L.S. 452.149 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Impjegati tal-Burdnara u l-Industriji Konnessi Magħhom

(1)The title of this order is the Cargo Clearance and Forwarding Agents Employees (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 the order shall apply to: (

1. a)all employees of cargo clearance and forwarding agents in any employment relating wholly or mainly to the cargo clearance and cargo clearance and forwarding trades; and (
2. b)all employees in any undertaking or part of an undertaking engaged wholly or mainly in the clearance, haulage and transport of furniture and other household effects, and other goods or materials: 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 apply. 2. In this order unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap. 452. Act; "cargo clearance and forwarding agent" means any person whose business is, or includes all or any of the following: (
3. a)the clearing through the Department of documents relating to cargo; Customs (
4. b)the withdrawal of cargo from any customs shed, bonded store, warehouse, verandah, quay or other place of deposit and the transport of such cargo therefrom to a place of consignment; (
5. c)the withdrawal of cargo from any factory, 1 2 [ S.L. 452.149 CARGO CLEARANCE AND FORWARDING AGENTS EMPLOYEES (CONDITIONS OF WORK) warehouse or other premises and the transport of such cargo therefrom to a quay or other place of deposit for shipment; "collective agreement" shall have the same meaning as assigned to it in the Act;  Cap. 252. "customary holidays" means the days, other than Sundays, declared to be public holidays under the National Holidays and other Public Holidays Act; "day" means a period of twenty-four

(24)consecutive hours starting from 12:00 a.m. of one day to 12:00a.m. of the following day; "double time" means two times the actual time rate applicable to the employee;       Cap. 203. "employee of a cargo clearance and forwarding agent" means any employee who performs work which is usually done by an employee of a cargo clearance and forward agent duly issued with a licence by the Comptroller of Customs in accordance with the provisions of the Cargo Clearance and Transport Act, irrespective of whether or not the employer requires such a licence for the exercise of his trade; "half a day" means a period of four and a half (4½) consecutive hours; "hours of work" shall have the same meaning as assigned to it in the Act; "time-and-a-half" means one and a half time the actual time rate applicable to the employee; "part-time employee" shall have the same meaning as assigned to it in the Act; "transport employee" means any employee who performs work which is usually done by an employee in any undertaking engaged wholly or mainly in the clearance, haulage, transport of furniture and other household effects, and other goods or materials; "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; CARGO CLEARANCE AND FORWARDING AGENTS EMPLOYEES (CONDITIONS OF WORK) [ S.L. 452.149 3 "whole-time employee" shall have the same meaning as assigned to it in the Act. 3.

(1)The minimum wage to be paid to whole-time employee of a cargo clearance and forwarding agent shall be two hundred and thirty eight euro and forty one cents (€238.41) a week of not more than forty hours

(40)of work based on five

(5)days from Monday to Friday and the minimum wage of a whole-time transport employee shall be two hundred and thirty eight euro and forty one cents (€238.41) a week of not more than forty

(40)hours a week based on five

(5)days from Monday to Saturday. Work performed on the sixth (6th) day within the same week shall be remunerated with overtime rates. Minimum wages of whole-time employees.

(2)In this article "hours of work" shall not include intervals for meals and rest in accordance with the provisions of article 6.

(3)The hours of work and rates of pay of whole-time employees of cargo clearance and forwarding agents and of transport employees shall be those determined in accordance with the provisions of sub-article

(1). 4. Whole-time employees shall be entitled to the payment of overtime as follows: Minimum overtime rates. (

1. a)for all time worked on Sundays and customary holidays........ double time; (
2. b)with the exception of any overtime payable in terms of sub-paragraph (
3. a)for all time worked in excess of a full-time employee’s normal working hours each day....... timeand-a-half. 5. An employee shall be entitled to the actual rates payable to him for all time during which he is present on the premises of the employer or in any other place in connection with his employment unless he is present thereon in any of the following circumstances: (
4. a)consent; Waiting time. without the employer’s express or implied (
5. b)for some purpose unrelated to his work, other than that of waiting for work to be assigned to him; (
6. c)solely due to the fact that he is resident thereon; (
7. d)during recognised breaks for meals and rest and he is not waiting for any work to be assigned to him. 6. Whole-time employees shall be entitled to intervals for meals and rest of one

(1)hour in the aggregate on any day which shall be taken at times determined by the employer in agreement with the employee whilst taking into account the exigencies of the work. Minimum daily rest. 4 [ S.L. 452.149 CARGO CLEARANCE AND FORWARDING AGENTS EMPLOYEES (CONDITIONS OF WORK) 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. Uniform allowance. 8.

(1)When the employee shall be 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. 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 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: 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 provided to the employer on the day of return to work or, if such period of absence exceeds seven

(7)days, within seven

(7)days from 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 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: CARGO CLEARANCE AND FORWARDING AGENTS EMPLOYEES (CONDITIONS OF WORK) [ S.L. 452.149 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 provided to the employer on the day of return to work or, if such period of absence exceeds seven

(7)days, within seven

(7)days from 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 provided shall apply from the first

(1)day of employment: Provided that the said entitlements shall be calculated pro rata in accordance with 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 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 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. Other Forms of Leave.  S.L. 452.
3. 5