L.S. 431.04 Regolamenti dwar il-Kummissjoni għall-Pagi Baxxi

(1)For the purposes of these regulations unless the context otherwise requires: Interpretation. "the Act" means the Malta Council for Economic and Social Development Act; Cap. 431. "Commission" means the Low Wage Commission established in accordance with regulation 4; "Council" means the Malta Council for Economic and Social Development established by virtue of article 3 of the Act.

(2)Save as otherwise provided in these regulations, the definitions provided for in the Act shall apply to these regulations. 4.

(1)There shall be established a Commission, that shall be known as the Low Wage Commission, in accordance with the provisions of these regulations. Establishment of the Low Wage Commission.

(2)The Commission shall act in accordance with the provisions of these regulations. 5. The objectives of the Commission shall be the following: (

1. a)to determine whether the minimum wage shall need reviewing; (
2. b)to ensure that minimum wages are set at adequate level; (
3. c)to define the national criteria constituents of the minimum wage; (
4. d)to take into consideration trends in the price level and increases in a number of selected collective agreements for employees on low level grades; (
5. e)to specifically ascertain that any change in the minimum wage is affordable in terms of sectoral vulnerabilities, competitiveness and productivity gains; and Objectives. 1 2 [ S.L. 431.04 LOW WAGE COMMISSION (
6. f)to ensure minimum wage adequacy and the timely and effective involvement of the social partners in the process of review and evaluation of the adequacy of the minimum wage. Composition of the Commission. 6.

(1)The Commission shall be composed of fifteen

(15)members, consisting of the Chairperson referred to under paragraph (a) and fourteen

(14)other members which shall be appointed by the Minister, as follows: (

1. a)the Chairperson of the Council who shall ex officio act as the Chairperson of the Commission; (
2. b)four

(4)members to be nominated by the workers’ organisations constituted bodies sitting on the Council; (c) four

(4)members to be nominated by constituted bodies representing national employers’ organisations sitting on the Council; (d) six

(6)members representing the Government of Malta, as follows: (

1. i)the Deputy Chairperson of the Council, who shall be acting in the absence of the Chairperson, or when generally the Chairperson cannot carry out his functions; (
2. ii)the Director General for the Department of Industrial and Employment Relations; (iii) one

(1)member nominated by the Minister for Finance; and (iv) Minister. three

(3)other members nominated by the The Minister may also appoint a secretary to assist the Commission in its work, whereas the Commission may also appoint consultants to assist it in its endeavours.

(2)The term of office for all persons appointed as members in accordance with sub-regulation

(1)(

1. b)to (
2. d)shall be of four

(4)years and the said members shall be eligible for reappointment.

(3)Members of the Commission shall be remunerated according to standard rates applicable to boards in terms of Government policy.

(4)A member of the Commission may resign at any time by giving notice in writing to the Minister. LOW WAGE COMMISSION [ S.L. 431.04

(5)A person shall be disqualified from holding office and shall cease to hold office as a member of the Commission if he: (

1. a)is declared bankrupt; (
2. b)enters into a debt agreement; (
3. c)is convicted on indictment of an offence or is convicted outside Malta of an offence consisting of acts or omissions which would constitute an offence triable on indictment if committed in Malta; (
4. d)is convicted of an offence involving fraud or misappropriation; or (
5. e)has a declaration under the Companies Act made against him or is subject or is deemed to be subject to a disqualification order by virtue of that Act.

(6)The Minister may at any time remove a member of the Commission on any one

(1)of the following grounds: (a) the member becomes in any way disqualified from holding office as such, in accordance with sub-regulation

(5); (

1. b)disability to perform his functions; (
2. c)if the member has become incapable through ill health of effectively performing his function as a Commission member; (
3. d)neglect of his duty; (
4. e)proven misbehaviour; or (
5. f)if the member has a conflict of interest of such significance that, in the opinion of the Minister, the member shall cease to hold office.

(7)Where the Minister appoints a new member of the Commission because a member of the Commission has died, resigned, been removed from office or becomes disqualified from holding office, the term of office of the new member shall be the remainder of the term of office of the former member.

(8)majority: The Commission shall determine all its matters by simple Provided that, in case of parity of votes, the Chairperson shall have a casting vote in addition to his original vote.

(9)The quorum for meetings of the Commission shall be of eight

(8)members. Cap. 386. 3 4 [ S.L. 431.04 LOW WAGE COMMISSION

(10)The Commission may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.

(11)In any case in which the Chairperson referred to in subregulation

(1)(a) is absent for a meeting of the Commission, the Deputy Chairperson shall exercise such powers as are given to the Chairperson under these regulations.

(12)Without prejudice to any provision of these regulations, the Commission shall regulate its own procedure. Experience of members of the Commission. 7. All members of the Commission to be appointed in accordance with regulations 6

(1)(b), (

1. c)and (
2. d)shall be appointed after taking into consideration their experience in social dialogue and their competence in the fulfilment of the objectives of the scope of these regulations. Functions of the Commission. 8.

(1)To fulfil its objectives, the functions of the Commission shall include the active engagement in research work for the fulfilment of the functions for which the Commission was set up for.

(2)The Commission may also seek the assistance of other entities, academics, operators or service providers as may be adequate to assist the Commission in the exercise of its functions, particularly in so far as research work is involved: Provided that such assistance shall be provided in terms of the specific agreements as may be approved by the Commission: Provided further that any agreement referred to under this sub-regulation shall be awarded and entered into in terms of the public procurement law as in force from time to time.

(3)The Commission shall submit its recommendations to the Prime Minister and the Minister every four

(4)years. The first recommendations shall be due in the year 2023.