HOTELS AND CLUBS WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.66

HOTELS AND CLUBS WAGES COUNCIL WAGE

REGULATION ORDER

1st April, 1990

LEGAL NOTICE 43 of 1990, as amended by Legal Notices 427 of 2007,

127 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.

The title of this Order is Hotels and Clubs Wages Council

Wage Regulation Order.

PART 1

1. This Part of the Schedule applies to employees in hotels

guest houses, holiday complexes, tourist villages and licensed

holiday flats.

2. Subject to the provisions of paragraphs 5, 6 and 7 of this

Schedule, the minimum weekly remuneration for all employees to

whom this Part applies shall he related to a week of not more than

(a) forty-three hours of work spread over six days for a

maximum of thirteen weeks to be availed of between

the last week in June and first week in October and

thirty-nine hours of work spread over five days for the

rest of the year in the case of all employees other than

watchmen and musicians;

(b) sixty hours of work in the case of watchmen; and

(c) thirty hours of work in the case of musicians.

3. (1) Subject to the provisions of paragraphs 2, 5, 6 and 7 of

this Schedule, the minimum weekly remuneration payable to

whole-time employees (other than watchmen and musicians), of the

age specified in Column 1 of the Table hereunder, shall be the

appropriate rate set out in respect thereto in Columns 2, 3 or 4

thereof

RATE PER WEEK

Column 1

Column 2

Column 3

Column 4

Age

Where the

Where the

Where

employer

employer

neither

supplies one

supplies two

column 2 nor

main meal

main meals

column 3 is

per day

per day

applicable

Under 17 years

€219.47

€218.07

€220.71

17 years of age

€222.03

€220.64

€223.27

18 years of age

€229.37

€227.97

€230.61

and over

Provided that column 2 or 3 is only applicable where the

meal or meals are supplied by the employer in agreement with the

employee.

(2) The minimum weekly remuneration payable to watchmen

shall be as follows

(a) watchmen whose duties are mainly performed indoors

.................................................................... €230.61;

(b) watchmen whose duties are mainly performed out of

doors ........................................................... €232.93.

(3) The minimum weekly remuneration payable to musicians

shall be €247.54

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Hotels and Clubs Wages

Council operates.

The words "The hours of work of apprentices and learners

employed under this scheme, shall not exceed ten hours in any one

day nor their period of employment twelve hours in any one day"

contained in paragraph 7, and paragraphs 8, 9 and 10 of Scheme

No. 8 concerning the calling of cook in hotels, clubs, restaurants

and hospitals published by Government Notice No. 479 of 1953

shall not apply to learners who are employees in relation to whom

this Wage Regulation Order applies.

(i) All whole-time employees, other than musicians, shall

be allowed intervals of not less, in the aggregate, than one hour for

meals and rest in any day on which the hours of work exceed five

and a half hours.

(ii) Whole-time musicians shall be allowed intervals of not

less in the aggregate of half an hour for rest in any day.

Whole-time employees employed on maintenance work

shall be entitled to overtime remuneration as follows

(a) for all time worked on Sundays and customary

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

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

as shown in paragraph 2(a), exclusive of any time paid

for at overtime rates ...........................time-and-a-half

Provided that in any week which includes a customary

holiday, overtime shall be payable for work in excess of thirty-six

hours for a maximum of thirteen weeks between the last week in

June and first week in October in the case of employees

conditioned to a six day week and thirty-one and one quarter hours

during the rest of the year in the case of employees conditioned to a

five day week, exclusive of any time paid for at overtime rates.

