L.S. 452.151 Ordni biex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Industriji tax-Xorb

(1)The title of this Order is the Beverage 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 of this order shall apply to all employees in any undertaking, that consists wholly or mainly in part of the bottling or production of distilled spirits, wines, malt liquors, soft drinks and carbonated beverages, and to any other activity insofar as it is incidental or ancillary thereto, without prejudice to the generality of the foregoing: (

1. a)the distillation of ethyl alcohol for all purposes, and the distilling, rectifying and blending of alcoholic liquors; (
2. b)the production other fermented beverages; of wines, cider, perry or (
3. c)the production of malt or malt liquors, including beer, ale, porter and stout; (
4. d)the manufacture of non-alcoholic beverages, including soft drinks and carbonated mineral waters: Provided that where a collective agreement applies to any 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:- "Act" means the Employment and Industrial Relations Act; Interpretation. Cap. 452. "collective agreement" shall have the same meaning as assigned to it in the Act; "customary holidays" means days, other than Sundays, declared for the time being to be public holidays under the National Holidays and other Public Holidays Act; "double-time" means twice the minimum time rate applicable to the employee;     Cap. 252. 1 2 [ S.L. 452.151 BEVERAGE INDUSTRIES (CONDITIONS OF WORK) "hours of work" shall have the same meaning as assigned to it in the Act; "outside worker" means a person employed principally outside the factory in the distribution and delivery of the employer’s products and the collection of the employer’s empty bottles and boxes; "part-time employee" shall have the same meaning as assigned to it in the Act; "shift employee" means an employee who is regularly engaged on alternate day and night shift work on a regular cycle basis; "time-and-a-half" means one and a half times the minimum 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; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work. 3. The minimum weekly remuneration shall be related to a week of not more than: (
5. a)forty

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

(52)hours of work in the case of a watchperson, spread over a week of six

(6)days. Minimum wages of whole-time employees. 4. The minimum weekly wages payable to whole-time employees shall be as follows: : (

1. a)watchperson...................... ................................................... (
2. b)other employees.................. ................................................... €298.27 x €0.58c €299.43 €232.35 x €0.58c €233.51: Provided that where the remuneration is incremental, the increment shall be awarded annually. Uniform allowance. 5.

(1)Where an employee is required to wear a uniform in the performance of his duties, the employer shall provide such uniform free of charge. BEVERAGE INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.151

(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.  S.L. 646.

2. Whole-time employees, other than watchpersons, shall be entitled to daily intervals for meals and rest of: Minimum daily rest. 3 (a) not less than one

(1)hour in the aggregate in the case of inside workers; (b) not less than one and a half (1½) hours in the aggregate in the case of outside workers.

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. 8.

(1)Whole-time employees, other than watchpersons, outside workers or shift workers shall be entitled to remuneration at overtime rates as follows: Minimum overtime rates. (a) for all time worked in excess of forty

(40)hours in any calendar week ........................................................................ (b) for all time worked in excess of eight

(8)hours on any day of a five

(5)day week............................................................... (c) for all time worked in excess of eight

(8)hours on any day of a five-and-a-half (5½) day week................................................ (

1. d)for all time worked on any customary holiday falling on a day other than a Saturday or a Sunday.................................... (
2. e)for all time worked on Sundays or on any customary holiday falling on a Saturday.......................................................... time-and-a-half; time-and-a-half; time-and-a-half; time-and-a-half; double-time: Provided that any overtime due in accordance with the provisions of sub-paragraph (
3. b)or (
4. c)overtime shall be payable only if the total time worked in any calendar week is not less than forty

(40)hours: Provided further that any reduction in hours shall not be attributable to an employer’s order or to a customary holiday falling on a working day.

(2)Whole-time outside workers may be entitled to overtime remuneration on a commission basis: Provided that such overtime remuneration may be offset 4 [ S.L. 452.151 BEVERAGE INDUSTRIES (CONDITIONS OF WORK) against any commission paid to the employee, provided that the amount of such commission is not less than the overtime remuneration due to the employee at the following rates: (a) for all time worked in excess of forty

(40)hours in any calendar week ...................................... (

1. b)for all time worked on any customary holiday falling on a day other than a Saturday or a Sunday .............................. (
2. c)for all time worked on Sundays or on any customary holiday falling on a Saturday ....................................................................... .......... time-and-a-half; time-and-a-half; double time.

(3)Shift workers shall be entitled to remuneration at overtime rates as follows: (a) for all time worked in excess of forty

(40)hours in any calendar week ...................................... (

1. b)for all time worked on any customary holiday falling on a day other than a Sunday........................................................... ............ (
2. c)for all time worked on a Sunday being in excess of forty

(40)hours in any calendar week ...................................................................... ............ time-and-a-half; time-and-a-half; double-time.

(4)Watchpersons shall be entitled to remuneration at overtime rates as follows: (a) for all time worked in excess of fifty-two

(52)hours in any calendar week ............................... (b) for all time worked on any customary holiday, including Sundays, in excess of fifty-two

(52)hours in any calendar week ............................... Vacation leave. S.L. 452.87 time-and-a-half; double-time. 9. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. BEVERAGE INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.151 10.

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

(12)days, 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 be entitled to a pro rata sick leave entitlement 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 is also to 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 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 sick leave; (c) employees receiving a social security pension for retirement or widowhood in accordance with the Social Security Act shall, for the purpose of calculating the sick leave pay, be deemed to have received an amount equal to the sum established for sickness benefit entitlement at the rate set in accordance with the Social Security Act.    Cap. 318.

(2)Sick leave entitlements in accordance with this shall apply from the first

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

(3)When a whole-time employee is in employment for less than twelve

(12)months during any calendar year, he shall be entitled to such part of the said sick leave in proportion to the number of months in employment.

(4)The employer may require a medical certificate from a physician of his choice to certify incapacity for work during the period of absence.

(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.    Cap.

2. Employees shall be entitled to national holidays and all public holidays with full pay, to all forms of leave in accordance with the Minimum Special Leave Entitlement Regulations, and to any other forms of leave that may from time to time be stipulated in the National Other forms of leave.   S.L. 452.
3. 5 6 [ S.L. 452.151 BEVERAGE INDUSTRIES (CONDITIONS OF WORK) Standard Order or any regulations made under the Act.