L.S. 452.141 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għas-Settur li Jipprovdi Servizzi ta’ Sigurtà Privati

(1)The title of this order is the Private Security Services (Conditions of Work) Regulation Order. Citation, commencement and applicability.

(2)This order shall come into force within two

(2)months from its date of publication in the Gazette.

(3)The provisions established in this Order shall apply to all employees who work with establishments providing private security services which include bouncers, watchpersons, wardens, bodyguards, security officers and security attendants: Provided that in the event that there is a collective agreement applicable to the class of employees covered by this Order, the more favourable conditions in such agreement or in this Order shall prevail.

1. In this order unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap.
2. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "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" means a period of twenty four

(24)consecutive hours running from midnight (12.00a.m.) of one day to midnight (12.00a.m.) of the next following day; "double-time" means twice the actual time rate applicable to the employee; "half day" means a period of twelve consecutive hours; "hours of work" shall have the same meaning as assigned to it in the Act; "part-time employee" shall have the same meaning as assigned to it in the Act;    Cap.

1. 1 2 [ S.L. 452.141 PRIVATE SECURITY SERVICES (CONDITIONS OF WORK) "period of employment" shall have the same meaning as assigned to it in the Act;  S.L. 452.
2. "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations ; "time-and-a-half" means one and a half times the actual time rate applicable to the employee; "wage" means remuneration or earnings, payable by an employer to an employee and includes any bonus payable under article 23 of the Act, other than any bonus or allowance related to performance or production; "week" means a calendar week; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work.
3. The minimum weekly wage shall be related to an average of forty

(40)hours per week calculated initially over a period of six

(6)consecutive weeks and thereafter commencing on the following first Monday, provided that the hours of work shall not exceed forty-eight

(48)hours in any one week. Minimum wage for whole-time employees. 4. The minimum weekly wages payable to whole-time employees shall be as follows: (

1. a)(
2. b)................ Wardens .................. Other employees €261.17; €229.44. Uniform allowance. 5.

(1)When the employee is required to wear a uniform in the performance of the employee’s duties, such uniform shall be provided by the employer free of charge. S.L. 646.13.

(2)Personal protective equipment according to the Minimum Requirements for the use of Personal Protective Equipment at Work Regulations shall also be provided by the employer free of charge. Minimum daily rest. 6. Whole-time employees shall be allowed intervals for meals and rest of thirty

(30)minutes in the aggregate on any one

(1)day, taking into account the exigencies of work. Minimum weekly rest. S.L.452.

2. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations. Minimum overtime rates.
3. In the case of whole-time employees, overtime rates shall PRIVATE SECURITY SERVICES (CONDITIONS OF WORK) [ S.L. 452.141 be payable as follows: (a) for all time worked in excess of thirteen

(13)hours in any one day .................... (b) for all time worked in excess of forty-eight

(48)hours in any one

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

(40)hours per week distributed over six

(6)consecutive weeks .................................................. (

1. d)(
2. i)for all time worked on the first predetermined day of rest .............................................. (
3. ii)for all time worked on the second or only predetermined day of rest ........... time-and-a-half; time-and-a-half; time-and-a-half; time-and-a-half; double time: Provided that when an employee is called to work on any day of rest, a minimum of three

(3)hours shall be paid at the appropriate rate specified in this paragraph; (e) for all extra hours worked on a customary holiday, over and above the normal hours ................................ double time: Provided that this article shall not be interpreted as conferring a right upon any person to be paid more than once at overtime rates in respect of the same hours worked. 9. The employee shall be entitled to annual leave according to the Organisation of Working Time Regulations. Vacation leave. S.L. 452.87. 10.

(1)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of fifteen

(15)days sick leave on full pay, less an amount equal to the sum established for sickness benefit entitlement at the rate determined in accordance with 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 established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act, which amount shall also be calculated on a pro rata basis: Sick leave.      Cap. 318. Provided that: (a) the first three

(3)days of any claim for sick leave 3 4 [ S.L. 452.141 PRIVATE SECURITY SERVICES (CONDITIONS OF WORK) shall be paid in full by the employer; (b) a medical certificate covering the period of absence shall be produced to the employer on the day of return to work or, if such period of absence exceeds seven

(7)days, within seven

(7)days of the commencement of such absence due to sick leave;   Cap. 318. (c) employees receiving a social security pension in respect of retirement or widowhood in accordance with he Social Security Act shall, for the purpose of calculating the sick leave payment due, be deemed to have received an amount equal to the sum established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act.     Cap. 318.

(2)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further fifteen

(15)days sick leave on half pay, less an amount equal to half the sum established for sickness benefit entitlement at the rate determined in accordance with 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 established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act, which amount shall also be calculated on a pro rata basis: Provided that: (a) the first three

(3)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 shall be produced to the employer on the day of return to work or, if such period of absence exceeds seven

(7)days, within seven

(7)days of the commencement of such absence due to sick leave;    Cap. 318. (c) employees receiving a social security pension in respect of retirement or widowhood in accordance with the Social Security Act shall, for the purpose of calculating the sick leave payment due, be deemed to have received an amount equal to half the sum established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act.

(3)Sick leave entitlements shall apply from the first day of employment: Provided that the said entitlement shall be calculated pro rata according to the date of employment in the relative calendar.

(4)The employer may require a medical certificate by a physician of his choice to certify that the employee is fit for work PRIVATE SECURITY SERVICES (CONDITIONS OF WORK) [ S.L. 452.141 during the period of absence due to sick leave.

(5)The sick leave entitlement shall be calculated on the basis provided for annual leave as specified in regulation 8

(1)of the Organisation of Working Time Regulations.    S.L. 452.

2. Employees shall be entitled to the national holidays and to all public holidays with full pay, to all forms of leave in accordance with the Minimum Special Leave Entitlement Regulations and all other forms of leave that may, from time to time, be stipulated in the National Standard Orders or regulations made under the Act. Other forms of leave.   S.L. 452.101 5