Whole-time employees, other than those employed on

maintenance work, shall be entitled to the following overtime

remuneration

(a) for all time worked in excess of seven and one quarter

hours daily for a maximum of thirteen weeks between

the last week in June and first week in October or

seven and three quarters hours daily during the rest of

the year .................................................. time-and-a-

half;

(b) for all time worked in excess of the weekly hours of

work as shown in paragraph 2(a), exclusive of any

time paid for under sub-paragraph (a) of this

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

Provided that employees shall be entitled to overtime

payment for hours worked in excess of thirty-nine hours per week

only if the average hours of work in a whole calendar year exceeds

an average of forty hours per week;

(c) for all time worked on each day of rest ... double-time;

(d) in the case of watchmen -

(i)

for all time worked in excess of ten hours on any

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

(ii) for all time worked on each day of rest and

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

Provided that -

(i)

the Director may authorise an employer, in

writing, to pay overtime to specified employees,

or groups of employees, in respect only of the

hours of work in excess of the weekly average of

forty-three hours or thirty-nine hours, as the

case may be, calculated over a period including

such a number of consecutive weeks as the

Director may deem reasonable, and in such case

the provisions of sub-paragraph (a) of this

paragraph shall not apply;

(ii) the hours of work in relation to any one

employee acting as night porter on any day in

any one establishment shall include only half the

time included in a sleeping period.

Whole-time musicians shall he entitled to overtime

remuneration as follows -

(a) for all time worked in excess of five hours daily

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

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

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

(c) for all time worked on the weekly day of rest

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

(1) 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 each category, by the number of hours of work per

week for the relative category.

(2) "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, and "wholetime

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

employee in terms of any recognized conditions of employment.

PART II

This Part of the Schedule applies to employees in clubs.

Subject to the provisions of paragraphs 11 and 12 of this

Schedule, the minimum weekly remuneration for all whole-time

employees shall be related to a week of not more than

(a) forty hours in the case of all whole-time employees

except watchmen;

(b) sixty hours in the case of watchmen.

(1) The minimum weekly remuneration payable to whole-

time employees (other than watchmen) in clubs, of the age

specified i n Column 1 o f the Ta b le h e reu nder, shall be the

appropriate rate set out in respect thereto in Column 2 thereof

Column 1

Column 2

Age

Rate per week

Under 17 years

€220.71

17 years of age

€223.29

18 years of age or over

€229.44

(2) The minimum weekly remuneration payable to watchmen

in clubs 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.

All whole-time employees shall he entitled to overtime

remuneration as follows -

(a) for all time worked in excess of six and three quarter

hours ................................................ 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 the weekly day of rest

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

(d) in the case of watchmen

(i)

or all time worked in excess of ten hours on each

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

(ii) for all time worked on each day of rest and

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

Provided that -

(i)

the Director may authorise an employer in

writing to pay overtime to a specified employee

or group of employees in respect only of the

hours of work in excess of a weekly average of

forty hours calculated over such a number of

consecutive weeks as the Director may deem

reasonable, and in that case the provisions of

sub-paragraph (a) of this paragraph shall not

apply;

(ii) the hours of work in relation to one employee

acting as night porter on any day in any one

establishment shall include only half the time

included in a sleeping period.

"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, and "whole-time

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

employee in terms of any recognized conditions of employment.

The minimum remuneration payable to part-time

employees of the categories specified in paragraph 11 hereof shall

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

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

week for the relative category.

Employees working on a system of split shifts shall be

entitled to an additional payment of 50c per day worked on such

system.

PART III

This Part of the Schedule applies to all employees in coffee

shops, bars and restaurants.

In this Part of the Schedule unless the context otherwise

requires -

"half day" means a period of twelve consecutive hours ending at

1.00 p.m. or 1.00 a.m., except in the case of bars and restaurants

where it ends at 2.00 p.m. or 2.00 a.m. respectively;

"restaurant" means an establishment where meals are prepared

for consumption by customers on the premises;

"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;

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

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

employment.

Subject to the provisions of paragraph 22 of this Schedule,

the minimum weekly remuneration payable to whole-time

employees, other than watchmen, shall be related to a week of not

more than forty hours of work, and, in the case of watchmen, to a

week of not more than sixty hours of work.

