L.S. 452.143 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għas-Settur li Jipprovdi Servizzi Privati ta’ Tindif

(1)The title of this order is the Private Cleaning 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 with establishments providing private cleaning services: 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 that 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. "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;    Cap.
3. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "day" in the case of a shift employee, means a period of twenty-four

(24)consecutive hours and in all other cases, it means a period 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

(12)consecutive hours ending at 1.00 p.m. or at 1.00 a.m; "hours of work" shall have the same meaning as assigned to it in the Act; "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; 1 2 [ S.L. 452.143 PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) "part-time employee" shall have the same meaning as assigned to it in the Act; "period of employment" shall have the same meaning as assigned to it in the Act; "shift employee" means an employee who regularly works on a shift cycle basis; "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;  S.L. 452.87. "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work. 3.

(1)The minimum weekly wage for whole-time employees, other than watchpersons, shall be related to an average of forty

(40)hours per week distributed over a period of thirteen

(13)weeks provided that the hours of work shall not exceed forty-five

(45)hours in any one week.

(2)The minimum weekly wage for watchpersons shall be related to a week of not more than fifty-two

(52)hours. Minimum wage for whole-time employees. 4.

(1)The minimum weekly wage payable to whole-time employees other than watchpersons shall be two hundred twenty-nine euro and forty-four cents (€229.44). The minimum weekly wage payable to whole-time employees who are watchpersons shall be two hundred ninety-eight euro and twenty-seven cents (€298.27).

(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 a further remuneration amounting to not less than one-fourth of his normal rate of pay. Uniform allowance. 5.

(1)When the employee is required by the employer to wear a uniform in the performance of his duties, such uniform shall be provided by the employer free of any 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 free of charge by the employer. PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) [ S.L. 452.143 6. Whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less, in the aggregate, than one hour every day: 3 Minimum daily rest. Provided that: (

1. a)subject to the provisions of paragraph (b), the interval or intervals shall be allowed after the first and before the last hour of the period of employment; and (
2. 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 such half hour commences.Minimum weekly rest. S.L. 452.87. 7. All employees shall be entitled to a rest period according to the Organisation of Working Time Regulations. 8.

(1)In the case of whole-time employees, other than shift workers and watchpersons, overtime rates shall be payable as follows: (a) for all time worked in excess of twelve

(12)hours in any one

(1)day........................ time-and-a-half; (b) for all time worked in excess of forty-five

(45)hours in any one

(1)week.....................time-and-a-half; (c) for all time worked in excess of an average of forty

(40)hours per week distributed over thirteen

(13)consecutive weeks...........................time-and-a-half; (

1. d)for all time worked on the first pre-determined day of rest..........................time-and-a-half; (
2. 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)follows: In the case of shift workers, overtime shall be payable as (a) for all time worked in excess of twelve

(12)hours in any one

(1)day......................time-and-a-half; (b) for all time worked in excess of forty-five

(45)hours in any one

(1)week.......................time-and-a-half; (c) for all time worked in excess of an average of forty

(40)hours per week distributed over thirteen

(13)consecutive weeks............................... time-and-a-half; Minimum overtime rates. 4 PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) [ S.L. 452.143 (

1. d)for all time worked on the first pre-determined day of rest..........................time-and-a-half; (
2. e)for all time worked on the second or only predetermined day of rest.............double time.

(3)follows: In the case of watchpersons, overtime shall be payable as (a) for all time worked in excess of fifty-two

(52)hours in any week of six

(6)consecutive days.....time-and-ahalf; (b) for all time worked in excess of nine

(9)hours on any day.................................time-and-a-half.

(4)Notwithstanding the provisions of sub-article

(3): (

1. a)shift employees shall not be entitled to overtime payment for time worked in normal shift on Sundays or on a customary holiday; (
2. b)in the case of watchpersons, 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

(52)hours during that week. Vacation leave. S.L. 452.

2. The employee shall be entitled to annual leave according to the Organisation of Working Time Regulations. Sick leave.       Cap.
3. 10.

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

(12)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: Provided that: (a) the first three

(3)days of any claim for sick leave shall be paid in full by the employer; (b) a medical certificate covering the period of absence shall be submitted 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; PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) [ S.L. 452.143 (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 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 six

(6)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:      Cap. 318. 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 submitted 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; (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.    Cap. 318.

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

(4)The employer may require a medical certificate by a physician of his choice to certify that the employee is unfit for work during the period of 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. 452.87. 5 6 PRIVATE CLEANING SERVICES (CONDITIONS OF WORK) [ S.L. 452.143 Waiting time. 11. 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 there in any of the following circumstances: (

1. a)without the employer’s express or implied consent; (
2. b)for some purpose not related with his work, other than that of waiting for work to be assigned to him; (
3. c)solely by reason that he is resident there; (
4. d)during normal meal times in a room or place in which no work is being carried out, and where he is not waiting for any work to be assigned to him. Other forms of leave.   S.L. 452.101. 12. Employees shall be entitled to the national holidays and to all public holidays with full pay, to all forms of leave according to 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 any regulations made under the Act.