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CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

18 Articles / Provisions · Malta
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Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.49

CLAY AND GLASS PRODUCTS WAGES COUNCIL

WAGE REGULATION ORDER

8th August, 1977

LEGAL NOTICE 98 of 1977, as amended by Legal Notices 4 of 1979, 75

of 1980, 113 of 1991, 427 of 2007, 148 of 2010, 362 of 2012, 334, 444 of

2013, 482 of 2014, 5 of 2016, 97 and 383 of 2017 and 104 and 351 of 2019,

469 of 2020, 464 of 2021, 335 of 2022, 286 of 2023, 341 of 2024 and 288 of

2025 .

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

The title of this Order is Clay and Glass Products Wages

Council Wage Regulation Order.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

1. In this Schedule unless the context otherwise requires -

"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;

"day" in the case of shift employees means a period of twenty-

four consecutive hours; in all other cases, it means a period running

from midnight of one day to midnight of the next following day;

"half day" means a period of twelve consecutive hours ending at

1.00 p.m. or 1.00 a.m.

"hours of work" means the time on any day during which the

employees are at the disposal of the employer, exclusive of the

intervals allowed for meals and rest;

"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" means an employee whose normal hours of

work, calculated on a weekly basis or on average over a period of

employment of up to one year, are less than the normal hours of

work of a comparable whole-time employee and who is not a

whole-time employee with reduced hours;

"period of employment" means the time on any day during which

the employees are at the disposal of the employer, inclusive of the

intervals allowed for meals and rest;

"shift employee" means an employee who is regularly engaged

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

"time and a half" and "double time" mean respectively one and a

h a l f t i m e s a n d t w i c e t h e a c t u a l t i m e r a t e a p p l i c a b l e t o th e

employee;

"wages" means remuneration or earnings payable in money by an

employer to an employee;

"watchman" means a person who guards his employer’s property

against fire, theft, illegal entry and similar contingencies;

"week" means a calendar week;

"weekly day of rest" means a period of twenty-four consecutive

hours commencing at the time at which the employee would

normally commence his turn of duty;

"whole-time employee" means an employee who is deemed to be

a whole-time employee in terms of any recognized conditions of

employment.

2. The minimum weekly wage shall be related to a week of

not more than -

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

employees other than watchmen spread over a week of

five days;

(b) fifty-two hours of work in the case of watchmen

spread over a week of six days.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Clay and Glass Products

Wages Council operates.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

(a) Whole-time employees in the industry, other than

watchmen, shall be entitled to minimum weekly wages,

related to age, as follows -

at age 18 or over ..................................... €229.44

at age 17 or over ..................................... €222.66

at age 16 or over ..................................... €219.82

(b) Watchmen shall be paid the minimum weekly wage of

two hundred and twenty nine euro and forty four cents

(€229.44) independent of their age.

(2)

In this paragraph "industry" includes all the

establishments which fall within the scope for which the Clay and

Glass Products Wages Council applies.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

Part-time employees shall be paid pro rata at an hourly rate

not less than the minimum time rate applicable to whole-time

employees.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees engaged on night shift duty shall

whilst engaged on such duty be paid at an hourly rate, one and one

sixth times the actual ordinary time rate payable to the employee.

Such increased rate shall be reckoned as the actual time rate for

purposes of determining the amount of any overtime payable in

terms of paragraph 8 hereof to the employees in respect of any

hours worked during night shift.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees other than watchmen shall be

allowed intervals for meals and rest of not less in the aggregate

than one hour on every day.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

(a) Whole-time employees, other than watchmen, shall be

allowed two weekly days of rest in every week.

(b) Watchmen shall be allowed a weekly day of rest in

every week.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

(1) In the case of all employees, other than watchmen,

overtime shall be payable as follows -

(a) for all time worked in excess of the normal working

hours of the establishment on any day from Monday to

Saturday ........................................time and a half;

(b) for all time worked on Sundays or on customary

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

(c) exclusive of any overtime payable in terms of the

foregoing provisions, for all hours worked in excess of

forty hours of work in any one week ....time and a

half.

