hours

in any one (1) day payment shall in no case be less than the equivalent

of a day’s work

Provided further that any part-time worker who qualifies

as a whole-time employee in accordance with article 4 shall be entitled

to the full weekly wage applicable under this article, notwithstanding

that the worker works for less than six (6) days.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

Workers in Groups 1, 2, 3, and 4 on days when they

do not sleep in their employer’s house and workers in Group 5 shall

be entitled to payment at time-and-a-half for all time worked in

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

excess of forty (40) hours in any one week.

(2)

Workers who work on a customary holiday shall be

entitled to double pay for one day’s work and payment at double time

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

(3)

Workers who work on their weekly day of rest shall be

entitled to payment at double-time for all time worked.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

Workers in Groups 1 and 3, on days when they

sleep in their employer’s house, and workers in Groups 2 and 4 on

such days shall be entitled to all meals; and on those days when they

do not sleep in their employer’s house, they shall be entitled to all

meals except supper.

(2)

Workers in Group 5 shall be entitled to all meals except

supper.

(3)

Workers in Group 6 shall be entitled to coffee or tea after

working for not less than two (2) hours and shall be further entitled to

(CONDITIONS OF WORK)

lunch or supper, as the case may be, after working in the aggregate for

not less than five (5) hours.

(4)

Workers in Groups 1 and 3 on days when they do not

sleep in their employer’s house, workers in Groups 2 and 4 on such

days and workers in Group 5, shall be entitled to supper when their

hours of work in excess of eight (8) in any day exceed three (3)

Provided that workers in Groups 1 and 2 shall have forty-

eight euro thirty-six cents (€48.36) deducted monthly from their

minimum wage, workers in Groups 3 and 4 shall have eleven euro and

sixteen cents (€11.16) deducted weekly from their minimum wage, and

workers in Group 5 shall have one euro eighty-six cents (€1.86)

deducted daily from their minimum wage, as compensation for meals

to which they shall be entitled as aforesaid

Provided further that workers in Group 6 shall have no

deduction from their minimum wage as compensation for meals to

which they may be entitled as long as they are not entitled to a day’s

pay in which case they shall have one euro and sixty-one cents (€1.61)

deducted from their minimum wage

Provided further that workers in Groups 1, 2, 3 and 4 shall

not be considered to have made use of their right to any meals as

aforesaid during periods of customary holidays, leave and sick leave to

which they are entitled, and a relevant deduction in compensation for

meals shall be made from their minimum wage

Provided further that if workers do not avail themselves

of their right to any meals as aforesaid, they shall not be entitled to any

pecuniary compensation in substitution therefor.Uniform allowance.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

When the employee is required to wear a uniform

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

employer free of any 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.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

Workers in Groups l and 3 on days when they sleep

in their employer’s house and workers in Groups 2 and 4 on such days,

shall be entitled to a minimum daily rest period of three (3) hours in the

aggregate in every day, the time or times of such rest to be fixed by the

employer in agreement with the employee.

(2)

Workers in Groups 1 and 3 on days when they do not

sleep in their employer’s house and workers in Groups 2 and 4 on such

days, and workers in Group 5, shall be allowed intervals for meals and

rest of not less than forty-five (45) minutes in the aggregate on any one

day.

(CONDITIONS OF WORK)

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

Workers in Groups 1, 2, 3 and 4 shall be entitled to a

day’s rest in every week, such day of rest shall be determined by the

employer in agreement with the employee

Provided that in special cases with the consent of both

employer and employee, a worker shall be entitled to a holiday of a

number of days equivalent to the number of weekly days of rest not

availed of, as long as such days do not exceed seven (7) days.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

All employees shall be entitled to annual leave

according to the Organisation of Working Time Regulations.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

(1)

Every whole-time employee in Groups 1, 2, 3 and

4 shall in every calendar year be entitled to the equivalent in hours of

fourteen (14) 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 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 payment due, shall 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)

The employer may require a medical certificate by a

physician of his choice to certify that the worker is unfit for work

during the period of sick leave.

(3)

Sick leave entitlements provided 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 calender.

(CONDITIONS OF WORK)

(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.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

Employees falling under Groups 1, 2, 3 or 4 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.

Laws of Malta — Subsidiary Legislation 452.170 — DOMESTIC SERVICE (CONDITIONS OF WORK) REGULATION ORDER

The Domestic Service Wages Council Order and the

Domestic Service Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →