L.S. 452.153 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għax-Xogħol tal-Injam

(1)The title of this order is the Woodworks (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 engaged in establishments manufacturing furniture, fixtures and other articles wholly or mainly in wood, excluding smokers’ pipes but including boats and motor vehicles bodies, upholstery and wicker or cane work, whether natural or artificial, and for employees employed by woodwork contractors in building and civil engineering: Provided that in the event that there is a collective agreement applicable to the class of employees covered by this order, the more favorable 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 by, or 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 commencing from midnight (12:00 a.m.) of one day to midnight (12:00 a.m.) of the following day; "double time" means twice the actual time rate applicable to the employee; "experience in the trade" means one

(1)or more periods certified by the Director, during which a person to whom this Order applies is employed as a learner with one or more employers, whether continuously or otherwise; 1 2 [ S.L. 452.153 WOODWORKS (CONDITIONS OF WORK) "half day" means a period of twelve

(12)consecutive hours commencing at midnight (12:00 a.m.) and ending at noon (12:00 p.m.), or commencing at noon (12:00 p.m.) and ending at midnight (12:00 a.m.); "hours of work" shall have the same meaning as assigned to it in the Act; "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; "recognised breaks" means breaks which are customary among particular sections of employees to which this order applies;   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; "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; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work. 3.

(1)The minimum weekly remuneration for wholetime employees, other than watchpersons, shall be related to a week of not more than forty

(40)hours of work, exclusive of overtime and of recognised breaks for meal time and rest: Provided that for day workers, such hours of work shall be distributed over a five

(5)day week, Monday to Friday or Tuesday to Saturday.

(2)The minimum weekly remuneration for watchpersons shall be related to a week not exceeding fifty-two

(52)hours of work, exclusive of overtime, distributed over six

(6)days. WOODWORKS (CONDITIONS OF WORK) [ S.L. 452.153 4. Subject to the provisions of article 8 of this order, the minimum wage rates payable to whole-time employees, shall be the following: 3 Minimum remuneration of whole-time employees. (

1. a)(
2. i)watchpersons whose duties are mainly performed indoors.............................................. €298.27; (
3. ii)watchpersons whose duties are mainly performed out doors............................................€300.60; (
4. b)other whole-time employees...................€229.44. 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. 424.21. 6. 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 day on which the hours of work exceed five and a half (5 1/2) hours . Minimum daily rest.

1. All employees shall be entitled to a rest period according to the Organisation of Working Time Regulations. Minimum weekly rest. S.L. 452.
2. 8.

(1)Subject to the provisions of this article and of article 4 of this order, minimum overtime rates are payable to all whole-time employees, other than watchmen, to whom this order applies, shall be follows: Minimum overtime rates. (a) on any day, being a working day in respect of the particular employee, for all time worked in excess of eight

(8)hours................................................................. time-and-a-half; (

1. b)for all time worked on any day, other than a Sunday or a customary holiday, not being a working day in respect of the particular employee........................................... time-and-a-half; (
2. c)for all time worked in excess of forty

(40)hours in any week exclusive of any time paid for at overtime rates................................................................... time-and-ahalf; (

1. d)time; for all hours work on a Sunday.............. double- 4 [ S.L. 452.153 WOODWORKS (CONDITIONS OF WORK) (
2. e)for all time worked on a holiday..................................................................... time: customary double- Provided that in any week which includes a customary holiday on a working day overtime at time-and-a-half shall be payable for work in excess of thirty-two

(32)hours, exclusive at time paid for at overtime rates, to all employees other than watchpersons.

(2)Overtime at the rate of time-and-a-half shall be payable to watchpersons for all time worked in excess of fifty-two

(52)hours in a period of six

(6)consecutive days, and for all time worked on the seventh day. 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. 11.

(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 established under 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 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 of 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 established for sickness benefit entitlement at the rate established 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 established 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 WOODWORKS (CONDITIONS OF WORK) [ S.L. 452.153 half the established 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 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 is longer than seven

(7)days, within seven

(7)days of the onset of sick leave absence; (c) employees in receipt of a social security pension in respect of retirement or widowhood in accordance with of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to half the sum established for sickness benefit entitlement at the rate established under the Social Security Act.    Cap. 318.

(3)Sick leave entitlements shall apply from the first day of employment: Provided that the said entitlements shall be calculated pro rata according to the date of employment in the relative calendar year.

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

(5)For the purposes of this article a break in employment of not more than thirty

(30)days shall not be deemed to interrupt the continuity of service.

(6)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. 452.87 12. An employee shall be entitled to the payment of the minimum remuneration applicable to him for all time during which he is present on the premises of his employer or in any other place in connection with his employment unless he is present thereon in any of the following circumstances: Waiting time. (

1. a)consent; without the employer’s express 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 perform; 5 6 [ S.L. 452.153 WOODWORKS (CONDITIONS OF WORK) (
3. c)thereon; by reason only of the fact that he is resident (
4. d)during recognised breaks for meals and rest, and he is not waiting for work to be given to him to perform. Other forms of leave.  S.L. 452.101. 12. Employees are 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 regulations made under the Act.