PROCEDURE OF WAGES COUNCILS REGULATIONS

PROCEDURE OF WAGES COUNCILS

SUBSIDIARY LEGISLATION 452.09

PROCEDURE OF WAGES COUNCILS

REGULATIONS

13th January, 1953

GOVERNMENT NOTICE 385 of 1953, as amended by Government

Notices 209 and 552 of 1955; Emergency Ordinance VI of 1958; and

Ordinances XVII of 1961 and XXV of 1962.

(1) The title of these regulations is the Procedure of Wages

Councils Regulations.

(2) The definitions set out in article 2 of the Employment and

Industrial Relations Act (hereinafter referred to as "the Act") are

applicable to these Regulations.

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

Regulation 9 of the Procedure of Wages Councils Regulations

SUMMONSES OF WITNESSES

To .............................

W H E R E A S i n t he i n ve s t ig a t i on s b e i ng c a r i e d ou t b y t h e

...................................... Wages Council, appointed by the Minister

responsible for Social Policy by Government Notice No.

.................... of .................. the evidence of ..................... is

required.

You are therefore requested to summon the said witness to attend

be fo r e t he s a id Wag e s C ou n c i l a t th e O ff i c e o f t h e L a b o ur

Department ........................ Valletta, on ......................... and so on

any other day to which the hearing may be adjourned, to give

evidence, or to produce the following documents

You will warn the said ...................................... that he shall be

liable to the penalties contemplated in article 7 of the above Act

and he may be compelled to attend by a warrant of escort and he

shall be liable to all other consequences according to the provisions

of the Code of Organization and Civil Procedure subject to the

provisions of Government Notice No. 385 of 10 July, 1953.

Given by order of the ............................... Wages Council.

Witness the Secretary of the same.

This ............... day of ..............19

SECRETARY

............................. Wages Council

Notice of a meeting of a Wages Council appointed as

provided in the Act, shall be deemed to be sufficiently given to a

member of the Council if sent by post to his ordinary or last known

address, but the accidental omission to give notice of a meeting to,

or the non-receipt of notice by, any member shall not invalidate the

proceedings of any meeting.

(a) In order to constitute a meeting of the Council there

shall be present at least one of the members appointed

by the Minister as being independent persons, one of

the members appointed by the Minister as representing

employers, and one of the members appointed by the

Minister as representing employees.

(b) When more than one independent person have been

appointed to membership of the Council, the Minister

shall select therefrom and appoint a Deputy Chairman

in addition to the Chairman appointed in terms of

article 6(2) of the Act.

The members appointed as representing employers are

hereinafter referred to as the "employers’ side", those representing

employees are hereinafter referred to as the "workers’ side", and

those appointed as independent members are hereinafter referred to

as the "independent members".

Every member of a Wages Council shall have one vote

Provided that the Chairman or in his absence the Deputy

Chairman, if any, may if he think it desirable, and shall at the

request of either the employers’ side or the workers’ side, take a

vote by sides. In such a division the independent members shall not

vote, but, in the event of the division resulting in a disagreement

between the two sides, the question may be decided by the majority

vote of the independent members or, if one only is present, by the

vote of that independent member.

PROCEDURE OF WAGES COUNCILS

In the matter of enforcing the attendance of witnesses a

Wages Council shall have the same powers as a civil court as set

out in the Code of Organization and Civil Procedure except that it

shall not in any case be enabled to order the arrest of any person

and except that the duties of a court usher and of a court marshal

shall be performed by members of the Executive Police detailed for

the purpose by the Commissioner of Police.

Witnesses shall be paid fees in accordance with the

Witnesses (Fees) Ordinance.

Minutes of proceedings of each meeting of the Council

shall be kept in original but no copies of the minutes shall be

distributed to members. Wherever possible, minutes of the Council

shall be confirmed at the next following meeting and shall then be

signed by the Chairman of the meeting at which confirmation takes

place.

Summonses requiring the attendance of witnesses shall be

served on the form prescribed in the Schedule, and shall contain an

order to appear before the Wages Council concerned at a stated

place and time for the purpose of giving evidence or to produce

documents, if necessary, and shall be signed by the Chairman or by

the Secretary of the Wages Council.

PROCEDURE OF WAGES COUNCILS