L.S. 452.154 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għan-Negozji bl-Ingrossa u bl-Imnut

(1)The title of this order is the Wholesale and Retail Trades (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 Government.

(3)The provisions established in this order shall apply to all employees engaged in the wholesale, retail and ancillary trades: Provided that the provisions of this order shall not apply to persons employed in bars, restaurants, coffee-houses, or any shop run directly under the management of a hotel or club as part of its amenities, or leased under contract for the purpose of enhancing those amenities; nor to port workers and foremen of port workers: Provided further 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.

1. In this order unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap.
2. Act; "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; "collective agreement" shall have the same meaning as assigned to it in the Employment and Industrial Relations Act; Cap.
3. Cap.
4. "double-time" means twice the actual time rate applicable to the employee; "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; "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations. S.L. 452.
5. 1 2 [S.L. 452.154 WHOLESALE AND RETAIL TRADES (CONDITIONS OF WORK) "time-and-a-half" means one and a half times the actual time rates 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; "wholesale, retail and ancillary trades" means wholesale merchants, distributors, importers, exporters, commission agents, wholesale and marketing cooperatives, retailers, lending libraries, auctioneers, hairdressers, consumers’ cooperatives and photographic studios; Hours of work.
6. The minimum weekly remuneration payable to wholetime employees shall be related to a week of not more than forty

(40)hours distributed over six

(6)days: Provided that the hours of work of watchmen shall be related to a week of not more than sixty

(60)hours distributed over six

(6)days. Minimum remuneration payable to wholetime employees. 4.

(1)The minimum weekly wage payable to whole-time employees, other than watchpersons, shall be two hundred thirty euro and sixty-one cents (€230.61), subject to the provisions of article 4 of this order.

(2)(

1. a)Watchpersons whose duties are mainly performed indoors shall be entitled to the minimum wage of three hundred and forty-five euro and ninety-two cents (€345.92); (
2. b)Watchpersons whose duties are mainly performed outdoors shall be entitled to the minimum wage of three hundred and forty-eight euro and twenty-four cents (€348.24). Uniform allowance. S.L. 646.13. Minimum daily rest. 5.

(1)When the employee is required to wear a uniform in the performance of his duties, such uniform shall be provided by the employer free of charge.

(2)Personal protective equipment in accordance with the Minimum Requirements for the use of Personal Protective Equipment at Work Regulations shall also be provided by the employer free of charge. 6. All whole-time employees shall be allowed intervals for meals and rest of not less, in the aggregate, than one

(1)hour on any WHOLESALE AND RETAIL TRADES (CONDITIONS OF WORK) [ S.L. 452.154 3 one day.

1. All employees shall be entitled to a 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 shall be entitled to overtime remuneration as follows: Minimum overtime rates. (

1. a)for all hours of work in excess of the normal hours of work in accordance with article 4 of this order................................................................. time-and-a-half; (
2. b)for all hours of work on Sundays and customary holidays.................................................................. doubletime; (
3. c)for all hours of work in any calendar week exceeding the number of working hours stipulated in the contract of service, being not more than forty

(40)hours, excluding from such number the following: (

1. i)all time paid for under the foregoing provisions of this article; and (
2. ii)the number of hours during which an employee is on holiday, sick leave or is absent from work without remuneration subject to a maximum of seven

(7)hours in respect of any whole day.......................... timeand-a-half: Provided that the Director may authorize an employer in writing to pay overtime to specified employees or groups of employees only in respect of hours of work exceeding a weekly average of the number of working hours stipulated in the contract of service, being not more than forty, calculated over such number of consecutive weeks as the Director may deem reasonable; and in that case the provisions of paragraph (a) of this article shall not apply.

(2)Watchpersons shall be entitled to overtime remuneration as follows: (a) for all hours of work by watchpersons in excess of ten

(10)hours daily or in excess of sixty

(60)hours in a period of six

(6)consecutive days...........................................time-anda-half; (b) for all hours of work by watchpersons on the seventh (7th) day, day of rest............................................... double-time. 4 [S.L. 452.154 Work on Sundays. WHOLESALE AND RETAIL TRADES (CONDITIONS OF WORK) 9.

(1)Employees in respect of whom this order applies shall be required to work on Sundays only if they have given their written consent to work on Sundays to their employer.

(2)Only employees who give their consent in terms of this article shall be required to work on Sundays. These employees shall be paid in accordance with article 8 of this order.

(3)No employee shall be subject to any disadvantage, threat or actual dismissal by his employer on account that he is not willing to give his consent to work on Sundays in terms of this article.

(4)This article shall not apply to employees who are required to work on Sundays by virtue of a pre-requisite in their contract of employment or in the written statement drawn up in accordance with the Act and any subsidiary legislation made thereunder. Vacation leave. S.L. 452.87. 10. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Sick leave. 11.

(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 to 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 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. WHOLESALE AND RETAIL TRADES (CONDITIONS OF WORK) [ S.L. 452.154

(2)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further thirty-six

(36)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 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 shall apply from the first day of employment: Provided that the said entitlement 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 a physician of his choice to certify that the employee was unfit 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.

1. 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. S.L. 452.
2. Other forms of leave. S.L. 452.
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