SEAMEN WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.51

SEAMEN WAGES COUNCIL WAGE

REGULATION ORDER

8th August, 1977

LEGAL NOTICE 100 of 1977, as amended by Legal Notices 118 of 1978,

113 of 1990, 427 of 2007, 135 of 2010, 362 of 2012, 334, 444 of 2013, 482

of 2014, 5 of 2016, 97 and 383 of 2017, 104 and 351 of 2019, 469 of 2020,

464 of 2021, 335 of 2022, 286 of 2023, 341 of 2024 and 288 of 2025.

The title of this Order is Seamen Wages Council Wage

Regulation Order.

1. (1)

In this Schedule unless the context otherwise requires -

"boatswain" means an employee who takes charge of the deck

crews and performs other duties in accordance with instructions of

the ship’s officers;

"captain/master" means an employee who takes complete charge

of a vessel, safeguards passengers, crew, ship and cargo, controls

the speed and directs the course of the vessel, supervises the work

of the crew and ensures the maintenance and cleanliness and directs

subordinate officers in the performance of their duties;

"coxswain" means an employee who steers and controls the

speed of vessels and who may be in charge of 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;

"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 the Seamen Wages

Council Order applies;

"engineer" means an employee who is fully qualified to operate,

maintain and repair engines, motor pumps, condensers and other

mechanical and/or electrical equipment;

"engine driver" means an employee who mainly operates and

maintains engines and other mechanical 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 tug" means any tug employed in assisting ships

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

conditioned;

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

employees are at the disposal of the employer, exclusive of

intervals allowed for meals and rest;

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

the age of fourteen years and under the age of eighteen years and

who is receiving training in any calling to which this Order applies,

and in respect of whom the employer holds a permit issued in terms

of 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 any 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 one day during

which 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;

"territorial waters" means territorial waters as defined by the

laws of Malta;

"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;

"vacation leave" means leave on full pay;

"week" means a calendar week;

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

hours in a week commencing at the time at which the employee

would normally commence his turn of duty, during which the

employee is entitled to rest;

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

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

employment;

"watchman" means an employee who guards his employer ’s

pr o p e r ty a g a i n s t f i r e , t h e f t , i l l e g a l e n t r y a n d o t h e r r e l a t e d

contingencies.

(2) For the purpose of this Schedule any person who is

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

licenc e i n accordance with the Mechanically D riven B oats

(Passengers and Cargo) Regulations should be considered to be

employed as such only if he holds the relative licence required by

such employment.

2. The minimum weekly wages of employees in Categories A,

B, C, D and E shall be related to a week of five days, to be fixed by

the employer, of not more than -

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

employees other than watchmen, or

(b) forty-eight hours of work in the case of watchmen.

The provisions set out in the Schedule to this Order shall

apply to all employees in respect of whom the Seamen Wages

Council operates.

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

Provided that -

(a) whole-time employees under the age of eighteen years

shall be entitled to the relative minimum weekly wage

less -

(i)

€1.16 per week in the case of employees of the

age of seventeen years, or

(ii) €2.33 per week in the case of employees of the

age of sixteen years or under; and

(b) any hours worked on a regular night shift basis shall be

compensated at the rate of one and one-fifth the hourly

rate applicable to that employee.

Table of Minimum Wages

CATEGORY A

(Light duty tugs or lighters)

Coxswain ................................................................ €235.85

Engine Driver.......................................................... €234.68

Pumpman ................................................................€232.93

Watchman ...............................................................€230.61

Seaman or other calling ........................................... €232.35

CATEGORY B

(Heavy duty tugs)

Master .................................................................... €244.00

Engineer ................................................................ €240.51

Boatswain .............................................................. €233.52

Greaser .................................................................. €233.52

Watchman .............................................................. €230.61

Seaman or other calling .......................................... €232.93

CATEGORY C

(Luzzus)

Master .................................................................... €244.00

Coxswain ................................................................ €235.85

Engineer ................................................................ €240.51

Engine Driver ......................................................... €230.61

Watchman .............................................................. €234.68

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 Driver ................................. €237.01

Seaman/Deckhand .................................................. €232.35

Watchman .............................................................. €230.61

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

Watchman .............................................................. €230.61.

(1) Whole-time employees other than watchmen shall be

paid minimum rates of overtime as follows

A.

Monday to Saturday

(i)

Hours worked in excess of eight hours on any

one day ..................................... time and a half;

(ii) Hours

worked

on

the

day

of

rest

.................................................. time and a half.

B.

Sundays

All hours worked ........................................... double time.

C.

Customary holidays

(i)

All hours worked during the usual hours of work

had the day been an ordinary working day

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

(ii) All other hours worked on such days

...................................................... double time.

(2) Watchmen shall be paid minimum rates of overtime as

follows

(i)

for any hours worked in excess of forty-eight

hours in any one week ............... time and a half;

(ii) for any hours of work on the day of rest which is

neither Sunday nor the one instead of Sunday

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

(iii) for any hours of work on the day of rest which is

either Sunday or the one instead of Sunday

...................................................... double time.

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

whole-time employees may be entitled under paragraph 9, 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.

(1) After six months of continuous service, a whole-time

employee shall in every calendar year be entitled to the equivalent

in hours of fifteen 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) After six months of continuous service, a whole-time

employee shall in every calendar year be entitled to the equivalent

in hours of a further period of fifteen days sick leave on half pay,

less an amount equal to half 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 half pay, less an amount equal to half 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 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 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 half the sum set for

sickness benefit entitlement at the rate established

under the Social Security Act.

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

physician to certify incapacity for work during the period of

absence.

(4) For the purpose of this paragraph, an interruption of

employment of not more than two months shall not be deemed to

break the continuity of service.

(5) 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.

All whole-time employees, other than watchmen, 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.

All whole-time employees, other than watchmen, shall be

allowed Sundays as a day of rest in every week.

All whole-time employees shall be allowed two days paid

on the occasion of the death of any of the following relatives: the

wife, husband, father, mother (or the person who at the time was in

fact acting as the father or mother), son, daughter, brother, sister, of

the employee.

(a) A whole-time employee shall be allowed three days

leave on full pay on the occasion of his marriage, and

two days leave on full pay on the birth of a child to his

wife.

(b) A whole-time employee shall be entitled to up to ten

days study leave in any one year on full pay to obtain a

certificate in his trade

Provided that study leave will be approved subject

to the production of the necessary information about

the certificate in question by the employee and that he

will be bound to work for at least three months with the

company after the results are published. Such study

leave is not to be availed of more than twice for the

same certificate

Provided further that if the employee opts to

terminate his employment before three months have

elapsed, the employee is bound to pay to his employer

the sum of money equal to the wages that have been

paid to him in respect of the number of days availed of

as study leave.

A whole-time employee shall, if called upon to serve as

juror, be allowed time off as necessary, without any deduction from

pay to which he would otherwise have been entitled, so as to enable

him to attend to his duties at the Courts.

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 under the Social Security Act in

respect of any injury suffered by him during the actual discharge of

his duty but not due to any contributory negligence on his part.

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 employers’ consent, expressed or implied;

(b) for some purpose unconnected with his 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.

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 Order but is intended to indicate its

applicability).

The above provisions apply to all employees on board ships

regularly operating within the territorial waters of Malta, but do not

apply to employees working on board fishing vessels or foreign

going ships.