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HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

18 Articles / Provisions · Malta
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Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.54

HOSPITALS AND CLINICS WAGES COUNCIL

WAGE REGULATION ORDER

22nd August, 1977

LEGAL NOTICE 115 of 1977, as amended by Legal Notices 53 of 1978,

427 of 2007, 155 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.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

The title of this Order is Hospitals and Clinics Wages

Council Wage Regulation Order.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

1. In this Schedule, unless the context otherwise requires -

"clinic" means any establishment or organisation falling within

the field of operation of the Hospitals and Clinics Wages Council

other than a hospital

Provided that where the clinic is situated in a pharmacy, the

employees in that pharmacy shall not be deemed to be employees

of that clinic;

"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;

"hospital" means any institute of medico-surgical treatment, any

maternity home or hydropathic establishment and includes homes

for old aged persons, and sanatoria excluding those charitable

institutions identified as such by the Minister responsible for

labour;

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

employees are at the disposal of the employer exclusive of any

intervals allowed for meals and rest;

"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 in any day during which

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

intervals allowed for meals and rest;

"semi-skilled worker" means a worker who would otherwise be a

skilled worker but has not undergone an apprenticeship in the trade;

"shift worker" means an employee who is regularly engaged on

alternate periods of employment in accordance with a prepared

roster;

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

a-half and double the actual ordinary time rate payable to the

employee;

"wages" means the remuneration or earnings payable in money

by an employer to an employee;

"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. Whole-time employees shall not be paid less than the rates

of pay applicable to their grade as shown hereunder

CATEGORY A - (Employees who by the nature of their duties

ordinarily come into direct relationship with the patient)

Hospital /Clinic Attendant

€11,930.91 per annum rising by annual increments of €55.90 up to a

maximum of €12,303.61 annually.

Enrolled Nurse

€12,194.12 per annum rising by annual increments of €83.86

until it reaches an annual salary of €13,209.45

This salary applies to those employees who by the nature of their

employment administer medical care to the patient.

Staff Nurse/State Registered Nurse

€12,678.64 per annum rising by annual increments of €83.86

until it reaches an annual salary of €13,028.88 and by annual

i n c r e m e n t s o f € 111 . 8 1 u n t i l i t r e a c h es a n a n n u a l s a l a r y o f

€13,722.83

Provided that those S.R.N.s who besides their normal duties

perform also the work of a midwife they become entitled to the payment

of an increase of €111.81 per annum besides their normal salary.

CATEGORY B - (Employees who by the nature of their duties do

not ordinarily come into direct relationship with the patient.)

Hospital Auxiliaries

(a) Servants and Laundry Employees

€229.44 per week rising by annual increments of €1.16 per week

up to a maximum of €235.24 per week.

(b) Fatiguemen/Fatiguewomen/Labourers/Caretakers/Gate-

keepers

€232.35 per week rising by annual increments of €1.75 per week

up to a maximum of €237.60 per week.

The duties of gate-keeper shall consist only in controlling the

entrance and exit from the hospital grounds

Semi-Skilled Workers

€237.01 per week rising by annual increments of €1.75 per week up to

a maximum of €242.26 per week.

Skilled Workers

€239.34 per week rising by annual increments of €1.75 per week up to

a maximum of €247.49 per week.

Non-Industrials

(including appointments clerk, clerk/clerk typist)

€233.52 per week rising by annual increments of €1.75 per week up to

a maximum of €243.42 per week.

CATEGORY C

Dental Auxiliaries

During the first year of employment in the profession, an employee

under the age of 18 years will receive a minimum wage of €229.44 per

week; after the first year of employment in the profession the wages per

week shall not be less than €232.93 per week rising by annual

increments of €1.28 per week up to a maximum of €239.33 per week

Dental Laboratory Assistants

At 16 years ...... €219.82.

At 17 years ...... €222.69.

At 18 years and over €232.35 per week rising by annual increments of

€1.75 per week up to a maximum of €237.60 per week.

Dental Mechanics

When a Dental Mechanic in possession of a qualification recognised

by the Advisory and Executive Board performs work on the construction

of dentures and other connected work, whether or not he performs also

all or any of the following additional duties, namely the construction of

obturators, splints for fractures, chrome cobalt prosthesis, precision

attachment bridge work and porcelain fused to gold bridge work, he

shall receive a salary of €12,678.64 per annum rising by annual

increments of €83.86 until it reaches and annual salary€13,028.87 and

thereafter by annual increments of €111.81 up to a maximum of

€13,722.66 per annum.

