PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION [ S.L.452.47 1 SUBSIDIARY LEGISLATION 452.47 PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION ORDER* 18th May, 1977 LEGAL NOTICE 60 of 1977, as amended by Legal Notices 84 of 1977, 38 of 1978, 5 of 1979, 9 of 1980, 427 of 2007, 154 of 2010, 362 of 2012, 33, 444 of 2013, 482 of 2014, 5 of 2016, 97 and 383 of 2017 and 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 Private Schools Wages Council Wage Regulation Order. Title.
- The provisions of the Schedule to this Order shall apply to all employees in respect of whom the Private Schools Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 84 of 1977; L.N. 38 of 1978; L.N. 5 of 1979; L.N. 9 of 1980; L.N. 427 of 2007; L.N. 154 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
- PART I General
- In this Schedule, unless the context otherwise requires - "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; "hours of work" means the time on any day during which employees are at the disposal of the employer, exclusive of the intervals allowed for meals and rest; "nursery school" means a school or a department of a school, in which the predominant characteristic is that of child care; "time and a half" and "double-time" mean respectively one and a half times and twice the minimum time rate applicable to employees. *This Order has been repealed by Legal Notice 113 of
- Interpretation. Cap.
- 2 [ S.L.452.47 PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION PART II Teachers Applicability.
- This part does not apply to employees in nursery schools. Interpretation.
- In this part, unless the context otherwise requires - "part-time teacher" means a teacher 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 teacher and who is not a wholetime teacher with reduced hours; "teacher" includes Assistant Headmaster/Headmistress and Assistant Head teacher; "whole-time teacher" means a teacher who is deemed to be a whole-time teacher in terms of any recognized conditions of employment. Hours of work.
- The minimum monthly remuneration for whole-time teachers shall be related to a week of not more than twenty-seven hours of work. Minimum remuneration of whole-time teachers. 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
- The minimum monthly remuneration payable to wholetime teachers shall be one thousand and fifty eight euro and thirty one cents (€1,058.31). Sick leave. Cap.
- 6.
(1)Whole time teachers shall be entitled to all customary holidays with full pay, but when any one of these holidays falls on a day in which the school is normally closed they shall not be entitled to a day off in lieu.
(2)Whole-time teachers shall be entitled to holidays with full pay including the school holidays for Christmas, Carnival, Easter and the Summer Holidays from the closing to the re-opening of schools. 7.
(1)After the completion of three months continuous service, whole-time teachers shall in any scholastic year be entitled to the equivalent in hours of fifteen school 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; (
- 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, PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION [ S.L.452.47 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 the completion of three months continuous service, whole-time teachers shall in any scholastic year be entitled to the equivalent in hours of a further fifteen school 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: Cap. 318. Cap. 318. 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; (
- 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. Cap. 318.
(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. S.L. 452.87
- The minimum remuneration payable to part-time teachers shall not be less than the proportionate rate of the minimum remuneration payable to a whole-time teacher, calculated on the basis of a twenty-seven hour week. Minimum remuneration payable to parttime teachers.
- Non-teaching duties allotted to teachers outside their normal teaching hours shall be remunerated at one euro and sixtythree cents (1.63). Minimum remuneration for non-teaching duties.
- Whole-time teachers shall be entitled to the same injury leave, bereavement leave, special leave and jury service leave as provided in Part IV in respect of other whole-time employees. Other leave. 3 4 [ S.L.452.47 PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION PART III Other Employees Interpretation.
- In this Part of the Schedule, unless the context otherwise requires "employee" means an employee who does not fall under Part II of this Schedule; "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; "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 remuneration payable to whole-time employees shall be related to a week of sixty hours of work in the case of watchmen or of forty-four hours of work in the case of other employees. Minimum remuneration to 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
- 13.
(1)The minimum remuneration payable to whole-time employees, other than maids employed in schools which provide full residential facilities to students, or watchmen shall be two hundred and thirty four euro and sixty eight cents (€234.68).
(2)The minimum weekly remuneration payable to whole-time maids employed in schools which provide full residential facilities to students shall be as follows: At age 16 years .......................................................... €219.82 At age 17 years .......................................................... €222.66 At age 18 years or over .............................................. €229.44 and one year thereafter ............................................... €231.77.
(3)The minimum weekly remuneration payable to whole-time watchmen shall be (
- a)for work performed indoors........................ €229.44 (
- b)for work performed out of doors ................ €231.77.
