L.S. 452.162 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol tal-Uffiċċji ta’ Professjonijiet

(1)The title of this order is the Professional Offices (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 office or undertaking or part of an undertaking the activities of which consist wholly or mainly in employment in any of the offices and establishments of the following: (

1. a)trade unions including associations of a similar character, chambers of professionals and businesspersons and other associations of a similar character; (
2. b)offices of architects, engineers, lawyers, notaries public, lotto receivers, accountants, book-keepers, auditors and consultants in any branch of engineering, architecture, law and accounting; (
3. c)research and scientific establishments, except laboratories attached to private hospitals; (
4. d)market research units, advertising agencies, establishments which receive funds from the public for investment in unit trusts or which manage unit trusts, except establishments carrying out wholly or mainly insurance business: Provided that this Order shall not apply in respect of employees whose remuneration for work is regulated by a tariff established by law: Provided further that in the event that there is a collective agreement applicable to the class of employees covered by this order, the most favourable conditions in that agreement or in this order shall apply. 2. In this Order, unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap. 452. *Not yet in force. 1 2 PROFESSIONAL OFFICES (CONDITIONS OF WORK) [ S.L. 452.162] Act; "Category 1" includes charwoman or fatigueman, watchman, chainman, messenger, receptionist; "Category 2" includes telephone attendant or operator, driver, printer; "Category 3" includes clerk or clerk-typist, card puncher operator, tracer or drawing office assistant, taker off, lotto receiver assistant; "Category 4" includes shorthand typist, bookkeeper or accounts clerk, law clerk; "Category 5" includes site supervisor, draughtsman, quantity surveyor assistant or calculator, land surveyor, clerk of works, artist, accountant, audit clerk; "Category 6" includes trade unions’ or associations’ officers with executive powers; "chainman" means an employee wholly or mainly engaged in assisting a surveyor, whose duties may include the setting of a theodolite and the taking of readings therefrom, but does not include plotting;      Cap. 252. "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 under the National Holidays and other Public Holidays Act; "double time" means twice the time rate applicable to the employee; "draughtsman" means an employee who is wholly or mainly engaged in making original sketches, drawing of designs from rough sketches and in the preparation of complete working drawings. A draughtsman’s duties may include carrying out outdoor field survey work and preparing estimates under the direction of an architect, civil engineer, electrical, marine or mechanical engineer or naval architect possessing the necessary qualifications to practise the profession in Malta; "half day" means a period of half the number of daily working hours; "hours of work" shall have the same meaning as assigned to it in the Act means; PROFESSIONAL OFFICES (CONDITIONS OF WORK) [ S.L. 452.162] "law clerk" means a non-graduate who is employed to assist a lawyer, a notary public or a legal procurator in the formulation of pleadings or minutes of deeds or Public Registry notes, effects researches at the Public Registry, keeps appointments, records Court adjournments and otherwise helps his principal in the discharge of his work; "learner" means a person other than an apprentice, who is over the age of fourteen

(14)years but under the age of eighteen

(18)years and who is receiving training in any trade to which this order applies, and in respect of whom the employer holds a permit issued in accordance with the Employment and Training Services Act;        Cap.

1. "normal hours of work" means the hours of work per week agreed to between the employer and the employee in accordance with the provisions of article 3; "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; "quantity surveyor assistant or calculator" means an employee who is wholly or mainly engaged in the preparation of estimates of works under the direction of an architect and civil engineer or any electrical, marine or mechanical engineer or quantity surveyor possessing the necessary qualifications for the exercise of his profession in Malta; "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations; "site supervisor" means an employee who assists an architect, a civil engineer or any other engineer authorised to practise in Malta in the supervision of work in progress on site; "surveyor" means an employee engaged wholly or mainly in the carrying out of surveys of lands and sites for building and civil engineering purposes; "taker off" means an employee who assists a quantity surveyor assistant or calculator in his work and takes measurements on site of work or from designs to scale, but does not make any calculations. "time and a half" means one and a half times the time rate applicable to the employee; "tracer or drawing office assistant" means an employee  S.L. 452.
2. 3 4 PROFESSIONAL OFFICES (CONDITIONS OF WORK) [ S.L. 452.162] who is wholly or mainly engaged in copying drawings and parts made by a draughtsman by tracing them in ink or pencil upon transparent paper or cloth, using T-squares, compasses, pens and other drawing instruments; "wages" means remuneration or earnings payable in money 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 rate shall be related to a week of: (a) not more than forty

(40)hours of work, except in the case of watchmen; or (b) not more than sixty

(60)hours of work spread over a six

(6)day week, in the case of watchmen. Minimum wages of whole-time employees. 4. Whole-time employees shall not be paid less than the following weekly wages: CATEGORY 1 watchpersons other employees €344.16 €229.44 CATEGORY 2 On engagement €230.02 CATEGORY 3 During the first, second and third year of employment in the category During the fourth and subsequent years of employment in the category €231.19 €233.52 CATEGORY 4 During the first, second and third year of employment in the category €232.35 PROFESSIONAL OFFICES (CONDITIONS OF WORK) During the fourth and subsequent years of employment in the category [ S.L. 452.162] 5 €234.68 CATEGORY 5 During the first, second and third year  of employment in the category During the fourth and subsequent years of employment in the category €235.85 €238.18 CATEGORY 6 During the first year of employment in the category During the second year of employment in the category During the third and subsequent years of employment in the category €240.51 €245.16 €249.92 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. 646.

2. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations. Minimum weekly rest. S.L. 452.
4. In the case of whole-time employees overtime shall be payable at the following rates: Minimum overtime rates. (a) on any one week, for all time worked outside the normal hours of work in excess of forty

(40)hours, excluding any overtime paid in terms of the following provisions .................... (

1. b)for all time worked on the weekly day of rest and on the customary holidays ...................... (
2. c)time and a half; double time; employees in Category 6 shall be required to work 6 [ S.L. 452.162] PROFESSIONAL OFFICES (CONDITIONS OF WORK) overtime without remuneration according to the exigencies of their employment. Vacation leave. S.L. 452.87. 8. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Sick leave.      Cap. 318. 9.

(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 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 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: 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 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.

(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 calender year.     Cap. 318.

(3)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further period of 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 to be calculated on a pro rata basis: PROFESSIONAL OFFICES (CONDITIONS OF WORK) [ S.L. 452.162] 7 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 terms of 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 under the Social Security Act.  Cap. 318.

(4)The employer may require a medical certificate by a physician of his choice to certify that an employee is 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.    S.L. 452.

2. Employees shall be entitled to the national holidays and to all public holidays with full pay all, 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 under the Act. Other forms of leave.  S.L. 452.
4. The Professional Officers Wages Council Order and the Professional Offices 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.
5.  S.L. 452.39.