L.S. 452.148 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol dwar il-Prodotti tat-Tafal u l-Ħġieġ

(1)The title of this order is the Clay and Glass Products (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 part of an undertaking, the activities of which consist wholly or mainly in the manufacture of clay products, pottery, earthenware, china, ceramics, glass, glassware, mirrors, advertising displays and signs of any material, including neon signs, fibreglass, fibreglass products and ornamental stone products: Provided that in the event that there is a collective agreement applicable to the class of employees covered by this order, the most 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. "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.
3. 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 employees: Provided that in all other cases, it means a period running from midnight (12.00 a.m.) of one day to midnight (12.00 a.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 1.00 a.m.; 1 2 [ S.L. 452.148 CLAY AND GLASS PRODUCTS (CONDITIONS OF WORK) "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 10.00p.m. of one day to 6.00a.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;  S.L. 452.

1. "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations; "shift employee" means an employee who is engaged on alternate day and night shift work on a regular 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; "watchperson" means a person who guards his employer’s property against fire, theft, unauthorised entry and other similar contingencies; "week" means a calendar week; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work.
2. 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 distributed over a five

(5)day week; (b) fifty-two

(52)hours of work in the case of watchpersons distributed over a six

(6)day week. Minimum wages of whole-time employees. 4. (

1. a)Whole-time employees in the industry, other than watchpersons, shall be entitled to minimum weekly wages of two hundred and twenty nine euro and forty four cents (€229.44). (
2. b)Watchpersons shall be paid the minimum weekly wage of two hundred and ninety-eight euro and twenty-seven cents (€298.27). CLAY AND GLASS PRODUCTS (CONDITIONS OF WORK) [ S.L. 452.148 3 5. Whole-time employees engaged on night shift duty shall, whilst so engaged, be paid at an hourly rate of one and one sixth (1⅙) times the actual time rate payable to the employee. Such increased rate shall be deemed to be the actual time rate for purposes of calculating any overtime payable in accordance with article 9, in respect of any hours worked during night shift. Night shift rate. 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. 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. 646.13. 7. Whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less than one

(1)hour in the aggregate on any one

(1)day. Minimum daily rest.

1. 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.
2. 9.

(1)In the case of all employees, other than watchpersons, overtime shall be payable as follows: Minimum overtime rates. (

1. a)for all time worked in excess of the normal working hours of the establishment on any day from Monday to Saturday ........................time-and-a-half; (
2. b)for all time worked on Sundays or on customary holidays .....................double-time; (
3. c)exclusive of any overtime payable in accordance with paragraphs (
4. a)and (b), for all hours worked in excess of forty

(40)hours of work in any one

(1)week ..................timeand-a-half.

(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 one week .................time-and-a-half; (b) for all time worked on a day of rest or on a customary holiday ..................double time.

1. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Vacation leave.  S.L. 452.
2. 4 [ S.L. 452.148 Sick leave.     Cap.
3. CLAY AND GLASS PRODUCTS (CONDITIONS OF WORK) 11.

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

(10)days sick leave on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established 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 set for sickness benefit entitlement at the rate established in accordance with the Social Security Act, which amount is also to 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 is longer than seven

(7)days, within seven

(7)days of the onset of sick leave absence;   Cap. 318. (c) employees in receipt of 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 pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established in accordance with the Social Security Act.

(2)Sick leave entitlements provided shall apply from the first day of employment: Provided that the said entitlement shall be calculated pro rata in accordance with the date of employment in the relative calendar.

(3)The employer may require a medical certificate by his own physician to certify incapacity for work during the period of absence.    S.L. 452.87.

(4)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. 12. An employee shall be entitled to the payment of the actual wages applicable to him for all times during which he is present on the premises of his employer or elsewhere unless he is present thereon in any of the following circumstances: (

1. a)consent; without the employer’s expressed or implied (
2. b)for some purpose unconnected with his work and other than that of waiting for work to be given to him to CLAY AND GLASS PRODUCTS (CONDITIONS OF WORK) [ S.L. 452.148 perform; (
3. c)thereon; by reason only of the fact that he is resident (
4. d)during normal meal times in a room or place in which no work is being done and is not waiting for work to be given to him to perform. 13. Employees are 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 a National Standard Order or regulations made under the Act. Other forms of leave.  S.L. 452.101. 5