(4)Whole-time employees, other than watchmen, who are employed for the full period of a scholastic year, and whose employment is terminated by the employer at the commencement of, or during, the summer holidays, otherwise than for having reached the age of retirement, shall be entitled to receive a compensation equivalent to the basic minimum remuneration to w h i c h s u c h e m p l o y e e s w o u l d ha v e b e e n e n t i t l e d h a d t h e i r employment not been terminated, calculated for the period during such holidays starting from the date of termination of employment up to the reopening of schools and payable in the same manner as the weekly remuneration used to be paid. PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION 14. [ S.L.452.47 There shall be allowed as minimum weekly rest (
- a)one day to whole-time watchmen, and Minimum weekly rest. (
- b)one and a half days to other whole-time employees. 15. Whole-time employees, other than watchmen, shall be allowed daily intervals for meals and rest of not less, in the aggregate, than one hour. Minimum daily rest. 16. Whole-time employees shall be entitled, in every calendar year, to - Holidays. (
- 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 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 further that vacation leave shall be availed of only during the summer school holidays. 17.
(1)After the completion of three months continuous service, whole-time employees shall in every calendar year be entitled to the equivalent in hours of ten 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)After the completion of three months continuous service, whole-time employees shall in every calendar year be entitled to the equivalent in hours of a further ten 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 5 Cap. 318 Cap. 318. 6 [ S.L.452.47 PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION 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; 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)After the completion of three months continuous service, whole-time employees shall in every calendar year be entitled to the equivalent in hours of a further ten days sick leave without pay, and part-time employees shall have a pro rata entitlement to such sick leave without pay.
(4)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 Minimum overtime rates.
(5)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. 18. Except in the case where schools provide full residential facilities to students, where whole-time employees work on a roster approved by both the employers and the employees, whole-time employees shall be entitled to overtime rates as follows: (
- a)in the case of whole-time watchmen (
- i)for all time worked on a day of rest or on a customary holiday ......................... double time; (
- ii)for all time worked in excess of sixty hours in any one week ............................ time and a half; (
- b)in the case of other whole-time employees (
- i)for all time worked on a customary holiday or other public holiday ...................... double time; (
- ii)for all time worked in excess of forty-four hours in any one week commencing on Monday up to Saturday ................................... time and a half. Other leave. 19. Whole-time employees shall be entitled to the same injury leave, bereavement leave, special leave and jury service leave as are provided in Part IV of this Schedule in respect of other whole- PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION [ S.L.452.47 time employees. 20. Part-time employees shall be entitled to a minimum hourly rate calculated pro rata in accordance with the provisions of paragraphs 12 and 13 of this Schedule. Minimum remuneration of part-time employees. PART IV Other Leave Entitlement 21. 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 o nt r a v e n t io n b y hi m of an y s a f e t y r u le s la id d ow n b y t h e management. Injury leave. 22. Whole-time employees shall be allowed two days leave with full pay in the case of the death of any of the following relations: the wife, husband, mother, father (or the person who at t h a t t i m e w a s i n f a c t a c t i n g as t h e m o t h e r o r f a t h e r o f t h e employee), son, daughter, brother or sister. Bereavement leave. 23. A whole-time employee shall be entitled to three working days leave on full pay on the occasion of his marriage and to one working day leave on full pay on the occasion of the birth of a child to his wife. 24. A whole-time employee called for jury service shall be allowed all the necessary time off without loss of pay to attend the Courts. Special leave. Cap. 318. Jury service. PART V Supplementary 25. In cases where the retiring age of a male employee, both teacher and non-teacher, is expected at the age of sixty years, such employee shall be given the opportunity by his employer to retain his employment beyond this age at least until the age of sixty-one years, provided the employee in question shall still be allowed, if he so wishes, to retire at the age of sixty years. 26.
(1)The employer shall have the right to charge not more than seventy cents (0.70) for every day that he, in agreement with the employee, provides one main meal to the employee.
(2)For the purpose of this paragraph, "main meal" means lunch or dinner. EXPLANATORY NOTE (This note is not part of the Order, but is intended to indicate its Retiring age. Meals. 7 8 [ S.L.452.47 PRIVATE SCHOOLS WAGES COUNCIL WAGE REGULATION applicability). The Private Schools Wages Council operates in respect of all employees engaged under a contract of service in all schools (other than those schools established by and managed under the Government or the University of Malta) to the exclusion however of such members of the staff in respect of whom an individual salary or allowance is paid by the Government to the representative of the religious association of which those members form part.