PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION [ S.L.452.39 1 SUBSIDIARY LEGISLATION 452.39 PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION ORDER 10th November, 1975 LEGAL NOTICE 127 of 1975, as amended by Legal Notices 104 of 1976, 114 of 1977, 37 of 1979, 46 of 1979, 427 of 2007, 129 of 2010, 362 of 2012, 334, 444 of 2013, 482 of 2014, 5 of 2016, 97 and 383 of 2017, 104 and 351 of 2019, 469 of 2020, 464 of 2021, 335 of 2022, 286 of 2023, 341 of 2024 and 288 of
- The title of this Order is Professional Offices Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule shall apply to all employees in respect of whom the Professional Offices Wages Council operates. Application of Order. SCHEDULE
- In this Schedule, unless the context otherwise requires - "customary holidays" means the days, other than Sundays, declared to be public holidays by or under the National Holidays and other Public Holidays Act; Amended by: L.N. 104 of 1976; L.N. 114 of 1977; L.N. 37 of 1979; L.N. 46 of 1979; L.N. 427 of 2007; L.N. 129 of 2010 L.N. 362 of 2012; L.N. 334 of 2013; L.N. 444 of 2013; L.N. 482 of 2014; L.N. 5 of 2016; L.N. 97 of 2017; L.N. 383 of 2017; L.N.104 of 2019; L.N. 351 of 2019; L.N. 469 of 2020; L.N. 464 of 2021; L.N. 335 of 2022; L.N. 286 of 2023; L.N. 341 of 2024; L.N. 288 of
- Interpretation. Cap.
- "half day" means a period of half the number of daily working hours; "hours of work" means the time on any day during which the employees are at the disposal of the employer exclusive of intervals for meals and rest; "learner" means a person other than an apprentice, who is over the age of fourteen years and under the age of eighteen years and who is receiving training in any calling to which this Schedule applies, and in respect of whom the employer holds a permit issued in terms of the Employment and Training Services Act; Cap.
- 2 PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION [ S.L.452.39 "normal hours of work" means the hours of work per week agreed to between the employer and the employee subject to the provisions of paragraph 2; "part-time employee" means an employee whose normal hours of work, calculated on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable whole-time employee and who is not a whole-time employee with reduced hours; "period of employment" means the time on any day during which the employees are at the disposal of the employer, but inclusive of the intervals allowed for meals and rest; "time-and-a-half" and "double-time" mean respectively one and a half times and twice the time rate applicable to the employee; "wages" means remuneration or earnings payable in money by an employer to an employee; "week" means the calendar week; "weekly day of rest" means a period of twenty-four consecutive hours commencing at the time at which the employee would normally commence his turn of duty; "whole-time employee" means an employee who is deemed to be a whole-time employee in terms of any recognized conditions of employment. Hours of work.
- The minimum weekly rate shall be related to a week of (a) not more than forty hours of work, except in the case of watchmen, or (b) not more than sixty hours of work spread over a sixday week, in the case of watchmen. Minimum wages of whole-time employees. Amended by: L.N. 97 of 2017; L.N. 383 of 2017; L.N. 104 of 2019.; L.N.351 of 2019; L.N. 469 of 2020; L.N. 464 of 2021; L.N. 335 of 2022; L.N. 286 of 2023; L.N. 341 of 2024; L.N. 288 of
- 3.
(1)Whole-time employees aged eighteen years or over shall not be paid less than the following wages: CATEGORY 1 On engagement ............................................... €229.44 CATEGORY 2 On engagement ............................................... €230.02 CATEGORY 3 During the first, second and third year of employment in the category ........................ €231.19 During the fourth and subsequent years of employment in the category ........................ €233.52 CATEGORY 4 During the first, second and third year of employment in the category ........................ €232.35 During the fourth and subsequent years of employment in the category ........................ €234.68 PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION [ S.L.452.39 CATEGORY 5 During the first, second and third year of employment in the category ........................ €235.85 During the fourth and subsequent years of employment in the category ........................ €238.18 CATEGORY 6 During the first year of employment in the category ................................................ €240.51 During the second year of employment in the category ................................................ €245.16 During the third and subsequent years of employment in the category ........................ €249.92.
(2)(
- i)The minimum wage of employees aged seventeen shall be ninety per cent of the above wages. (
- ii)The minimum wage of employees aged sixteen shall be eighty-five per cent of the above wages.
(3)In this paragraph - "Category 1" includes charwoman/fatigueman, watchman, chainman, messenger, receptionist; "Category 2" includes telephone attendant/operator, driver, printer; "Category 3" includes clerk/clerk-typist, card puncher operator, tracer/drawing office assistant, taker off, lotto receiver assistant; "Category 4" includes shorthand typist, bookkeeper/accounts clerk, law clerk; "Category 5" includes site supervisor, draughtsman, quantity surveyor assistant/calculator, land surveyor, clerk of works, artist, accountant, audit clerk; "Category 6" includes trade unions’/associations’ officers with executive powers; "quantity surveyor assistant/calculator" is 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; "ch ai nman" i s an empl oyee who lly o r m ainly en gaged in assisting a surveyor. His duties may include the setting of a theodolite and the taking of readings therefrom but do not include plotting; "draughtsman" is an employee who is wholly or mainly engaged in the making of original sketches or in the drawing of designs from rough sketches and in the preparation of relevant complete working drawings. A draughtsman may be required to carry out outdoor field survey work and prepare estimates under the direction of an 3 4 [ S.L.452.39 PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION architect and civil engineer or electrical, marine or mechanical engineer or naval architect possessing the necessary qualifications for the exercise of his profession in Malta. "tracer/drawing office assistant" is an employee 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-square, compasses, pens and other drawing instruments; "law clerk" is 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 t h e P u b l i c R e g i s t r y, k e e p s a p p o i n t m e n t s , r e c o r d s C o u r t adjournments and otherwise helps his principal in the discharge of his work; "site supervisor" is an employee who assists an architect and civil engineer or any other engineer authorised to exercise his profession in Malta in the supervision of work in progress on site; "surveyor" is an employee engaged wholly or mainly in the carrying out of surveys of lands and sites for building and civil engineering purposes; "taker off" is 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. Part-time employees.
