TRAVEL AND INSURANCE AGENCIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.58

TRAVEL AND INSURANCE AGENCIES WAGES

COUNCIL WAGE REGULATION ORDER

27th February, 1978

LEGAL NOTICE 22 of 1978, as amended by Legal Notices 34 of 1978,

117 of 1978, 5 of 2016, 427 of 2007, 146 of 2010, 362 of 2012, 334, 444 of

2013, 482 of 2014, 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 Travel and Insurance Agencies

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;

"calendar year" is a period of twelve months starting from 1st

January and ending on the 31st December;

"day" in the case of night 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;

"Director" means the Director of Labour and includes any officer

authorised by him to act in his stead;

"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;

"industrial employee" means an employee employed wholly or

mainly on manual or fatigue duties and includes messengers,

handymen, fatiguemen and watchmen;

"non-industrial employee" means an employee employed wholly

or mainly on clerical duties and includes booking-clerk, accounts-

clerk, shed-clerk, shorthand-typist, telephone-operator/typist,

reservation and sales clerk; it also includes courier/representative;

"night shift" means any period of employment that includes any

hours from 10.00 p.m. of any one day to 6.00 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;

"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;

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

half and twice 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) For the purpose of calculating the average weekly hours of

work for the purpose of this Schedule, unless the context otherwise

requires, account shall be taken of the uninterrupted period of

employment during the particular calendar year.

2. (1)

Whole-time non-industrial employees

(a) The minimum weekly wage of whole-time non-

industrial employees except a courier/representative

shall be related to a five day week from Monday to

Saturday of not more than forty hours of work

exclusive of overtime calculated on an average for one

calendar year, in a way that the employees shall have a

day from Monday to Saturday inclusive free from

work and provided that normal work on Saturdays is

carried out until 1.00 p.m. only.

(b) In the case of a courier/representative the working

week shall consist of forty hours spread over a period

of six days, from Monday to Sunday.

(2)

Whole-time industrial employees, other than watchmen

The minimum weekly wage of whole-time industrial employees

except watchmen shall be related to a week of not more than forty

hours of work, exclusive of overtime calculated on an average for

one calendar year.

(3)

Watchmen

The minimum weekly wage of watchmen shall be related to a

week of not more than forty-eight hours of work, and no watchman

shall be required to work for more than forty-eight hours in any

week.

(4)

Time-Schedule

A time-schedule covering a period of a calendar year for all

categories or for different categories of employees in the same

establishment, as the case may be, shall be submitted in writing by

registered letter to the Director and shall, when so notified and

provided it complies in all respects with the provisions of this

Order and the requirements of any other law, constitute the normal

working hours in the establishment

Provided that -

(a) until such time-schedule is submitted to the Director as

aforesaid, the normal working hours in the

establishment shall be forty hours in any one week,

and

(b) any changes to such time-schedule shall be effected by

the employer after the prior notification in writing of

such changes to the Director.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Travel and Insurance

Agencies Wages Council operates.

The minimum weekly wages payable to whole-time

employees shall be the following

(i)

industrial employees

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

At age 17 ............................................ €224.78

At age 16 ............................................ €222.45

(ii) non-industrial employees

During the first year of employment

in the establishment ............................ €229.44

During the second year of employment

in the establishment ............................ €231.77

During the third year of employment

in the establishment ............................ €234.10

During the fourth year of employment

in the establishment ........................... €238.76.

The minimum remuneration payable to part-time

employees of the categories specified in paragraph 3 hereof shall be

pro rata at an hourly rate arrived at by dividing the amount

appearing for the category by the number of hours of work per

week for the relative category.

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 the interval for mid-day lunch shall not be

longer than two hours.

All whole-time employees shall be allowed a weekly day

of rest in every week.

(1) Overtime shall be payable in respect of all whole-time

employees, excluding watchmen and a courier/representative -

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

as laid down in accordance with the provisions of

paragraph 2 hereof, at the rate of.....time-and-a-half;

(b) for all-time worked in excess of nine hours in any one

day, exclusive of any rate paid in accordance with sub-

paragraph (a) of this paragraph, and for all work

performed after 1.00 p.m. on Saturday, at the rate of

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

(c) for all time worked on Sundays and customary

holidays, at the rate of ............................ double-time.

(2) Items (a) and (b) of sub-paragraph (1) of this paragraph

shall not apply to workers on night shift duty.

(3) Overtime rates for a courier/representative shall be as

follows -

(a) for all time worked in excess of forty hours in a week

of six days or of seven hours in any one day

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

(b) for all time worked on customary holidays and the

weekly day of rest .................................. double-time.

An employee shall be entitled to a night-shift allowance of

one-thirtieth (1/30) of his weekly wage for each night shift he

works, provided that a minimum allowance of one-fifteenth (1/15)

of the weekly wage is payable in any one week in which night-shift

work is done.

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.

(1) 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) 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) 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.

For the purposes of paragraph 9 and paragraph 10, any

period of incapacity for work due to sickness of not more than

thirty days shall not interrupt the continuity of service.

Whole-time employees shall be allowed -

(a) two days paid leave on the occasion of the death of any

of the following relations: the wife or husband, the

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

fact acting as the mother or father of the employee)

and the son or daughter, brother or sister of the

employee;

(b) one day paid leave on the birth of a child to the wife of

the employee;

(c) three working days paid leave on the occasion of the

marriage of an employee.

Whole-time employees called for jury service shall be

allowed all the necessary time off on full pay to attend the Court on

such service.

Whole-time employees 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 not due

to any contributory negligence on his part or to any contravention

of safety rules laid down by the management.

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 Order but is intended to indicate its

applicability).

The provisions of the above Schedule apply to all employees in

any undertaking or in part of an undertaking the activities of which

consist wholly or mainly in the provision of services relating to

travel (including freight by sea or air) or insurance or estate agency

and for watchmen, telephone operators and other persons employed

by shipping agents, travel agents, or contractors on board the ships

whilst in the territorial waters of Malta.