L.S. 452.158 Ordni sabiex jirregola l-Kondizzjonijiet tax-Xogħol għall-Industriji tat-Tessuti u għall-Industriji Relatati

(1)The title of this order is the Textiles and Related 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 established in this order shall apply to all employees in any undertaking or in any part of an undertaking the activities of which consist wholly or mainly in any of the following: (

1. a)the manufacture or processing, including the spinning, weaving, knitting, finishing and any other process incidental to the foregoing, of natural, artificial or man-made fibres and fabrics; and (
2. b)fabrics: the manufacture of articles from fibres and 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 prevail. 2. In this order, unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap. 452. "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. 252. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "day" means in the case of shift employees, a period of twenty-four

(24)consecutive hours and, in all other cases, it means a period running from 12:00a.m. of one day to 12:00a.m. of the next following day; "double-time" means twice the actual time rate *Not yet in force. 1 2 TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.158] applicable to the employee; "hours of work" shall have the same meaning as assigned to it in the Act; "night shift" means any period of employment that includes any hours from 10:00p.m. of one day to 6:00a.m. of the next following day; "part-time employee" shall have the same meaning as assigned to it in the Act; "part-time watchperson" means an employee employed as a watchperson for not more than thirty-six

(36)hours a week; "period of employment" shall have the same meaning as assigned to it in the Act; "shift employee" means an employee who regularly works on a shift cycle basis; "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;  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. Hours of work. 3. The minimum weekly wages shall be related to a week of not more than: (a) forty

(40)hours of work in the case of whole-time employees other than watchpersons, to be performed in a week of five

(5)days; (b) fifty-four

(54)hours of work in the case of watchpersons, exclusive of overtime, distributed over six

(6)days. Minimum wages of whole-time employees. 4. Whole-time employees shall be entitled to the following minimum weekly wages: (

1. a)watchpersons: TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.158] 3 (
2. i)whose duties are mainly performed indoors.............................................................. €309.74; (
3. ii)whose duties are mainly performed outdoors............................................................ €312.07; (
4. b)other whole-time employees.................. €229.44; (
5. c)shift employees: (
6. i)in the case of employees assigned work on a three

(3)shift cycle and in consideration of the periods of night work, an allowance shall be paid to them equivalent to one-tenth of the normal rate. In the case of employees on a two

(2)shift basis a shift allowance shall be paid to them equivalent to one-twelfth of their normal rate; (ii) unless every weekly night shift is followed by two

(2)consecutive weekly day shifts, such further night shift or shifts shall entitle employees to an extra remuneration amounting to not less than one-fourth (1/4) of their normal rate of pay.

1. In the case of whole-time employees on piece-work the minimum piece-rate of wages shall be such that no employee shall earn, when employed on such work, less than the appropriate time rate pro rata specified in article
2. Minimum wages of piece-work employees. 6.

(1)When the employee is required to wear a uniform in the performance of the employee’s duties, such uniform shall be provided free of charge by the employer. 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 free of charge by the employer.  S.L. 646.

2. All whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less, in the aggregate, than one

(1)hour every day: Minimum daily rest. Provided that: (

1. a)subject to the provisions of paragraph (
2. b)of this proviso, the interval or intervals shall be allowed after the first or before the last hour of the period of employment; and (
3. b)where the last half hour of the period of employment is allowed as a half hour of rest, the employee shall be entitled to leave the place of work as soon as that half hour commences. 4 TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.158] Minimum weekly rest. S.L. 452.87. 8. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations: Provided that where a shift system precludes the allowance of two

(2)days of rest in any one

(1)week in any cycle, employees shall be allowed one

(1)day of rest in that particular week, and shall be paid at the rate of time and a half for any one of the other working days of the week. Minimum overtime rates. 9.

(1)In the case of all whole-time employees, other than watchpersons, overtime shall be payable as follows: (a) for all time worked in excess of eight

(8)hours on any day, and for all time worked on the first pre-determined day of rest of the week...............................................time and a half; (b) for all time worked in excess of forty

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

1. c)for all time worked on Sundays or on the second or only pre-determined day of rest of the week............double time; (
2. d)for all hours of work on customary holidays, in addition to the normal hourly wage.........................double time: Provided that where a customary holiday falls on a Sunday or another day of rest, overtime shall be paid only at double-time.

(2)follows: In the case of watchpersons, overtime shall be payable as (a) for all time worked in excess of nine

(9)hours on any day............................................................... time and a half; (b) for all time worked in excess of fifty-four

(54)hours in any week of six

(6)consecutive days.... time and a half; (c) for all time worked on the second (2nd) or only predetermined day of rest of the week and on a customary holiday................................................................... double-time.

(3)Notwithstanding the provisions of sub-articles

(1)and

(2): (

1. a)shift employees shall not be entitled to overtime payment for time worked during the normal shift on Sundays, or on a day of rest; (
2. b)when a customary holiday falls on a working day, TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.158] overtime at time and a half shall be payable to whole-time employees, other than watchpersons, for work in excess of forty

(40)hours during that week less the number of hours that would have normally been worked on such a day by that employee; (c) in the case of watchpersons, when a customary holiday falls on any day from Monday to Saturday, overtime at time and a half shall be payable to them for work in excess of forty-five

(45)hours during that week.

1. The employee shall be entitled to annual leave in accordance with 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 twelve

(12)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 set 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 is produced to the employer on the day of return to work or, if such period of absence exceeds seven days

(7), 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 the sum set 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 twelve

(12)days sick leave on half pay, less an amount equal to half the sum set 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. 5 6 TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) [ S.L. 452.158] 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 is 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 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 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

(1)day of employment: Provided that 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 was unfit for work during the period of absence.

(5)Whole-time employees employed for less than one

(1)year shall be entitled to paid sick leave in proportion to the number of months in employment.

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

(30)days, except than at the employee’s request shall not interrupt the continuity of service.    S.L. 452.87.

(7)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 wages applicable to him for all time during which he is present on the premises of his employer or elsewhere unless he is present thereon 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, other than that of waiting for any work to be assigned to him; TEXTILES AND RELATED INDUSTRIES (CONDITIONS OF WORK) (
3. c)thereon; [ S.L. 452.158] 7 solely by reason of the fact that he is resident (
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 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 regulations made under the Act. Other forms of leave.  S.L. 452.101. 14. The Textile and Allied Industries Wages Council Order and the Textiles and Allied Industries Wages Council Wage Regulation Order are hereby repealed without prejudice to anything done or omitted to be done thereunder. Repeal and saving.  S.L. 452.21. S.L. 452.55.