L.S. 452.146 Ordni sabiex jirregola l-Kondizzjonijiet tal-Industriji ta’ Oġġetti tal-Ġilda u Żraben

(1)The title of this order is the Leather Goods and Shoes Industries (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 in any undertaking or in part of an undertaking, the activities of which consist wholly or mainly in the following: (

1. a)the manufacture and processing of leather, leather goods, including the manufacture of handbags and gloves; and (
2. b)the manufacture of boots, shoes, sandals and other footwear, as well as of luggage, brief-cases, hand-bags, shopping bags and other bags of a similar nature: 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. 2. In this order unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap. 452. "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;    Cap. 252. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "day" means a period of twenty-four

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

(12)consecutive 1 2 [ S.L. 452.146 LEATHER GOODS AND SHOES INDUSTRIES (CONDITIONS OF WORK) 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; "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; "wages" 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. The minimum weekly wage shall be related to a week of not more than: (a) forty

(40)hours of work in the case of whole-time employees, other than watchpersons; and (b) fifty-two

(52)hours of work in the case of watchpersons. Minimum wage of whole-time employees. 4.

(1)Whole-time employees shall be entitled to the following minimum weekly wages: (

1. a)watchpersons whose duties are mainly performed indoors............................................................................€298.27 (
2. b)watchpersons whose duties are mainly performed outdoors......................................................................€300.60 LEATHER GOODS AND SHOES INDUSTRIES (CONDITIONS OF WORK) (
3. c)€229.44. other [ S.L. 452.146 3 employees...........................................

(2)In the case of shift workers, unless every weekly night shift is followed by two

(2)consecutive weekly day shifts, any further weekly night shift or shifts shall entitle the employee to additional remuneration amounting to not less than one-fourth (¼) of the normal rate of pay. 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. Uniform allowance.

(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. S.L. 646.

2. Whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less, in the aggregate, than one

(1)hour every day: Minimum daily rest. Provided that: (

1. a)subject to the provisions of paragraph (
2. b)of this proviso, the interval or intervals shall be allowed after the first hour and before the last hour of the period of employment; and (
3. 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 that half hour starts. 7. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations: Minimum weekly rest. S.L. 452.87. Provided that where a shift system precludes the allowance of two

(2)days of rest in any one

(1)week in any cycle, employees shall be allowed one day of rest in that particular week, and one of the other working days of the week shall be paid at the rate of time and a half. 8.

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

(40)hours in any week exclusive of any time paid for at over-time rate.................................................................... time-and-ahalf; (b) for all time worked in excess of eight

(8)hours on any day, and for all time worked on the first pre-determined day Minimum overtime rates. 4 LEATHER GOODS AND SHOES INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.146 of rest of the week................................................. time-and-ahalf; (

1. c)for all time worked on a Sunday or the second or only pre-determined day of rest of the week................... double time; (
2. d)for all time worked on a customary holiday, in addition to the normal hourly wage........................ double time: Provided that when a customary holiday falls on a Sunday or the other day of rest, overtime shall be paid only at double time.

(2)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-a-half; (b) for all time worked in excess of nine

(9)hours on any day..................................................................... time-and-ahalf.

(3)Notwithstanding the provisions of sub-article

(2): (

1. a)shift employees shall not be entitled to overtime payment for time worked in normal shift on Sundays or on a day of rest; (
2. b)when a customary holiday falls on a working day overtime at time and a half shall be payable to whole-time employees, other than watchpersons, for work in excess of forty

(40)hours during the week less the number of hours that would have normally been worked on such a day by such employee; (c) 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 in accordance with 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 LEATHER GOODS AND SHOES INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.146 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 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)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 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 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 half the sum established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act.    Cap. 318. 5 6 [ S.L. 452.146 LEATHER GOODS AND SHOES INDUSTRIES (CONDITIONS OF WORK)

(3)Sick leave entitlements shall apply from the first day of employment: Provided that the said entitlements shall be calculated pro rata in accordance with 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 was unfit for work during the period of absence.    S.L. 452.87.

(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. 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 thereon in any of the following circumstances: (

1. a)without the employer’s express or implied consent; (
2. b)for some purpose unrelated to his work and other than waiting for work to be assigned to him; (
3. c)solely due to the fact that he is resident thereon; (
4. d)during normal meal times in a room or place in which no work is being done, and 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 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 any regulations made under the Act.