L.S. 452.163 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol għal-Laundries

(1)The title of this order is the Laundries (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 part of an undertaking, the activities of which consist wholly or mainly in the cleaning by wet or dry processes, pressing, dyeing or repairing by hand or machine apparel of any kind, linens and household furnishings, and for all employees in any laundry in a hotel where such a laundry is not run exclusively for the use of the hotel and its visitors: 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.

1. In this Order unless the context otherwise requires: Interpretation. "Act" means the Employment and Industrial Relations Cap.
2. "customary holidays" means the days, other than Sundays, declared for the time being to be public holidays under the National Holidays and other Public Holidays Act; Cap.
3. Act; "collective agreement" shall have the same meaning as assigned to it in the Act; "day" 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 applicable to the employee; "half-day" means a period of twelve

(12)consecutive hours ending at 1:00 p.m. or 1:00 a.m.; "hours of work" shall have the same meaning as assigned *Not yet in force. 1 2 LAUNDRIES (CONDITIONS OF WORK) [ S.L. 452.163] to it in the Act; "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.

1. "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 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; "whole-time employee" shall have the same meaning as assigned to it in the Act. Hours of work.
2. The minimum weekly wages shall be related to a week of not more than: (a) forty-two

(42)hours of work between April and September and thirty-eight

(38)hours of work between October and March in the case of whole-time employees, other than watchmen; and (b) watchmen. Minimum wages of whole-time employees. fifty-four

(54)hours of work in the case of 4. Whole-time employees shall be entitled to the following minimum weekly wages: (

1. a)watchperson whose duties are mainly performed indoors..........................................................................€309.74; (
2. b)watchperson whose duties are mainly performed out of doors...................................................................€313.82; (
3. c)other whole-time employees.....................€229.44. Uniform allowance. 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. S.L. 646.13.

(2)Personal protective equipment according to the Minimum Requirements for the use of Personal Protective Equipment at Work LAUNDRIES (CONDITIONS OF WORK) [ S.L. 452.163] 3 Regulations shall also be provided by the employer free of charge. 6. 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.

1. 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.
2. 8.

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

(42)hours per week between April and September and for all time worked in excess of thirty-eight

(38)hours per week between October and March........................................... time and a half; (b) in the case of employees employed on a five and a half (5½) day week, Saturday included, for all time worked over seven hours and 40 minutes (7.40) in any day from Monday to Friday or over four

(4)hours on a Saturday between April and September, and for all time worked over six hours and 45 minutes (6.45) in any day from Monday to Friday or over four

(4)hours on a Saturday between October and March............................................................... time and a half; (c) in the case of employees employed on a five

(5)day week, Monday to Friday, for all time worked over eight hours and a half (8½), between April and September, and for all time worked over seven and a half (7½) hours between October and March......................................................... time and a half; (

1. d)for all time worked on Sundays.............double time; (
2. e)for all time worked on a customary holiday in addition to holiday pay.......................................... double time: Provided that there shall be paid to all whole-time employees, other than watchpersons, overtime at time and a half: (
3. a)for all work in excess of thirty-four

(34)hours in any week during which a customary holiday falls on any day between Monday and Friday, or in excess of thirty-eight

(38)hours where such a holiday falls on a Saturday between April and September; and (b) for all work in excess of thirty-one

(31)hours in any week during which a customary holiday falls on any day between Monday and Friday, or in 4 [ S.L. 452.163] LAUNDRIES (CONDITIONS OF WORK) excess of thirty-four

(34)hours where such holiday falls on a Saturday between October and March, in either case exclusive of time paid for at overtime rates.

(2)Overtime at the rate of time and a half shall be payable to watchpersons for all time worked in excess of fifty-four

(54)hours in a period of six

(6)consecutive days, and at the rate of double time for all time worked on the seventh

(7)day and, or on a customary holiday so however that, if a customary holiday falls on the seventh

(7)day, overtime shall be payable only at the rate of double time. Vacation leave. S.L. 452.

2. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Sick leave.    Cap.
3. 10.

(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 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 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;    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.     Cap. 318.

(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: LAUNDRIES (CONDITIONS OF WORK) [ S.L. 452.163] 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 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 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

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

(4)For the purpose of sub-articles

(1)and

(2), a break in employment of not more than forty-eight

(48)days shall not interrupt the continuity of service.

(5)The employer may require a medical certificate by a physician of his choice to certify that the employee was not fit for work during the period of absence due to sick leave.

(6)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. 452.87. 11. An employee shall be entitled to the payment of the minimum wage applicable to him for all times during which he is present on the premises of his employer unless he is present thereon in any of the following circumstances: Waiting time. (

1. a)consent; without the employer’s express or implied (
2. b)for some purpose unrelated with 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 normal meal times in a room or place in 5 6 [ S.L. 452.163] LAUNDRIES (CONDITIONS OF WORK) which no work is being carried out, and he is not waiting for any work to be assigned to him. Other forms of leave.  S.L. 452.101. 12. 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. Repeal and saving. S.L. 452.19.  S.L. 452.53. 13. The Laundries Wages Council Order and the Laundries Wages Council Wage Regulation Order are hereby repealed without prejudice to anything done or omitted to be done thereunder.