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JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

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Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.56

JEWELLERY AND WATCHES WAGES COUNCIL

WAGE REGULATION ORDER

25th August, 1977

LEGAL NOTICE 118 of 1977, as amended by Legal Notices 122 of 1978,

427 of 2007, 141 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 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

The title of this Order is Jewellery and Watches Wages

Council Wage Regulation Order.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES 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" means a period of twenty-four consecutive hours

commencing from midnight of one day to midnight of the next

following day;

"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;

"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

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

intervals allowed for meals and rest;

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

half times and double the actual 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.(1) (a) The normal hours of work of the establishment shall be

spaced between the times of 7.30 a.m. and 5.30 p.m. on

any day of the week from Monday to Friday (both days

inclu sive). Any att end ance on Saturday shall be

compensated by the same number of hours of time off

in lieu. Except in the case of whole-time employees

employed as watchmen, Sunday shall be allowed as a

weekly day of rest.

(b) Watchmen shall be allowed one weekly day of rest.

(2) The minimum weekly wage of whole-time employees,

other than watchmen, shall be related to a week of forty hours of

work, while that of watchmen shall be related to a week of sixty

hours of work.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Jewellery and Watches Wages

Council operates.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

(1) The minimum weekly wages of whole-time employees,

other than watchmen, aged eighteen years or over shall be as

follows -

During the first two years of employment in the trade

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

During the third year of employment in the trade

.................................................................. €233.52

During the fourth year of employment in the trade

................................................................... €235.85

During the fifth year of employment in the trade

................................................................... €238.18.

(2) The minimum weekly wages of whole-time employees,

other than watchmen, under eighteen years of age shall be as

follows -

aged 16 years .................................................... €219.82

aged 17 years .................................................... €222.66.

(3) The minimum weekly wages of whole-time watchmen,

independently of their age, shall be as follows

(a) those whose duties are mainly performed indoors

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

(b) those whose duties are mainly performed out of doors

.................................................................. €231.77.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES 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 and a half hours on any day of the week from Monday to

Friday and of not less than a quarter of an hour on any Saturday.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

Subject to the provisions of paragraph 2 hereof -

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

paid overtime as follows -

(i)

for all time worked in excess of the normal hours

of work of the establishment .... time-and-a-half;

(ii) for all time worked during Sundays and

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

(iii) for all time worked in excess of forty hours,

except work performed on Saturdays which may

be compensated by the same number of hours of

time off in lieu, in any one week, exclusive of

any overtime payable in terms of the foregoing

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

(b) watchmen shall be paid overtime, for all time worked

in excess of sixty hours in any one week

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

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES 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 such leave shall be availed of in

agreement with the employer

Provided further 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 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

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

employee shall in every calendar year be entitled to the equivalent

in hours of a further twenty-four 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.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be entitled to two days leave

on full pay on the occasion of the death of the following relatives

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

time is acting as the father or mother of the employee), the son or

daughter, and the brother or sister.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be allowed three working

days leave on full pay on the occasion of his marriage and one

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

to his wife.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES WAGES COUNCIL WAGE REGULATION ORDER

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

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

pay so as to enable him to attend to his duties at the Courts.

Laws of Malta — Subsidiary Legislation 452.56 — JEWELLERY AND WATCHES 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

a n y c o n tr a ve nt i o n b y h im o f 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 452.56 — JEWELLERY AND WATCHES 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 452.56 — JEWELLERY AND WATCHES 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 it is intended to indicate

its applicability).

The provisions of the above Schedule apply to employees

employed in any undertaking or part of an undertaking, the

activities of which consist wholly or mainly in gilding, engraving

in gold or silver or in the manufacture of jewellery, clocks and

watches.

In these proposals

"manufacture" includes repair; and

"jewellery" means articles made wholly or mainly of or covered

with gold, silver, platinum or other precious metals and includes

diamonds or precious stones, articles of rolled gold.

JEWELLERY AND WATCHES

WAGES COUNCIL WAGE REGULATION

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