L.S. 452.166 Ordni sabiex jirregola l-Kondizzjonijiet ta’ Xogħol tal-Isptarijiet u l-Kliniki

(1)The title of this order is the Hospitals and Clinics (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 private hospital, nursing or convalescent home, dental or other clinic including dental mechanics and medical or nursing institutions or similar establishments: Provided that this order shall not apply to employees whose remuneration for service is regulated by a fee established under any other law: Provided further 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 that 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. Act; "clinic" means any establishment, other than a hospital, where persons attend for medical examination or treatment , and shall include ante-natal clinics, X-ray clinics and medical laboratories, but excludes any institution which is not run as a profitable concern: Provided that where a clinic is situated within a pharmacy, the employees of such pharmacy shall not be deemed to be employees of that clinic; "collective agreement" shall have the same meaning as assigned to it in the Act; "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; *Not yet in force.   Cap.
3. 1 2 [ S.L. 452.166] HOSPITALS AND CLINICS (CONDITIONS OF WORK) "double time" means double the actual time rate payable to the employee; "hospital" means any institutution providing medicosurgical treatment, any maternity home or hydropathic establishment, including homes for elderly persons and sanatoria but excluding such charitable institutions identified as may be identified by the Minister responsible for employment and industrial relations;"hours of work" shall have the same meaning as assigned 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.
4. "rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations; "semi-skilled worker" means a worker who would otherwise be classified as a skilled worker but has not undergone an apprenticeship in the trade; "shift employee" means an employee who is regularly engaged on alternating periods of work in accordance with a predetermined roster;"time-and-a-half" means one-and-a-half the actual time rate payable 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. Minimum wages.
5. Whole-time employees shall not be paid less than the rates of pay applicable to their grade as follows: CATEGORY A - (Employees who by the nature of their duties ordinarily come into direct contact with patients) Hospital /Clinic Attendant €11,930.91 per annum rising by increments of €55.90 up to a maximum of €12,303.61 per annum. Enrolled Nurse HOSPITALS AND CLINICS (CONDITIONS OF WORK) [ S.L. 452.166] €12,194.12 per annum rising by annual increments of €83.86 until it reaches a salary of €13,209.45 per annum. This salary applies to those employees who by the nature of their duties administer medical care to patients. Staff Nurse/State Registered Nurse €12,678.64 per annum rising by increments of €83.86 per annum until it reaches a salary of €13,028.88 per annum and thereafter by increments of €111.81 per annum up to a maximum of €13,722.83 per annum: Provided that State Registered Nurses who in addition to their normal duties also perform the work of a midwife shall be entitled to an increase of €111.81 per annum in addition to their normal salary. CATEGORY B - (Employees who by the nature of their duties do not ordinarily come into direct contact with patients.) Hospital Auxiliaries (a) Servants and Laundry Employees €229.44 per week rising by annual increments of €1.16 per week up to a maximum of €235.24 per week. (b) Fatiguemen/Fatiguewomen/Labourers/Caretakers/ Gate-keepers €232.35 per week rising by annual increments of €1.75 per week up to a maximum of €237.60 per week. The duties of a gate-keeper shall consist only of controlling entry to and exit from the hospital grounds. Semi-Skilled Workers €237.01 per week rising by annual increments of €1.75 per week up to a maximum of €242.26 per week. Skilled Workers €239.34 per week rising by annual increments of €1.75 per week up to a maximum of €247.49 per week. Non-Industrial Employees clerk, clerk/clerk typist) (including appointments €233.52 per week rising by annual increments of €1.75 per week up to a maximum of €243.42 per week. 3 4 HOSPITALS AND CLINICS (CONDITIONS OF WORK) [ S.L. 452.166] CATEGORY C Dental Auxiliaries During the first year of employment in the profession, an employee under the age of eighteen

(18)years shall receive a minimum wage of €229.44 per week; after the first year of employment in the profession, the wages per week shall not be less than €232.93 per week, rising by annual increments of €1.28 per week up to a maximum of €239.33 per week. Dental Laboratory Assistants €232.35 per week rising by annual increments of €1.75 per week up to a maximum of €237.60 per week. Dental Mechanics Where a Dental Mechanic in possession of a qualification recognised by the Advisory and Executive Board performs work on the construction of dentures and other related work, whether or not he also performs all or any of the following additional duties, namely the construction of obturators, splints for fractures, chrome cobalt prosthesis, precision attachment bridge work and porcelain fused to gold bridge work, he shall be entitled to a salary of €12,678.64 per annum, rising by annual increments of €83.86 up to €13,028.87 per annum, and thereafter by annual increments of €111.81 up to a maximum of €13,722.66 per annum. In the case of a Dental Mechanic not in possession of the required qualifications, the employee shall receive a wage of €239.34 per week, rising by annual increments of €1.75 per week up to a maximum of €245.75 per week. Over-time. 4. Whole-time employees shall be paid overtime at the following rates:

(1)Hospitals (

1. a)for all time worked in excess of the ordinary hours of work on any day of the week, including any weekly day of rest except Sundays or customary holidays............................................................. time-and-a-half; (
2. b)for all time worked on Sundays or customary holidays................................................................... double-time.