In the case of a Dental Mechanic not in possession of the

qualifications referred to in the preceding paragraph shall receive a wage

of €239.34 per week rising by annual increments of €1.75 per week up

to a maximum of €245.75 per week.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Hospitals and Clinics Wages

Council operates.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be paid overtime at the

following rates -

(1)

Hospitals

(a) for all time worked outside the ordinary hours of work

on any day of the week, including any weekly day of

rest except a Sunday or a customary holiday

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

(b) for all time worked on a Sunday or a customary

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

(2)

Clinics

(a) for all time worked outside the ordinary hours of work

on any day except a Sunday or customary holiday

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

(b) for all time worked on a Sunday or a customary

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

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

The ordinary hours of work of all whole-time employees in

any establishment or organisation shall not exceed in the aggregate

forty hours of work in any one week, and the minimum wage of

such employees shall be related to a week of not more than forty

hours of work

Provided that -

(a) the ordinary hours of work of whole-time shift workers

employed in any hospital shall be spaced within an

uninterrupted period of employment for any particular

day determined by the employer in agreement with the

employees in accordance with a roster prepared by

them;

(b) the ordinary hours of work of whole-time employees

other than shift workers employed in any hospital shall

be spaced within an uninterrupted period of

employment of not more than nine hours on any one

day inclusive of the interval allowed for rest; and

(c) the ordinary hours of work of whole-time employees

employed in any clinic shall be spaced between the

times of 8.00 a.m. and 7.00 p.m. on any one day from

Monday to Friday. On Saturday the hours of work shall

be between the times of 8.00 a.m. and 1.00 p.m.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

An employee shall be entitled to the payment of the

minimum remuneration applicable to him for all time during which

he is present on the premises of his employer unless he is present

thereon in any of the following circumstances

(a) without the employer’s consent, expressed or implied;

(b) for some purpose not connected 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;

(d) during recognised breaks for meals and rest, provided

he is not waiting for work to be given to him to

perform.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

All whole-time employees employed in any hospital shall

be entitled to the following free of charge

(a) one main meal each working day either at midday or in

the evening;

(b) tea in the morning and in the afternoon;

(c) uniforms, overalls or any other outer wear like

protective clothing which they are required to wear by

the employing organisation

Provided that should employees not avail themselves of

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

to any pecuniary compensation in substitution therefor.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

(1) Whole-time employees in any hospital shall be allowed

intervals for meals and rest of not more nor less in the aggregate

than one hour on any one day.

(2) Whole-time employees in any clinic shall be allowed

intervals for meals and rest of not less in the aggregate than one

hour on any one day.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be allowed one day of rest in

every week.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be entitled, in every calendar

year, to -

(a) all customary holidays with full pay, and

(b) after three months in employment, vacation leave of

such number of working days with full pay as is

equivalent to the number of working days as that

particular employee should normally attend to work

during a period of four weeks

Provided that whole-time employees who have been in

employment for less than one year shall be entitled to such part of

the said vacation leave as is in proportion to the number of months

in employment.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

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

entitled to the equivalent in hours of thirty 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) A whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further thirty 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) 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 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whenever whole-time employees sustain any injury or

contract any disease while on duty they shall be entitled to leave on

full injury pay less the full amount of any benefit to which such

employees may be entitled in terms of the Social Security Act, for

the whole duration of such an injury or disease

Provided, however, that the injury or the disease is -

(a) sustained or contracted by the employee during the

actual discharge of his duties;

(b) not sustained or contracted owing to negligence an the

employee’s part;

(c) specifically attributable to the nature of the

employee’s duties when such duties are specified by

the employer or by someone acting on behalf of the

employer.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be entitled to three working

days leave with pay on the occasion of their marriage.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time male employees shall be entitled to one

working day leave with pay on the occasion of the birth of a child

to their wife.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be entitled to two working

days leave with pay on the occasion of the death of any one of the

following relatives of the employee: husband, wife, father, mother

(or the person who at the time was acting as father or mother of the

employee) son, daughter, brother or sister.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be entitled to leave with pay

for all working time during which they are required to attend at

court as jurors or summoned to appear as witnesses in police cases.

Laws of Malta — Subsidiary Legislation 452.54 — HOSPITALS AND CLINICS WAGES COUNCIL WAGE REGULATION ORDER

In cases where retirement of a male employee is expected

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

opportunity by the 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 sixty years.

EXPLANATORY NOTE

(This note is not part of the Schedule, but is intended to show its

applicability).

The provisions of this Schedule apply to all employees in any

private hospital, nursing or convalescent home, dental or other

c l i n i c , i n c l u d i n g d e n t a l m e c h a n i c s an d m e d i c a l o r n u r s in g

institutions or similar establishments.

"Hospital" means any institute of medico-surgical treatment, any

maternity home or hydropathic establishment and includes homes

for old aged persons and sanatoria, excluding those charitable

institutions identified as such by the Minister responsible for

labour.

"Clinics" also includes ante-natal clinics, X-Ray clinics and

medical laboratories and any other establishment where people go

to be medically examined or to receive medical attention but does

not include any institution which is not run as a profitable concern.

This Order shall not apply to employees whose remuneration for

services is regulated by tariff made by or under any other law.

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