Subject to the provisions of paragraph 18 of this Schedule

the minimum weekly remuneration payable to whole-time

employees shall be as follows -

(a) whole-time employees in restaurants, other than

watchmen, of the age specified in Column 1 of the

Table hereunder shall be entitled to the appropriate

rate of remuneration set out in Column 2 thereof

Minimum Remuneration

Whole-time employees in restaurants -

Column 1

Column 2

At age 16 years

€220.71

At age 17 years

€223.29

At age 18 years or over

€230.61

Provided that the employer shall have the right to deduct

from the rate shown in Column 2 above 23c for every day that he,

in agreement with the employee, provides one main meal to the

employee;

(b) whole-time employees, other than watchmen, or

employees in restaurants, to whom this Schedule

applies, of the age specified in Column 1 of the Table

hereunder, shall be entitled to the appropriate rate of

remuneration set out in Column 2 thereof.

Minimum Remuneration

Whole-time employees (other than watchmen) in establishments

other than restaurants -

Column 1

Column 2

At age 16 years

€220.71

At age 17 years

€223.29

At age 18 years or over

€230.61

(c) Watchmen shall be paid as follows

(i)

those whose duties are mainly performed

indoors .............................................. €230.61;

(ii) those 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.

All whole-time employees shall be allowed one whole day

off in every period of seven consecutive days

Provided that this paragraph shall not apply in respect of

any week in which an employee is employed on a Sunday or

customary holiday and is paid at double-time in accordance with

the provisions of paragraph 22 of this Schedule.

Whole-time employees shall be entitled to overtime

remuneration as follows

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

day from Monday to Saturday ........... 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) 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.

PART IV

This Part of the Schedule applies to all employees in

hotels, clubs, guest houses, holiday complexes, tourist villages and

licensed holiday flats.

In this Part of the Schedule unless the context otherwise

requires -

"maintenance work" means such work, connected with the

maintenance and functioning of a hotel as is normally done by

fitters, plumbers, carpenters, painters, plasterers, electricians, and

handymen, and includes any work done in a power house or boiler

room;

"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

intervals allowed for meals and rest;

"sleeping period" means a period not exceeding six consecutive

hours fixed by the employer, during which a whole-time employee

acting as night porter is provided with adequate sleeping

accommodation, is allowed to sleep, but is also required to render

occasional service;

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

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

employment.

All whole-time employees shall be allowed one whole day

off in each week as the weekly day of rest.

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

entitled to the equivalent in hours of eighteen 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) 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.

(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.

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 or in any other place

in connection with his employment 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 recognised breaks for meals and rest, and he is

not waiting for work to be given to him to perform.

PART V

This Part of the Schedule applies to all employees in

hotels, clubs, guest houses, holiday complexes, tourist villages,

licensed holiday flats, coffee shops, bars and restaurants.

In this Part of the Schedule unless the context otherwise

requires -

"customary holidays" means the days (other than Sundays)

declared for the time being to be public holiday 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;

"main meal" means lunch or dinner and breakfast or tea;

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

a half times and twice the actual time rate applicable to the

employee as if no meals, if any, were provided;

"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.

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

whole-time employees may be entitled, whole-time employees

shall be entitled to the national holidays and to all public holidays

with full pay, and to the following vacation leave not being less

than -

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

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

proportion to the number of months in employment.

(2) For the purpose of this paragraph ''vacation leave'' means

leave with pay which may be availed of on days agreed upon

between the employer and the employee, provided that one day

vacation leave during each of the calendar years 1988 and 1989,

two days vacation leave during 1990, three days vacation leave

during 1991, and 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.

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 the 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 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

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.

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.

The minimum rates prescribed by this Order shall in no

case include any tips which are earned by the employees in the

course of their duties.

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 in the above Schedule will apply to all persons

employed in hotels, guest houses, holiday complexes or tourist

villages, licensed holiday flats, clubs, coffee shops, bars and

restaurants.

Hotels include any bar, restaurant or shop run directly by the

management of a hotel as part of that hotel.

Clubs include any bar, restaurant or shop either run directly by

the management of a club, or given out under contract, for the

purpose of increasing the amenities of the club.

The term ''guest houses'', ''holiday complexes or tourist villages'',

and ''licensed holiday flats'' have the same meaning as is assigned

to them by the Malta Travel and Tourism Services Act.