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PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

17 Articles / Provisions · Malta
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Statutory Text (17 Articles)

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.76

PRIVATE CLEANING SERVICES WAGES COUNCIL

WAGE REGULATION ORDER

1st February, 2001

LEGAL NOTICE 15 of 2001, as amended by Legal Notices 427 of 2007,

150 of 2010, 362 of 2012, 334, 444 of 2013, 482 of 2014, 5 of 2016, 97 and

383 of 2017 and 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 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

(1) The title of this Order is Private Cleaning Services

Wages Council Wage Regulation Order.

(2) The provisions set out in this Order shall apply to all

employees in respect of whom the Private Cleaning Services Wages

Council operates.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

In this Order 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 from 10.00 p.m. of 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;

"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 commencing on a Monday;

"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.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

(1) The minimum weekly wage for whole-time employees,

other than watchmen, shall be related to an average of forty hours

per week spread over a period of thirteen weeks provided that the

hours of work shall not exceed forty-five hours in any one week.

(2) The minimum weekly wage for watchmen shall be related

to a week of not more than fifty-two hours.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

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

employees shall be as follows

at age 18 years and over

€229.44

at age 17 years

€222.66

at age under 17 years

€219.82.

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

is followed by one weekly day shift, such further night shift or

shifts shall entitle the employee to an extra remuneration

amounting to not less than one-fourth of his normal rate of pay.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

Part-time employees shall be paid pro rata at a basic

hourly rate not less than that applicable to whole-time employees,

namely, the appropriate rate per week shown in article 4, divided by

forty.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES 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 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

Whole time employees shall be allowed one whole day off

in every period of seven consecutive days.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

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

workers and watchmen, overtime rates shall be payable as follows

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

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

(b) for all time worked in excess of forty-five hours in any

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

(c) for all time worked in excess of an average of forty

hours per week spread over thirteen consecutive weeks

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

(d) for all time worked on the first pre-determined day of

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

(e) for all time worked on a Sunday, customary holiday or

the second or only pre-determined day of rest of the

week

double time.

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

follows

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

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

(b) for all time worked in excess of forty-five hours in any

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

(c) for all time worked in excess of an average of forty

hours per week spread over thirteen consecutive weeks

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

(d) for all time worked on the first pre-determined day of

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

(e) for all time worked on the second or only pre-

determined day of rest ............................. double time.

(3) 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.

(4)

Notwithstanding the provisions of sub-article (3) -

(a) shift employees shall not be entitled to overtime

payment for time worked in normal shift on Sundays

or on a customary holiday;

(b) 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 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

Vacation leave entitlement shall be four working weeks

and four working days and all customary holidays with full pay.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES 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 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.

Laws of Malta — Subsidiary Legislation 452.76 — PRIVATE CLEANING SERVICES 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 452.76 — PRIVATE CLEANING SERVICES WAGES COUNCIL WAGE REGULATION ORDER

After three months in employment 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 452.76 — PRIVATE CLEANING SERVICES 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 452.76 — PRIVATE CLEANING SERVICES 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 452.76 — PRIVATE CLEANING SERVICES 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 that he is resident thereon,

(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 452.76 — PRIVATE CLEANING SERVICES 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.

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