L.S. 452.156 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għall-Industriji tat-Tagħmir tat-Trasport, tal-Metall u l-Industriji relatati magħhom

(1)The title of this order is the Transport Equipment, Metal and Allied Industries (Conditions of Work) Regulation Order.

(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 all factories engaged in the manufacture of transport equipment, metal and allied products, being factories engaged in any of the following: (

1. a)the manufacture of metal products other than the manufacture of clocks and watches, scientific and optical goods, silverware and jewellery, but including the plating and polishing of metal products; (
2. b)the manufacture of machinery; (
3. c)the manufacture of electrical machinery; (
4. d)the manufacture of transport equipment including the repair, rebuilding and retreading of tyres, but excluding the manufacture wholly or mainly of boats of wood and motorvehicle bodies; (
5. e)scrap-metal works including the cutting, sorting, crushing, breaking up or baling of metals; (
6. f)the repairs of television sets and radios; (
7. g)the manufacture of fishing flies: Provided that the provisions of this order shall not apply to any employees engaged in the installation, erection and fitting of transmission and distribution equipment for electric energy, gas or water, whether inside or outside buildings: 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 prevail. Citation, commencement and applicability. 1 2 TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.156] Interpretation. 2. In this order, unless the context otherwise requires: "Act" means the Employment and Industrial Relations Cap. 452. Act; "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 for the time being to be public holidays by, or under the National Holidays and other Public Holidays Act; "day" 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; "factory" shall include "workshop", whether or not such workshop forms part of any establishment solely or mainly engaged in activities described in paragraphs (
8. a)to (
9. g)of article 1

(3), and means any premises wherein or within the close or curtilage or precincts of which an employee or employees perform manual labour in any process for or incidental to any of the following purposes, namely: (

1. a)article; the making of any article or part of any (
2. b)the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article; or (
3. c)the adapting for sale of any articles, being premises wherein, or within the close or curtilage or precincts of which, work is carried out by way of trade or for the purpose of gain, and to or over which the employer of the employees employed therein has the right of access or control; "half day" means a period running from midnight to noon, or from noon to midnight; "hours of work" shall have the same meaning as assigned to it in the Act; "manufacture" shall include the repair of goods; "part-time employee" shall have the same meaning as assigned to it in the Act; TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.156] 3 "period of employment" shall have the same meaning as assigned to it in the Act; "shift employees" means employees in any factory to whom this order applies who normally are required to be at the disposal of their employer twenty-four

(24)hours a day; "time-and-a-half" means one and a half time 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; "week" means a calendar week; "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations;  S.L. 452.87. "whole-time employee" shall have the same meaning as assigned to it in the Act. 3. The minimum weekly wage shall be related to a working week as follows: Hours of work. (a) in the case of all employees, other than watchpersons and night shift workers, to forty

(40)hours distributed over a week of five

(5)days; (b) in the case of watchpersons to sixty

(60)hours; (

1. c)in the case of workers actually working on night shift, to thirty-seven and a half (37½) hours. 4. The minimum weekly wage payable to all whole-time employees, including learners shall be the following: (
2. a)watchpersons...........................................€345.92; (
3. b)other whole-time employees....................€230.61: Provided that: (
4. a)where an establishment operates on a working week of less than forty

(40)hours, the minimum wage stipulated above shall apply; and (b) an employee who in any week, is employed for a number of hours less than the number of hours to which his minimum weekly remuneration relates in accordance with the provisions of article 3, shall be paid Minimum wages of whole-time employees. 4 [ S.L. 452.156] TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) pro rata on an hourly rate not less than that applicable to him, namely the appropriate weekly rate divided by the number of hours per week applicable to his establishment. Shift premium. 5. Employees working on a shift system shall be paid a shift premium of two euro and thirty-three cents (€2.33) per week for working the first (morning) shift or the second (afternoon) shift. Employees working the third (night) shift shall be paid at time and a quarter normal rate. Uniform allowance. 6.

(1)When the employee is required by the employer to wear a uniform in the performance of his 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. Minimum daily rest. 7. All whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less than, in the aggregate, one

(1)hour per day: Provided that: (

1. a)subject to the provisions of paragraph (b), the interval or intervals shall be allowed after the first or before the last hour of the period of employment; and (
2. b)where the last half hour of the period of employment is allowed as a half hour of rest, the employees shall be entitled to leave the place of work as soon as that half hour starts. Minimum weekly rest. S.L. 452.87. 8. All employees shall be entitled to a rest period according to the Organisation of Working Time Regulations. Minimum overtime rates. 9.

(1)Watchpersons shall be entitled to overtime at the rate of time-and-a-half for all time worked in excess of sixty

(60)hours over a period of six

(6)consecutive days and for all time worked on the seventh day and shall be entitled to overtime pay at the rate of doubletime for all time worked on a customary holiday or vacation leave not utilised.

(2)Shift employees shall be entitled to overtime remuneration at the rate of time-and-a-half in respect of all time worked in excess of an average of forty

(40)hours in the case of day and afternoon shifts, and thirty-seven and a half (37½) hours in the case of night shift, where in any cycle of two or three weeks, as the case may be, the weekly average number of hours of work exceeds forty

(40)hours or thirty-seven and a half (37½), as the case may be. TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.156]

(3)All employees, other than those specified in sub-articles

(1)and

(2), shall be entitled to overtime remuneration as follows: (a) for all time worked in excess of forty

(40)hours in any week........................................................... time-and-a-half; (b) for all time worked in excess of eight

(8)hours on any day other than a Sunday or a customary holiday............................................................. time-and-a-half; (c) for all time worked on Sundays, customary holidays or vacation leave not granted...................................................................double time.

(4)When the normal number of working hours per week of an employee is less than forty

(40)hours, such overtime rate shall be paid for all time worked in excess of his normal number of working hours in any one

(1)week.

1. The employee shall be entitled to annual leave according to the Organisation of Working Time Regulations. Vacation leave. S.L. 452.
2. 11.

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

(20)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: 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 produced 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 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 the sum established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act.    Cap. 318. 5 6 [ S.L. 452.156]       Cap. 318. TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK)

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

(20)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: 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 exceeds seven

(7)days, within seven

(7)days of 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 half the sum established for sickness benefit entitlement at the rate determined in accordance with the Social Security Act.

(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 a physician of his choice to certify that the employee was unfit for work during the period of absence.    S.L. 452.87.

(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. Waiting time. 12. An employee shall be entitled to the payment of the minimum wage 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 there in any of the following circumstances: (

1. a)without the employer’s express or implied consent; (
2. b)for some purpose unrelated with his work and TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.156] other than that of waiting for any work to be assigned to him; (
3. c)solely by reason of the fact that he is resident there; (
4. d)during normal meal times in a room or place in which no work is being carried out and he is not waiting for any work to be assigned to him. 13. 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 regulations made under the Act. Other forms of leave.  S.L. 452.101. 7