(2)Clinics (

1. a)for all time worked in excess of the ordinary hours HOSPITALS AND CLINICS (CONDITIONS OF WORK) [ S.L. 452.166] 5 of work on any day except Sundays or customary holidays............................................................ time-and-a-half; (
2. b)for all time worked on Sundays or customary holidays..................................................................double-time. 5. The ordinary hours of work of all whole-time employees in any establishment or organisation shall not exceed in the aggregate forty

(40)hours of work in any one

(1)week, and the minimum wage of such employees shall be related to a week of not more than forty

(40)hours of work: Ordinary hours of work. Provided that: (

1. a)the ordinary hours of work of whole-time shift employees in any hospital shall be arranged within a continuous period of employment determined by the employer in agreement with the employees, in accordance with a roster prepared by the employer; (
2. b)the ordinary hours of work of whole-time employees other than shift workers employed in any hospital shall be arranged within a continuous period of employment of not more than nine

(9)hours on any one

(1)day inclusive of the rest period; and (c) the ordinary hours of work of whole-time employees employed in any clinic shall be arranged between the times of 8.00 a.m. and 7.00 p.m. on any one

(1)day from Monday to Friday. On Saturday the hours of work shall be between the times of 8.00 a.m. and 1.00 p.m. 6. An employee shall be entitled to the payment of the minimum remuneration applicable to him for all times during which he is present on the premises of his employer unless he is present there in any of the following circumstances: (

1. a)consent; Waiting time. without the employer’s express or implied (
2. b)for some purpose not related 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 a resident there; (
4. d)during recognised breaks for meals and rest, provided that he is not waiting for work to be given to him to assigned to him. 7. All whole-time employees employed in any hospital shall be entitled to the following free of charge: Free meals and uniforms. 6 HOSPITALS AND CLINICS (CONDITIONS OF WORK) [ S.L. 452.166] (
5. a)one main meal on each working day, either at midday or in the evening; (
6. b)tea in the morning and in the afternoon; (
7. c)uniforms, overalls or any other outerwear, including protective clothing which employees are required to wear by the employing organisation: Provided that where employees do not avail themselves of their right to free meals, they shall not be entitled to any pecuniary compensation in substitution therefor. Minimum daily rest. 8.

(1)Whole-time employees in any hospital shall be allowed intervals for meals and rest of not more than, but not less than, in the aggregate, one

(1)hour on any one

(1)day.

(2)Whole-time employees in any clinic shall be allowed intervals for meals and rest of not less in the aggregate than one

(1)hour on any one

(1)day. Minimum weekly rest. S.L. 452.

2. All employees shall be entitled to a weekly rest period in accordance with the Organisation of Working Time Regulations. Vacation leave. S.L. 452.
4. The employee shall be entitled to annual leave in accordance with the Organisation of Working Time Regulations. Sick leave.    Cap.
5. 11.

(1)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of thirty

(30)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 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 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 sick leave shall be submitted to the employer on the day of return to work or, if such period of sick leave is longer than 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 HOSPITALS AND CLINICS (CONDITIONS OF WORK) [ S.L. 452.166] 7 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)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further thirty

(30)days sick leave on half pay, less an amount equal to half the sum established for the 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 on half pay, less an amount equal to half the sum established for the 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. 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 submitted to the employer on the day of return to work or, if such period of sick leave is longer than 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 according to the date of employment in the relative calendar.

(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 such 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. 452.87. 12. Whenever whole-time employees sustain any injury or contract any disease while on duty they shall be entitled to leave on full pay less the full amount of any benefit to which such employees may be entitled in accordance with the Social Security Act, for the Leave for injury or contraction of disease.  Cap. 318. 8 [ S.L. 452.166] HOSPITALS AND CLINICS (CONDITIONS OF WORK) whole duration of such an injury or disease: Provided that the injury or the disease shall: (

1. a)be sustained or contracted by the employee during the actual discharge of his duties; (
2. b)not be sustained or contracted owing to negligence on the employee’s part; (
3. c)be specifically attributable to the nature of the employee’s duties, where such duties are specified by the employer or by a person acting on behalf of the employer. Other forms of leave.  S.L. 452.101. 13. Employees shall be entitled to full pay on national holidays and all public holidays, 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 regulations made under the Act. Repeal and saving.  S.L. 452.34.  S.L. 452.54. 14. The Hospitals and Clinics Wages Council Order and the Hospitals and Clinics Wages Council Wage Regulation Order are hereby repealed without prejudice to anything done or omitted to be done thereunder.