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LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.69

LEATHER GOODS AND SHOES INDUSTRIES

WAGES COUNCIL WAGE REGULATION ORDER

17th July, 1991

LEGAL NOTICE 116 of 1991, as amended by Legal Notices 427 of 2007,

149 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.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The title of this Order is Leather Goods and Shoes

Industries Wages Council Wage Regulation Order.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES 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 a shift employee, means a period of twenty-

four consecutive hours; in all other cases, it means a period running

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

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

1.00 p.m. or at 1.00 a.m.;

"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;

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

hours form 10.00 p.m. 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;

"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;

"wage" 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 wage 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, and

(b) fifty-two hours of work in the case of watchmen.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Leather Goods and Shoes

Industries Wages Council operates.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

(1) The minimum weekly wage payable to whole-time

employees, both males and females, shall be the following -

(a) watchmen whose duties are mainly performed indoors

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

(b) watchmen whose duties are mainly performed out of

doors ............................................................. €231.77

(c) other employees -

(i) at age 16 years ..................................... €219.82

(ii) at age 17 years ..................................... €222.66

(iii) at age 18 years or over ......................... €229.44.

(2) In the case of shift workers, unless every weekly night shift

is followed by two consecutive weekly day shift, such further

weekly night shift or shifts shall entitle the employee to extra

remuneration amounting to not less than one-fourth of his normal

rate of pay.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

Part-time employees shall be paid pro rata at an hourly rate

not less than that applicable to whole-time employees, namely, the

appropriate rate per week shown in paragraph 3 hereof, divided by

forty in the case of employees other than watchmen, and by fifty-

two in the case of watchmen.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES 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 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 and 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 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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 one of the

other working days of the week shall be paid at the rate of time-

and-a-half.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

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

watchmen, overtime shall be payable as follows -

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

week exclusive of any time paid for at over-time rate

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

(b) 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;

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

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

(d) for all time worked on a customary holiday, in addition

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

Provided that, when a customary holiday falls on a Sunday

or the other day of rest, overtime shall be paid only at double time.

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

follows -

(a) for all time worked in excess of fifty-two hours in any

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

(b) for all time worked in excess of nine hours on any day

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

(3) Notwithstanding the provisions of the preceding sub-

paragraph of this paragraph -

(a) shift employees shall not be entitled to overtime

payment for time worked in normal shift on Sundays

or on a day of rest;

(b) 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, exclusive of any time

paid for at overtime rate;

(c) 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 fifty-two hours during that week.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES 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 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 purposes 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 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.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

(1) After six months continuous 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 six months continuous service, 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) 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 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be entitled to a maximum of

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 such employee is injured during the actual

discharge of his duty 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 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

A whole-time employee shall be allowed three days leave

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

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

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees called for jury service shall be

allowed all necessary time off to enable them to attend to such

service in court without loss of pay.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

Whole-time employees shall be allowed two days paid

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

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

acting as the father or mother), son, daughter, brother or sister.

Laws of Malta — Subsidiary Legislation 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

An employee shall be entitled to the payment of the

minimum wage applicable to him for all time during which he is

present at the premises of his employer or elsewhere unless he is

present thereat 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 thereat;

(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 452.69 — LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

In cases where the retirement 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 he reaches the age of sixty-one years, provided

that the male 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 Schedule but is intended to indicate

its applicability).

The provisions of the above Schedule will 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 and processing of leather and leather

goods including the manufacture of gloves and the

manufacture of boots, shoes, sandals, and other

footwear, and

(b) the manufacture of luggage, brief-cases, handbags,

shopping bags and other bags of a similar nature.

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