(2) In the case of watchmen overtime shall be payable as

follows

(a) for all time worked in excess of fifty-two hours in any

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

(b) for all time worked on a day of rest or on a Customary

Holiday ...................................................

double

time.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

(1) In addition to the minimum weekly rest to which

whole-time employees may be entitled under paragraph 7, whole-

time employees shall be entitled to the National Holidays and to all

public holidays with full pay, and to the following vacation leave

not being less than -

(a) four working weeks and one working day during the

calendar years 1988 and 1989;

(b) four working weeks and two working days during the

calendar year 1990;

(c) four working weeks and three working days during the

calendar year,1991;

(d) four working weeks and four working days during the

calendar year 1992 and during any calendar year

thereafter

Provided that when a whole-time employee is in

employment for less than twelve months during any calendar year,

he shall be entitled to such part of the said vacation leave as is in

proportion to the number of months in employment.

(2) For the purpose of this paragraph "vacation leave" means

leave with pay which may be availed of on days agreed upon

between the employer and the employee, provided that one day

vacation leave during 1988 and 1989, two days vacation leave

during 1990, three days vacation leave during 1991 and four days

vacation leave during 1992 and during any calendar year thereafter

shall not form part of any shut-down and shall be granted by the

employer as optional leave in addition to any optional leave the

employee may have been entitled to on the 9th November, 1988.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

(1) A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of ten days sick leave on full pay,

less an amount equal to the sum set for sickness benefit entitlement

at the rate established under 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 established under the Social Security Act,

which amount is also to be calculated on a pro rata basis

Provided that -

(a) the first three 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 is longer than seven days,

within seven days of the onset of sick leave absence;

(c) employees in receipt of 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 pay due, be deemed to have

received an amount equal to the sum set for sickness

benefit entitlement at the rate established under the

Social Security Act.

(2) The employer may require a medical certificate by his own

physician to certify incapacity for work during the period of

absence.

(3) The sick leave entitlement granted by virtue of this

paragraph 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 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be allowed such leave with

pay as is necessary and for such time as required to serve as jurors

on such occasions as they are called up to serve in the Courts.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be allowed leave with pay on

the day of the death and on the day of the funeral of any of the

following relatives: the wife or husband, the mother or father, the

son or daughter, the brother or sister.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be entitled to three working

days leave on full pay on the occasion of his marriage and to two

working days leave on full pay on the occasion of the birth of a

child to his wife.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be entitled to one year injury

leave on full pay, less the full amount of any injury benefit to which

such employee may be entitled in terms of the Social Security Act,

if he is injured during the actual discharge of his duty and such

injury is not due to any contributory negligence on his part or to the

c o nt r a v e n t io n b y hi m of an y s a f e t y r u le s la id d ow n b y t h e

management.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

An employee shall be entitled to the payment of the actual

wages applicable to him for all times 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 consent, expressed or implied;

(b) for some purpose unconnected with this work and

other than that of waiting for work to be given to him

to perform;

(c) by reason only of the fact that he is resident thereon;

(d) during normal meal times in a room or place in which

no work is being done and is not waiting for work to

be given to him to perform.

Laws of Malta — Subsidiary Legislation 452.49 — CLAY AND GLASS PRODUCTS WAGES COUNCIL WAGE REGULATION ORDER

In cases where the retiring age of a male employee is

expected at the age of sixty years, such employee shall be given the

opportunity by his employer to retain his employment beyond this

age at least until the age of sixty-one years, provided that the

employee in question shall still be allowed, if he so wishes, to retire

at the age of sixty years.

EXPLANATORY NOTE

(This note is not part of the Schedule but is intended to indicate

its applicability).

This Schedule applies to all employees in any undertaking or part

of an undertaking, the activities of which consist wholly or mainly

in the manufacture of clay products, pottery, earthenware, china,

ceramics, glass, glassware, mirrors and neon signs and fibreglass

and fibreglass products.

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