WHOLESALE AND RETAIL TRADES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.63

WHOLESALE AND RETAIL TRADES WAGES

COUNCIL WAGE REGULATION ORDER

18th March, 1989

LEGAL NOTICE 32 of 1989, as amended by Legal Notices 427 of 2007,

125 of 2010, 362 of 2012, 334, 444 of 2013, 482 of 2014, 5 of 2016, 5 of

2017, 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 Wholesale and Retail Trades

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;

"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;

"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;

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

h a l f t i m e s a n d tw i c e t h e a c t u a l t i m e r a t e a p p l ic a b l e t o t h e

employee;

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

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

employment;

"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.

2. The minimum weekly remuneration payable to whole-time

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

spread over six days

Provided that the hours of work of watchmen shall be

related to a week of not more than sixty hours spread over six days.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Wholesale and Retail Trades

Wages Council operates other than persons employed in bars,

restaurants and coffee-houses.

Subject to the provisions of paragraph 2 of this Schedule,

the minimum weekly remuneration payable to whole-time

employees shall be as follows:-

(a) Whole-time employees other than watchmen, of the

age specified in Column 1 of the table immediately

following shall be entitled to the appropriate rate of

remuneration set out in Column 2 thereof

Minimum Remuneration

WHOLE-TIME EMPLOYEES (OTHER THAN WATCHMEN)

Column 1

Column 2

At age 16 years.............................................

€220.71

17 years..............................................

€223.29

18 years and over................................

€230.61

(b) Watchmen employed as whole-time employees

performing duties as specified in Column 1 of the table

immediately following shall be entitled to the

appropriate rate of remuneration set out in Column 2

thereof

Minimum Remuneration

WATCHMEN EMPLOYED AS WHOLE-TIME EMPLOYEES

Column 1

Column 2

Watchmen whose duties are mainly performed

indoors............................................................

€230.61

Watchmen whose duties are mainly performed

outdoors..........................................................

€232.93

All whole-time employees shall be allowed intervals of not

less, in the aggregate, than one hour for meals and rest every day.

(1)

(Deleted by Legal Notice 5 of 2016).

(2)

All whole-time employees shall be entitled to at least one

day of rest in every calendar week.

Whole-time employees other than watchmen shall be

entitled to overtime remuneration as follows

(a) for all hours of work in excess of the normal hours of

work in accordance with paragraph 2 of this Schedule

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

(b) for all hours of work on Sundays and customary

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

(c) for all hours of work in any calendar week in excess of

the number of working hours, being not more than

forty, stipulated in the contract of service excluding

from such number -

(i)

all time paid for under the foregoing provisions

of this paragraph; and

(ii) the number of hours during which an employee

is on holiday, sick leave or is absent from work

without remuneration subject to a maximum of

seven hours in respect of any whole day

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

Provided that the Director of Labour may

authorize an employer in writing to pay overtime to

specified employees or groups of employees in respect

only of hours of work in excess of a weekly average of

the number of working hours being not more than

forty, stipulated in the contract of service, calculated

over such a number of consecutive weeks as the

Director may deem reasonable; and in that case the

provisions of item (a) of this paragraph shall not

apply;

(d)

(i)

for all hours of work by watchmen in excess of

ten hours daily or in excess of sixty hours in a

period of six consecutive days ..time-and-a-half;

(ii) for all hours of work by watchmen on the

seventh day (day of rest) ............... double-time.

(1) Employees in respect of whom this Order applies shall

only be obliged to work on Sundays if they give their written

consent to work on Sundays to their employer.

(2) Only those employees who give their consent in terms of

this paragraph shall be obliged to work on Sundays. These

employees shall be paid in accordance with paragraph 6 of this

Schedule.

(3) No employee shall be subject to any disadvantage, threat or

actual dismissal by his employer on account that he is not willing to

give his consent to work on Sundays in terms of this paragraph.

(4) This paragraph shall not apply to those employees who are

obliged to work on Sundays by virtue of a pre requisite in their

contract of employment or in the written statement which must be

drawn up in terms of the Act and its subsidiary legislation.

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

whole-time employees may be entitled under paragraph 5, 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 other 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 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;

(d) four days vacation leave during 1992, and during any

calendar year thereafter;

shall not form part of any shutdown 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 completing the first six months of employment, 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 completing the first six months of employment, a

whole-time employee shall in every calendar year be entitled to the

equivalent in hours of a further thirty-six 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.

Whole-time employees shall be allowed two days paid

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

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

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

brother or sister.

A whole-time employee shall be allowed three days leave

with pay on the occasion of his or her marriage, and one day leave

on the occasion of the birth of a child to the wife of the employee.

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, if he/

she is injured during the actual discharge of his/her duty and not

due to any contributory negligence on his/her part or to any

contravention of safety rules laid down by the management.

Whole-time employees called for jury service shall be

allowed all the necessary time off on full pay to attend such service

at the Court.

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 persons

emp loyed by who lesale merchants, dist ributors, imp orters,

exporters, commission agents, wholesale and marketing, co-

operatives, retailers, lending libraries, hawkers, hairdressers,

consumers’ co-operatives, photographic studios; but it shall not

apply to employees in any shop run directly under the management

of a hotel as part of the amenities of the hotel, nor to employees in

any shop either run directly by the management of a club as part of

the amenities thereof or given out under contract for the purpose of

increasing those amenities.

F’każi fejn impjegat raġel huwa mistenni li jirtira mix-

xogħol fl-età ta’ sittin sena, impjegat bħal dan għandu jingħata l-

opportunità minn min iħaddmu biex jibqa’ fl-impieg tiegħu ’l fuq

minn din l-età u tal-anqas sakemm jilħaq l-età ta’ wieħed u sittin

sena, iżda l-impjegat konċernat xorta għandu jitħalla, jekk huwa

jkun irid, li jirtira fl-età ta’ sittin sena.

NOTA TA’ TIFSIR

(Din in-nota m’hijiex parti mill-Ordni, iżda hija maħsuba biex

turi l-applikabilità tiegħu).

Id-dispożizzjonijiet fl-Iskeda ta’ hawn fuq japplikaw għall-

persuni kollha impjegati minn negozjanti bl-ingrossa, distributuri,

importaturi, esportaturi, aġenti b’kummissjoni, ko-operattivi ta’

grossisti u ko-operattivi tas-swieq, bejjiegħa bl-imnut, libreriji li

jisilfu l-kotba, bejjiegħa fit-toroq, parrukkiera, ko-operattivi ta’

konsumaturi, studji tal-fotografija; iżda ma japplikawx għal

impjegati f ’xi ħanut immexxi direttament mid-direzzjoni ta’

lukanda bħala parti mill-kumditajiet ta’ dik il-lukanda, lanqas għal

impjegati f’xi ħanut sew jekk immexxi direttament mid-direzzjoni

ta’ każin bħala parti mill-kumditajiet tiegħu sew jekk mogħti

b’kuntratt għall-finijiet ta’ tkabbir ta’ dawk il-kumditajiet.