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TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.55

TEXTILES AND ALLIED INDUSTRIES WAGES

COUNCIL WAGE REGULATION ORDER

25th August, 1977

LEGAL NOTICE 117 of 1977, as amended by Legal Notices 60 of 1978,

23 of 1979, 24 of 1981, 74 of 1989, 46 of 1990, 427 of 2007, 143 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 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The title of this Order is Textiles and Allied Industries

Wages Council Wage Regulation Order.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES 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; and, in all other cases, it means a period

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

day;

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

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 p.m. of one day to 6 a.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;

"part-time watchman" means an employee employed as a

watchman for not more than thirty-six hours a week;

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

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

intervals allowed for meals and rest;

"shift employee" means an employee who regularly works on a

shift cycle basis;

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

half times and twice the minimum time rate applicable to the

employee;

"wages" means 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. The minimum weekly wages 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, to be worked in a

week of five days;

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

exclusive of overtime spread over six days.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Textiles and Allied Industries

Wages Council operates.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The minimum weekly wages payable to whole-time

employees shall be the following -

(a) Watchmen -

(i)

whose duties are mainly performed indoors

........................................................... €229.44

(ii) whose duties are mainly performed out of doors

........................................................... €231.77;

(b) Other whole-time employees -

At age 18 years or over ............................... €229.44

At age 17 years ........................................... €222.66

At age 16 years ........................................... €219.82.

(c) Shift employees

(i)

In the case of employees called upon to work on

a three shift cycle and in consideration of the

periods of night work on a three shift, an

allowance shall be paid equivalent to one-tenth

of the normal rate of basic remuneration. In the

case of employees an a two-shift basis a shift

allowance shall be paid equivalent to one-

twelfth of the normal rate of basic remuneration;

(ii) Unless every weekly night shift is followed by

two consecutive weekly day shifts, such further

night shift or shifts shall entitle employees to an

extra remuneration amounting to not less than

one-fourth of the normal rate of pay.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

In the case of whole-time employees on piece-work the

minimum piece-rate of wages shall be such that no employee will

earn, when employed on such work, less them the appropriate time

rate pro rata specified in paragraph 3 of this Schedule.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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

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

than one hour every day

Provided that -

(a) subject to the provisions of paragraph (b) of this

proviso, the interval or intervals shall be allowed after

the first or before the last hour of the period of

employment; and

(b) where the last half hour of the period of employment is

allowed as a half hour of rest, the employee shall be

entitled to leave the place of work as soon as that half

hour starts.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

All whole-time employees other than watchmen shall be

allowed two weekly days of rest in every week. Watchmen shall be

allowed one weekly day of rest

Provided that where a shift system precludes the allowance

of two days of rest in any one week in any cycle, employees shall

be allowed one day of rest in that particular week, and are paid at

the rate of time and a half for any one of the other working days of

the week.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

(1) In the case of all whole-time employees, other than

watchmen, overtime shall be payable as follows -

(a) for all time worked in excess of eight hours on any

day, and for all time worked on the first pre-

determined day of rest of the week .............................

time-and-a-half;

(b) for all time worked in excess of forty hours in any

week exclusive of any time paid for at overtime rates

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

(c) for all time worked on Sundays or the second or only

pre-determined day of rest of the week ... double-time;

(d) for all hours of work on a customary holiday, in

addition to the normal hourly wage .........double-time

Provided that where a customary holiday falls on a

Sunday or another day of rest, overtime shall be paid

only at double-time.

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

follows -

(i)

for all time worked in excess of nine hours on

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

(ii) for all time worked .in excess of fifty-four hours

in any week of six consecutive days

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

(iii) for all time worked on the second or only

predetermined day of rest of the week and on a

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

(3) Notwithstanding the provisions of the preceding sub-

paragraphs of this paragraph -

(i)

shift employees shall not be entitled to overtime

payment for time worked in normal shift on

Sundays, or on a day of rest;

(ii) when a customary holiday falls on a working

day, overtime at time and a half shall be payable

to whole-time employees, other than watchmen,

for work in excess of forty hours during the

week less the number of hours that would have

normally been worked on such a day by that

employee;

(iii) in the case of watchmen, when a customary

holiday falls on any day from Monday to

Saturday, overtime at time and a half shall be

payable to them for work in excess of forty-five

hours during that week.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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

whole-time employees may be entitled under paragraph 6, whole-

time employees shall be entitled to all customary holidays with full

pay, and to the following vacation leave not being less than -

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

of 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; and

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

proportion to the number of months in employment.

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

leave with pay which may be availed of

Provided that

(a) one day vacation leave during each of the calendar

years 1988 and 1989;

(b) two days vacation leave during 1990;

(c) three days vacation leave during 1991; and

(d) 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 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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

entitled to the equivalent in hours of twelve 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 twelve 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) Whole-time employees employed for less than one year

shall be entitled to paid sick leave in proportion to the number of

months in employment.

(5) For the purposes of this paragraph, a break in employment

of not more than thirty days, other than at the employee’s request

shall not interrupt the continuity of service.

(6) 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 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be allowed three days paid

leave on the occasion of the death of any of the following relations

the wife or husband, the mother or father (or the person who at the

time was in fact acting as the mother or father of the employee), the

son or daughter, and the brother or sister.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be allowed three days leave

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

with full pay on the occasion of the birth of a child to his wife.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES 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 duties and such

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

the contravention by him of any safety rules laid down by the

management.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee called for jury service, shall be

allowed all the necessary time off without loss of pay to attend the

Courts.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The minimum remuneration payable

to

part-time

employees shall be at such hourly rate arrived at -

(a) in the case of watchmen, by dividing by fifty-four the

weekly rate applicable to that category of watchmen,

and

(b) in the case of other employees, by dividing by forty

the weekly rate applicable to such other employees at

age eighteen years or over.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

An employee is entitled to the payment of the minimum

wages applicable to him for all time 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 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 normal meal times in a room or place in which

no work is being done, and he is not waiting for work

to be given to him to perform.

Laws of Malta — Subsidiary Legislation 452.55 — TEXTILES AND ALLIED INDUSTRIES 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 Order but is intended to indicate its

applicability).

The provisions of the above Schedule shall apply to all

employees in any undertaking or in any part of an undertaking the

activities of which consist wholly or mainly in any of the

following

(a) the manufacture or processing (including the spinning,

weaving, knitting, finishing and any other process

incidental to the foregoing) of natural, artificial or

man-made fibres and fabrics; and

(b) the making up of articles from natural, artificial or

man-made fibres and fabrics.

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