L.S. 452.164 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol tal-Ġojjellerija u l-Arloġġi

(1)The title of this order is the Jewellery and Watches (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 gilding, engraving in gold or silver or in the manufacture or repair of jewellery, clocks and watches: 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 apply.

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 by, or 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 of twenty-four

(24)consecutive hours commencing from midnight (12.00a.

1. m)of one day to midnight (12.00a.
2. m)of the next following day; "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; "jewellery" means articles made wholly or mainly of or covered with gold, silver, platinum or other precious metals and includes diamonds or precious stones, articles of rolled gold; *Not yet in force. 1 2 [ S.L. 452.164] JEWELLERY AND WATCHES (CONDITIONS OF WORK) "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. 452.87. "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. 3. The normal hours of work of the establishment shall be distributed between the times of 7:30 a.m. and 5:30 p.m. on any day of the week from Monday to Friday, both days inclusive. Hours worked on Saturday shall be compensated by an equivalent number of hours of time off in lieu. Minimum weekly wages of wholetime employees. 4.

(1)The minimum weekly wages of whole-time employees, other than watchpersons, shall be as follows: (a) During the first two

(2)years of employment in the trade............................................................................. €229.44; (b) During the third

(3)year of employment in the trade..............................................................................€233.52; (c) During the fourth

(4)year of employment in the trade..............................................................................€235.85; (d) During the fifth

(5)year of employment in the trade..............................................................................€238.18.

(2)The minimum weekly watchpersons, shall be as follows: wages of whole-time (

1. a)those whose duties are mainly performed indoors..........................................................................€344.16; (
2. b)those whose duties are mainly performed outdoors........................................................................€346.49. JEWELLERY AND WATCHES (CONDITIONS OF WORK) [ S.L. 452.164] 3

(3)The minimum weekly wage of whole-time employees, other than watchpersons, shall be related to a forty

(40)hour working week, while that of watchpersons shall be related to a sixty

(60)hour working week. 5.

(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. Uniform allowance.

(2)Personal protective equipment in accordance with 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. Whole-time employees, other than watchpersons, shall be allowed intervals for meals and rest of not less than one and a half (1½) hours in the aggregate on any day from Monday to Friday and of not less than a quarter (¼) of an hour on any Saturday. Minimum daily rest.
3. All employees shall be entitled to a rest period in accordance with the Organisation of Working Time Regulations. Minimum weekly rest. S.L. 452.
5. Subject to the provisions of article 3: Minimum overtime rates. (a) whole-time employees, other than watchpersons, shall be paid overtime as follows: (i) for all time worked in excess of the normal hours of work of the establishment....... time-and-a-half; (ii) for all time worked during Sundays and customary holidays......................................double-time; (iii) for all time worked in excess of forty

(40)hours, except work performed on Saturdays which may be compensated by the same number of hours of time off in lieu, in any one

(1)week, exclusive of any overtime payable in accordance with sub-paragraphs (

1. i)and (ii).......................................................... time-and-a-half; (
2. b)watchpersons shall be paid overtime for all time worked in excess of sixty

(60)hours in any one week..................................................................time-and-a-half.

1. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Vacation leave. S.L. 452.
2. 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 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 Sick leave.      Cap. 318. 4 [ S.L. 452.164] JEWELLERY AND WATCHES (CONDITIONS OF WORK) 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 is also to 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 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 twenty-four

(24)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 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 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 set for sickness benefit entitlement at the rate determined in accordance with the Social Security Act. JEWELLERY AND WATCHES (CONDITIONS OF WORK) [ S.L. 452.164] 5

(3)Sick leave entitlements shall apply from the first

(1)day of employment. Provided that the said entitlement 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 is unfit for work during the period of absence.

(5)For the purpose of this article, a break in employment of not more than two

(2)months shall not interrupt the continuity of service.

(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 remuneration 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: 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)thereon; 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 done, and he is not waiting for any work to be assigned to him. 12. Employees shall b 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. Other forms of leave.  S.L. 452.101. 13. The Jewellery and Watches Wages Council Order and the Jewellery and Watches Wages Council Wage Regulation Order are hereby repealed without prejudice to anything done or omitted to be done thereunder. Repeal and saving. S.L. 452.31. S.L. 452.56.