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NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

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Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

NATIONAL MINIMUM WAGE NATIONAL STANDARD

SUBSIDIARY LEGISLATION 452.71

NATIONAL MINIMUM WAGE NATIONAL

STANDARD ORDER

LEGAL NOTICES 126 of 1992, 180 of 1993, 186 of 1994, 189 of 1995, 7

of 1997, 224 of 1997, 272 of 1998, 220 of 1999, 265 of 2000, 307 of 2001,

378 of 2002, 418 of 2003, 506 of 2004, 412 of 2005, 331 of 2006

(consolidated, and as amended by Legal Notice 427 of 2007) and Legal

Notices 429 of 2007, 339 of 2008, 378 of 2009, 527 of 2010, 502 of 2011,

491 of 2012, 441 of 2013, 484 of 2014, 431 of 2015, 424 of 2016, 144 of

2017 and 368 of 2017, 441 of 2018, 349 of 2019 and 467 of 2020

consolidated.

Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

The title of this Order is National Minimum Wage National

Standard Order.

Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

Substituted by

L.N. 427 of 2007.

Amended by

National Minimum Wage

L.N. 339 of 2008

L.N. 378 of 2009;

Effective from 1st January, 1993

per week

L.N. 527 of 2010;

L.N. 502 of 2011;

age 18 and over

€85.32

L.N. 491 of 2012;

age 17 years

€78.55

L.N. 441 of 2013;

L.N. 484 of 2014;

under 17 years

€75.68

L.N. 431 of 2015;

L.N. 424 of 2016;

L.N. 368 of 2017;

