L.S. 452.161 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol tat-Trasport Pubbliku

(1)The title of this order is the Public Transport (Conditions of Work) Regulation Order. Citation, commencement and applicability.

(2)This order shall come into force within two

(2)months from its publication in the Gazette.

(3)The wage regulation provisions established in this order shall apply to all employees specified hereunder employed in the conveyance of passengers by motor omnibuses licensed to ply for hire on public service routes, namely: (

1. a)inspectors; (
2. b)drivers; (
3. c)conductors; (
4. d)ticket sellers; and (
5. e)ticket booth attendants: 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. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "customary holidays" means the days, other than Sundays, declared to be public holidays in accordance with the National Holidays and other Public Holidays Act; "day" means a period of twenty-four

(24)consecutive hours commencing from midnight (12:00a.m.) of one day to midnight (12:00a.m.) of the next following day; *Not yet in force.   Cap.

1. 1 2 [ S.L. 452.161] PUBLIC TRANSPORT (CONDITIONS OF WORK) "Director" shall have the same meaning as assigned to it in the Act; "double time" means double the actual time rate applicable to the employee; "hours of work" shall have the same meaning as assigned to it in the Act; "normal time" means one time the actual time rate applicable to the employee; "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;  S.L. 452.
2. " rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations; "time and a half" means one and a half time 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. The minimum weekly wage shall be related to a week of not more than forty-eight

(48)hours. Minimum weekly wage of wholetime employees.

1. The minimum weekly wage payable to whole-time employees shall be two hundred and seventy-five euro and thirty-three cents (€275.33). Uniform allowance.      S.L. 646.
2. 5.

(1)When the employee is required by the employer to wear a uniform in the performance of the employee’s duties, such uniform shall be provided by the employer free of charge. Minimum weekly rest. S.L. 452.87.

(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. 6. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations. PUBLIC TRANSPORT (CONDITIONS OF WORK) [ S.L. 452.161] 7.

(1)Whole-time employees shall be entitled to the payment of overtime at a rate of time-and-a-half for all time worked in excess of an aggregate of forty-eight

(48)hours in any one week of six

(6)days, or subject to the written authorisation of the Director, for all time worked in excess of an aggregate of ninety-six

(96)hours calculated over a period of two

(2)consecutive weeks of six

(6)days each. Minimum overtime rates.

(2)Whole-time employees shall be entitled to payment of overtime at double time for all hours worked on the weekly day of rest.

1. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Vacation leave. S.L. 452.
2. 9.

(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

(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.

(2)Sick leave entitlements shall apply from the first

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

(3)The employer may require a medical certificate by a physician of his choice to certify that the employee was unfit for work 3    Cap. 318. 4 PUBLIC TRANSPORT (CONDITIONS OF WORK) [ S.L. 452.161] during the period of absence due to sick leave.    S.L. 452.87.

(4)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. 10. 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 thereon in any of the following circumstances: (

1. a)without the employer’s express or implied consent; (
2. b)for some purpose unrelated to his work, other than that of waiting for work to be assigned to him; (
3. c)solely due to the fact that he is resident thereon; (
4. d)during customary breaks for meals and rest, and he is not waiting for any work to be assigned to him. Other forms of leave. S.L. 452.101. 11. 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 any regulations made under the Act. Repeal and saving. S.L. 452.06. S.L. 452.35. 12. The Public Transport Wages Council Order and the Public Transport Wages Council Wage Regulation Order are hereby repealed without prejudice to anything done or omitted to be done thereunder.