CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION [ S.L.452.41 1 SUBSIDIARY LEGISLATION 452.41 CARGO CLEARANCE AND FORWARDING AGENTS’ (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION ORDER * 19th April, 1976 LEGAL NOTICE 45 of 1976, as amended by Legal Notices 95 of 1976, 102 of 1977, 6, 129 of 1978, 427 of 2007, 128 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 2025. 1. The title of this Order is the Cargo Clearance and Forwarding Agents (Burdnara) Employees Wages Council Wage Regulation Order. 2. The provisions set out in the Schedule shall apply to all employees in respect of whom the Cargo Clearance and Forwarding Agents (Burdnara) Employees Wages Council operates. SCHEDULE 1. In this Schedule unless the context otherwise requires - "burdnar" means any person whose business is or includes all or any of the following (
- a)the clearing through the Customs Department of documents relating to cargo; (
- b)the withdrawal of cargo from any customs shed, bonded store, warehouse, verandah, quay or other place of deposit and the transport of such cargo therefrom to a place of consignment; *This Order has been repealed by Legal Notice 120 of 2026. Title. Field of operation of Wages Council.. Amended by: L.N. 95 of 1976; L.N.102 of 1977; L.N.65 of 1978; L.N.129 of 1978; L.N. 427 of 2007; L.N. 128 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 2025. Interpretation. 2 [ S.L.452.41 Cap. 252. Cap. 203. CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION (
- c)the withdrawal of cargo from any factory, warehouse or other premises and the transport of such cargo therefrom to a quay or other place of deposit for shipment; "customary holidays" means the days, other than Sundays, declared to be public holidays by or under the National Holidays and other Public Holidays Act: "day" means a period of twenty-four consecutive hours starting from midnight of one day to midnight of the day immediately following; "employee of a burdnar" means any employee who performs work which is usually done by an employee of a burdnar duly issued with a licence by the Comptroller of Customs in terms of the Cargo Clearance and Transport Act, irrespective of whether or not the employer requires such a licence for the exercise of his trade; "half a day" means a period of four and a half consecutive hours; "one and a half times" and "double time" mean respectively one and a half times and double the actual time rate payable to the employee;. "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; "transport employee" means any employee who performs work which is usually done by an employee in any undertaking engaged wholly or mainly in the clearance, haulage, and transport of furniture and other household effects, and other goods or materials; "wages" means remuneration or earnings paid by an employer to an employee; "week" means a calendar week; Minimum rates of pay 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 2025. "whole-time employee" means an employee who is deemed to be a whole-time employee in terms of any recognized conditions of employment. 2.
(1)The minimum wage to be paid to full-time employee of a burdnar shall be two hundred and thirty eight euro and forty one cents (€238.41) a week of not more than forty hours of work based on five days from Monday to Friday and the minimum wage of a whole - time transport employee shall be two hundred and thirty eight euro and forty one cents (€238.41) a week of not more than forty hours a week.
(2)In this paragraph "hours or work" does not include intervals for meals and rest in accordance with the provisions of paragraph 6.
(3)The hours of work and rates of pay of whole-time employees of cargo clearance and forwarding agents and of transport employees shall be those determined in accordance with the provisions of sub-paragraph
(1). CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION [ S.L.452.41 3. The minimum remuneration payable to part-time employees shall not be less than five euro and ninety six cents (€5.96) per hour so however that when a part-time employee works for not less than four hours in any one day he shall be entitled to one whole day’s pay, namely to one-fifth of the weekly wage due from time to time to whole-time employees: Provided that such minimum hourly remuneration shall be increased to one-fortieth part of any increase granted by the Government to its whole-time employees and applicable to all other whole-time employees in terms of the provisions of the Employment and Industrial Relations Act. 4. Whole-time employees shall be entitled to the payment of overtime as follows: 3 Minimum rates of pay of part-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 2025. Cap. 452. Minimum overtime rates. (
- a)for all time worked on Sundays and customary holidays ................................................... double time (
- b)with the exception of any overtime payable in terms of the preceding sub-paragraph for all time worked in excess of a full-time employee’s normal working hours each day ............................................. time and a half. 5. An employee shall be entitled to the minimum rates payable to him for all time during which he is present on the premises of the employer or in any other place in connection with his employment unless he is present thereon in any of the following circumstances: Waiting time. (
- a)without the employer’s consent expressed or implied; (
- b)for some purpose unconnected with his work and other than that of waiting for work to be given to him to perform; (
- c)by reason only of the fact that he is resident thereon; (
- d)during recognised breaks for meals and rest and he is not waiting for work to be given to him to perform. 6. Whole-time employees shall be entitled to intervals for meals and rest of one hour in the aggregate on any day to be taken at times determined by the employer in agreement with the employee taking into account the exigencies of the work. 7. Sunday shall be a weekly day of rest for all whole-time employees. 8. Whole-time employees shall be entitled to, in every calendar year (
- a)all customary holidays with full pay, and (
- 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 Minimum daily rest. Minimum weekly rest. Vacation leave with pay. 4 [ S.L.452.41 CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION particular employee should normally attend to work during a period of four weeks: Sick leave. Cap. 318. 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. 9.
(1)After one year continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of fifteen 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: Provided that (
- a)the first three days of any claim for sick leave shall be paid in full by the employer; Cap. 318. Cap. 318. (
- 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)After one year continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further fifteen 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 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; CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION [ S.L.452.41 (
- 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.
(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.
- 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 under the provisions 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 contravention by him of any safety rules laid down by the management.
- A whole-time employee shall be entitled to three working days leave on full pay on the occasion of his marriage.
- A whole-time employee shall be entitled to two days leave with pay on the occasion of the birth of a child to his wife.
- A whole-time employee shall be entitled to two days leave with pay on the occasion of the death of any of the following relatives of the employee: wife, father, mother (or the person who at the time was acting as father or mother of the employee), son, daughter, brother and sister.
- Any 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.
- 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. EXPLANATORY NOTE This note is not part of the Order but is intended to indicate its applicability. The above provisions apply (a) for all employees of cargo clearance and forwarding agents (burdnara) in any employment relating wholly or mainly to the cargo clearance and forwarding trade, and (b) for all employees in any undertaking or part of an undertaking engaged wholly or mainly in the clearance, 5 Cap.
- S.L. 452.87 Injury leave Cap.
- Marriage leave. Birth leave. Bereavement leave. Leave for jury service. Retiring age. 6 [ S.L.452.41 CARGO CLEARANCE AND FORWARDING AGENTS (BURDNARA) EMPLOYEES WAGES COUNCIL WAGE REGULATION haulage and transport of furniture and other household effects, and other goods or materials.