Effective from 1st January, 1994

per week

age 18 and over

€88.82

age 17 years

€82.04

under 17 years

€79.20

Effective from 1st January, 1995

per week

age 18 and over

€94.06

age 17 years

€87.28

under 17 years

€84.44

Effective from 1st January, 1996

per week

age 18 and over

€98.72

age 17 years

€91.94

under 17 years

€89.10

Effective from 1st January, 1997

per week

age 18 and over

€102.21

age 17 years

€95.43

under 17 years

€92.59

Effective from 1st April, 1997

per week

age 18 and over

€102.80

age 17 years

€96.02

under 17 years

€93.17

Effective from 1st January, 1998

per week

age 18 and over

€106.29

age 17 years

€99.51

under 17 years

€96.67

Effective from 1st January, 1999

per week

age 18 and over

€110.37

age 17 years

€103.59

under 17 years

€100.75

Effective from 1st January, 2000

per week

age 18 and over

€112.70

age 17 years

€105.92

under 17 years

€103.07

Effective from 1st January, 2001

per week

age 18 and over

€116.19

age 17 years

€109.41

under 17 years

€106.57

Effective from 1st January, 2002

per week

age 18 and over

€119.68

age 17 years

€112.90

under 17 years

€110.06

Effective from 1st January, 2003

per week

age 18 and over

€123.76

age 17 years

116.98

under 17 years

€114.14

Effective from 1st January, 2004

per week

age 18 and over

€125.51

age 17 years

€118.73

under 17 years

€115.89

Effective from 1st January, 2005

per week

age 18 and over

€129.88

age 17 years

€122.80

under 17 years

€119.96

Effective from 1st January, 2006

per week

age 18 and over

€134.82

age 17 years

€128.05

under 17 years

€125.20

Effective from 1st January, 2007

per week

age 18 and over

€138.90

age 17 years

€132.12

under 17 years

€129.28

Effective from 1st January, 2008

per week

age 18 and over

€142.39

age 17 years

€135.61c

under 17 years

€132.77c

Effective from 1st January, 2009

per week

age 18 and over

€146.47

age 17 years

€139.69c

under 17 years

€136.85c

Effective from 1st January, 2010

per week

age 18 and over

€152.29

age 17 years

€145.51c

under 17 years

€142.67c

Effective from 1st January, 2011

per week

age 18 and over

€153.45

age 17 years

€146.67c

under 17 years

€143.83c

Effective from 1st January, 2012

per week

age 18 and over

€158.11

age 17 years

€151.33c

under 17 years

€148.49c

Effective from 1st January, 2013

per week

age 18 and over

€162.19

age 17 years

€155.41c

under 17 years

€152.57c

Effective from 1st January, 2014

per week

age 18 and over

€165.68c

age 17 years

€158.90c

under 17 years

€156.06c

Effective from 1st January, 2015

per week

age 18 and over

€166.26c

age 17 years

€159.48c

under 17 years

€156.64c

Effective from 1st January, 2016

per week

age 18 and over

€168.01c

age 17 years

€161.23c

under 17 years

€158.39c

Effective from 1st January, 2017

per week

age 18 and over

€169.76c

age 17 years

€162.98c

under 17 years

€160.14c

Effective from 1st January, 2018

per week

age 18 and over

€172.51c

age 17 years

€165.73c

under 17 years

€162.89c

Effective from 1st January, 2019

per week

age 18 and over

€175.84c

age 17 years

€169.06c

under 17 years

€162.22c

Effective from 1st January, 2020

per week

age 18 and over

€179.33c

age 17 years

€172.55c

under 17 years

€169.71c

Effective from 1st January, 2021

per week

age 18 and over

€181.08c

age 17 years

€174.30c

under 17 years

€171.46c

Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

The national minimum wage of part-time employees shall

be calculated pro rata at the same hourly rate of a comparable

whole-time employee as applicable in accordance with the

minimum wage of the relevant Wage Regulation Order, or in cases

where a Wage Regulation Order is not applicable, at an hourly rate

not below the National Standard Minimum Wage applicable, as

determined in accordance with the Schedule and divided by forty.

Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

Where any Wages Council Wage Regulation Order applies

to any employee, the wages payable to such employee in respect of

2017 shall not be less than those laid down by such Wages Council

Wage Regulation Order, applicable for 2016 adjusted for cost of

living by any increases of wages declared to be generally

applicable to all whole-time employees in terms of article 8 of the

Employment and Industrial Relations Act, or by any wage increases

for cost of living laid down by any National Standard Order

applicable in respect of 2017.

Laws of Malta — Subsidiary Legislation 452.71 — NATIONAL MINIMUM WAGE NATIONAL STANDARD ORDER

(1) Employees who are paid the weekly minimum wage as

set out in the Schedule to this Order, or a weekly wage equivalent

to the minimum wage set out in the said Schedule, shall, upon the

completion of the first year of employment with the same

employer, be entitled to the following mandatory supplement of

(a) three euro (€3) per week to be effected upon the start

of the second year of employment so that the basic pay

of the employee concerned shall be the weekly

minimum wage as set out in the Schedule or the

equivalent to the latter topped up by three euro (€3);

and

(b) upon completion of the second year, to a further three

euro (€3) per week to be effected upon the start of the

third year of employment so that the basic pay of the

employee concerned for that year and onwards shall be

the weekly minimum wage as set out in the Schedule

or the equivalent to the latter topped up by six euro

(€6).

(2)

Employees who are paid more than the weekly minimum

NATIONAL MINIMUM WAGE NATIONAL STANDARD

wage as set out in the Schedule to this Order, or more than the

weekly wage equivalent to the minimum wage set out in the said

Schedule, whether by virtue of any law, regulation or order or by

virtue of a contract of employment, shall, upon the completion of

the first year of employment with the same employer, be entitled, to

that portion of the mandatory supplements as provided in sub-

article (1) sohowever that their weekly minimum wage topped up

with the amounts in paragraphs (a) and (b) of sub-article (1) shall

not exceed the weekly minimum wage as set out in the Schedule to

this Order, or a weekly wage equivalent to the minimum wage set

out in the Schedule to this Order topped up with the supplements

laid down in paragraphs (a) and (b) of sub-article (1).

(3) Those employees, who, on the 28th April 2017, have

already completed at least one year of employment with the same

employer and who are paid the weekly minimum wage as set out in

the Schedule to this Order, or a weekly wage equivalent to the

minimum wage set out in the said Schedule, shall be entitled to the

mandatory supplements as laid down in sub-article (1) as follows

(a) with effect from 1 st January 2017, the said employees

shall be entitled up to a maximum of three euro (€3)

per week adjustment in terms of sub-article (1);

(b) in 2018, the said employees shall be entitled up to a

maximum of three euro (€3) per week adjustment in

terms of sub-article (1); and

(c) in 2019, the said employees shall be entitled to the

balance so as to reach an increase of six euro (€6) in

the minimum wage, provided that the employees will

have been in employment with the same employer for

at least three years.

(4) For the purposes of this article, the term "employment with

the same employer" shall mean employment with the employer who

had engaged the employee originally and shall include other

entities within the same group of companies of which the employer

forms part.

(5) Notwithstanding anything stated to the contrary in article

33 of the Employment and Industrial Relations Act, any other law,

regulation or order

(a) all those employees who are entitled to the mandatory

supplements in terms of this article and who are

engaged on a definite contract of employment in terms

of the Employment and Industrial Relations Act or of

any subsidiary legislation issued thereunder, shall not,

upon the expiry of their definite contract of

employment, be substituted by another employee for

up to one year from that date upon which the contract

has expired, unless the employer informs the said

employee that there is a good and sufficient cause to

substitute that employee and specifically states what

constitutes the good and sufficient cause in writing;

and

(b) with respect to all those employees who are entitled to

the mandatory supplements in terms of this article and

who are engaged on a definite contract of employment

in terms of the Employment and Industrial Relations

Act or of any subsidiary legislation issued thereunder,

if, within six months from the expiry of the first

contract of employment, such employee is offered

another fixed term contract, the two periods shall be

considered as one continuous period.

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