L.S. 452.145 Ordni sabiex jirregola l-Kondizzjonijet ta’ Xogħol għall-Prodotti tal-Karta, Plastiks, Kimiki u Petroleum

(1)The title of this order is the Paper, Plastics, Chemicals and Petroleum (Conditions of Work) Regulation Order.

(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 employed in any undertaking or part of an undertaking, the activities of which consist wholly or mainly in any one of the following: (

1. a)the extraction, preparation, processing, or manufacture of table salt, oils of any kind, fats, margarine and similar products, chemicals, including petroleum, or chemical products but excluding employees working in lime kilns; (
2. b)the manufacture of paper, packaging, or the manufacture of articles made wholly or mainly of paper, including paper bags and exercise books; (
3. c)the manufacture of cardboard or articles made wholly or mainly of cardboard, including cardboard boxes and containers; (
4. d)the processing or manufacture of plastics or articles made wholly or mainly of plastics, including polythene bags, plastic baby pants, plastic aprons and other plastic garments, polythene wrapping and plastic insulation material, but excluding: (
5. i)luggage, briefcases, handbags, shopping bags and other bags of similar nature; (
6. ii)textiles made from plastic fibres; (iii) neon signs; (
7. e)the manufacture of imitation jewellery, including costume jewellery: 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 Citation, commencement and applicability. 1 2 PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) [ S.L. 452.145 apply. Interpretation. 2. In this order, unless the context otherwise requires: "Act" means the Employment and Industrial Relations Cap. 452. Act; ''chemicals'' includes basic industrial chemicals, gases, fertilizers, natural or synthetic rubber, and petroleum but excludes gases for domestic use; ''chemical products'' includes matches, paints, varnishes, lacquers, candles, soaps, synthetic detergents, bitumen, bituminous emulsions and other articles made wholly or mainly of natural or synthetic rubber, but excludes textiles made from natural or man-made fibres, and the manufacture, repair or rebuilding and retreading of tyres; "collective agreement" shall have the same meaning as assigned to in the Act;   Cap. 252. "customary holidays" means the days, other than Sundays, declared for the time being to be public holidays under the National Holidays and other Public Holidays Act; "day" means in the case of shift employees, a period of twenty-four

(24)consecutive hours and in all other cases it means a period running from 12:00a.m. of one day to 12:00a.m. of the next following day; "double time" means twice the actual rate applicable to the employee; "half-day" means a period of twelve

(12)consecutive hours ending at 12:00p.m. or 12:00a.m.; "hours of work" shall have the same meaning as assigned to it in the Act;       Cap. 594. "learner" means a person other than an apprentice, who is over the age of fourteen

(14)years but under the age of nineteen

(19)years, who is receiving training in any calling to which this Order applies, and in respect of whom the employer holds a permit issued in accordance with the Employment and Training Services 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; "overtime" means any time worked on Sundays or on PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) [ S.L. 452.145 3 customary holidays or in excess of the normal working hours of the establishment as agreed upon between the employer and the employee; "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; ''plastics'' means any material including synthetic resins, that contains as an essential ingredient an organic substance of large molecular weight, is solid in its finished state and, at some stage in its manufacture or processing into finished articles, may be shaped by flow; "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations;  S.L. 452.

1. "shift employee" means an employee who is engaged on alternate day and night shift work on a regular cycle basis; "skilled employee" means an employee who has particular training and knowledge of the trade or machinery connected with the trade and who is able to demonstrate such skill; "time-and-a-half" means one-and-a-half the actual rate applicable to the employee; "wages" means remuneration or earnings payable in money 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.
2. The minimum weekly wage shall be related to a week of not more than: Hours of work. (a) forty-four

(44)hours of work in the case of wholetime employees other than watchpersons; and (b) sixty

(60)hours of work in the case of watchpersons, spread over a six

(6)day week. 4.

(1)Whole-time skilled employees shall not be paid in Minimum wages of whole-time employees. 4 PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) [ S.L. 452.145 any week less than the following wages: (

1. a)during the first year of employment in the trade ............................. (
2. b)during the second and subsequent years of employment in the trade ..................... €254.71; €256.46.

(2)Whole-time employees, other than skilled employees and watchpersons, shall not be paid less than €252.38 in any week.

(3)Watchpersons shall not be paid less than €344.16 in any week. Night shift allowance. 5. Without prejudice to the payment of any overtime to which such employees shall be entitled in accordance with article 8, and where no other allowance exists for morning and, or afternoon shifts, whole-time employees working on night shift duty shall, in addition to the weekly wage applicable to them, be entitled to a night shift allowance equivalent to four euro and sixty-six cents (€4.66) per week. Uniform allowance. 6.

(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 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 rates of overtime. 8.

(1)Whole-time employees other than watchpersons shall be paid at the rates of time-and-a-half for overtime work performed on week days and at double time for work performed on Sundays. The rate of double time shall be paid for work done on customary holidays in addition to the normal day’s pay.

(2)Watchpersons shall be entitled to overtime at the rate of time and a half for all time worked in excess of sixty

(60)hours over a period of six

(6)days and double time for work performed on the seventh

(7)day and on customary holidays. Vacation leave. L.S. 452.

2. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) [ S.L. 452.145 10.

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

(6)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 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; (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)Sick leave entitlements provided according to sub-article

(1)shall apply from the first day of employment: Provided that said entitlements shall be calculated pro rata in accordance with the date of employment in the relative calendar year.

(3)In every calendar year after one

(1)year’s continuous service, 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;       Cap. 318. 5 6 [ S.L. 452.145 PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) (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 terms of 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.

(4)In every calendar year after one

(1)year’s continuous service a whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further twelve

(12)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 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.

(5)Without prejudice to sub-articles

(3)and

(4), if a wholetime employee is suffering from an illness which is prolonged over a continuous period exceeding fifteen

(15)days, the period of sick leave to which the employee shall be entitled in that calendar year shall be extended to the equivalent in hours of fifteen

(15)days sick leave on full pay, followed by the equivalent in hours of fifteen

(15)days sick leave on half pay, and such leave shall be paid in accordance with subarticles

(3)and

(4), respectively: PAPER, PLASTICS, CHEMICALS AND PETROLEUM (CONDITIONS OF WORK) [ S.L. 452.145 Provided that part-time employees shall have a pro rata entitlement to such extended sick leave in hours, and such leave shall be paid in accordance with sub-articles

(3)and

(4), respectively.

(6)The employer may require a medical certificate by a physician of his choice to certify that the employee was unfit for work during the period of absence due to sick leave.

(7)The sick leave entitlement granted 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 all, 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 regulations made under the Act. Other forms of leave   S.L. 452.
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