- Part-time employees shall be paid pro rata, at an hourly rate of not less than that applicable to whole-time employees, namely the appropriate rate shown in the preceding paragraph divided by forty provided that the payment shall in no case be less than the equivalent for three hours per day. Minimum daily rest.
- All whole-time employees shall be allowed intervals for meals and rest of not less in the aggregate than one hour every day. Minimum weekly rest.
- All whole-time employees shall be allowed a specified weekly day of rest in every week. Minimum overtime rates.
- Whole-time employees shall be paid overtime at the following rates (a) on any one week, for all time worked outside the normal hours of work in excess of forty hours, exclusive of any overtime paid in terms of the following provisions .......................... time-and-a-half (b) for all time worked on the weekly day of rest and on the customary holidays ........................... double time. Employees in Category 6 will be required to work overtime without remuneration according to the exigencies of their employment. Holidays and vacation leave.
- Whole-time employees shall be entitled, in every calendar year, to (a) all customary holidays with full pay, and PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION [ S.L.452.39 (b) after three months in employment, vacation leave of such number of working days with full pay as is equivalent to the number of working days as that particular employee should normally attend to work during a period of four weeks: Provided that whole-time employees who have been in employment for less than one year shall be entitled to such part of the said vacation leave as is in proportion to the number of months in employment: Provided also that vacation leave shall be availed of on dates mutually agreed to between the employer and the employee, may be given in half day periods and may be accumulated over a period not exceeding two calendar years. 9.
(1)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of twenty days sick leave on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under 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 established under the Social Security Act, which amount is also to be calculated on a pro rata basis: Sick leave. Cap. 318. Provided that (
- a)the first three 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 is longer than seven days, within seven days of the onset of sick leave absence; (
- c)employees in receipt of 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 pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.
(2)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further period of twenty days sick leave on half pay, less an amount equal to half the sum set for sickness benefit entitlement at the rate established under 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 established under the Social Security Act, which amount is also to be calculated on a pro rata basis: Provided that (
- a)the first three 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 Cap. 318. 5 6 [ S.L.452.39 PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION produced to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence; Cap. 318. (
- c)employees in receipt of 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 pay due, be deemed to have received an amount equal to half the sum set for sickness benefit entitlement at the rate established under the Social Security Act.
(3)The employer may require a medical certificate by his own physician to certify incapacity for work during the period of absence. S.L. 452.87
(4)The sick leave entitlement granted by virtue of this paragraph shall be calculated on the basis provided for annual leave as specified in regulation 8
(1)of the Organisation of Working Time Regulations. Bereavement leave.
- Whole-time employees shall be allowed two days paid leave on the occasion of the death of any of the following relatives: the wife or husband, the mother, the father, the son, the daughter, the brother, the sister. Paid leave.
- Whole-time employees shall be allowed one day paid leave on the occasion of the birth of any child to the wife of the employee. Marriage leave.
- A whole-time employee shall be entitled to three working days leave on full pay on the occasion of his marriage. Injury leave
- A whole-time employee shall be entitled to one year injury leave on full pay, less the full amount of any injury benefit to which such employee may be entitled in terms of the Social Security Act, if he is injured during the actual discharge of his duty, and such injury is not due to any contributory negligence on his part or to the c on t r a v e n ti o n b y h i m o f an y sa fe ty r ul e s l a i d do w n b y t he management. Cap.
- Jury service.
- A whole-time employee called for jury service shall be allowed all the necessary time off on full pay to enable him to attend the Court. Retiring age.
- In cases where retirement of a male employee is expected at the age of sixty years, such employee shall be given the opportunity by the employer to retain his employment beyond this age at least until the age of sixty-one years, provided that the employee in question shall still be allowed, if he so wishes, to retire at sixty years. PROFESSIONAL OFFICES WAGES COUNCIL WAGE REGULATION [ S.L.452.39 EXPLANATORY NOTE This note is not part of the Order but is intended to indicate its applicability. The provisions of the above Schedule 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 (a) trade unions including associations of a similar character; (b) offices of architects, engineers, legal advisers, notaries public, lotto receivers, accountants, book-keepers, auditors and consultants in any branch of engineering, architecture, law and accounting; (c) research and scientific establishments laboratories attached to private hospitals); (except (d) market research units, advertising agencies, establishments which receive funds from the public for investment in unit trusts or which run the management of unit trusts (except establishments carrying out wholly or mainly insurance business). The provisions of the above Schedule do not apply to employees whose remuneration for work is regulated by a tariff made by a law. 7