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L.S. 452.52(R) Ordni tal-Kunsill tal-Pagi għall-Industriji tal-Armar tat-Trasport, ta Metall u Industriji li jagħmlu magħhom biex jirregola l-Pagi Im

TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.52 1 SUBSIDIARY LEGISLATION 452.52 TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER * 8th August, 1977 LEGAL NOTICE 101 of 1977, as amended by Legal Notices 123 of 1978, 24 of 1979, 45 of 1990, 427 of 2007, 138 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 Transport Equipment, Metal and Allied Industries Wages Council Wage Regulation Order. Title. 2. The provisions set out in the Schedule hereto shall apply to all employees in respect of whom the Transport Equipment, Metal and Allied Industries Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 123 of 1978; L.N. 24 of 1979; L.N. 45 of 1990; L.N. 427 of 2007; L.N. 138 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. 1. 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; "day" means a period running from midnight of one day to midnight of the next following day; "half day" means a period running from midnight to noon, or from noon to midnight; "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are at the disposal of the employer, exclusive of the intervals allowed for meals and rest; *This Order has been repealed by Legal Notice 127 of 2026. Interpretation. Cap. 252. 2 [ S.L.452.52 TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION "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 in any day during which employees are at the disposal of the employer, inclusive of the intervals allowed for meals and rest; "shift employees" means employees in any factory to which this Schedule applies who normally are required to be at the disposal of their employer twenty-four hours a day; "time and a half" and "double time" mean respectively one and a half times and twice the minimum time rate applicable to the employee; "wages" means remuneration or earnings, payable in money by an employer to an employee; "week" means a 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. 2. The minimum weekly remuneration shall be related to a working week as follows: (

  1. a)in the case of all employees, other than watchmen and night shift workers, to forty hours spread over a week of five days; (
  2. b)in the case of watchmen to sixty hours; (
  3. c)in the case of workers actually working on night shift to thirty-seven and one half hours. Minimum remuneration. 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. 3. The minimum weekly remuneration payable to all wholetime employees, including learners, shall be the following (
  4. a)watchmen ............................................... €230.61 (
  5. b)other whole-time employees: at age 16 years ........................................ €221.29 at age 17 years ........................................ €223.62 at age 18 years ........................................ €230.61: Provided that (
  6. a)where an establishment is conditioned to a working week of less than forty hours, the minimum wage laid down above shall apply; and (
  7. b)an employee who, in any week, is employed for a number of hours less than the appropriate number of hours to which his minimum weekly remuneration relates in accordance with the provisions of paragraph TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.52 3 2 of this Schedule, shall be paid pro rata on an hourly rate not less than that applicable to him, namely the appropriate rate per week divided by the number of hours per week to which his establishment is conditioned. 4. Employees working on a shift system shall be paid a shift premium of two euro and thirty-three cents (2.33) a week for working the first (morning) shift or the second (afternoon) shift. Employees working the third (night) shift shall be paid at time and a quarter normal rate. Shift premium. 5. All whole-time employees, other than watchmen, shall be allowed intervals for meals and rest of not less, in the aggregate, than one hour per day: Minimum daily rest. Provided that (
  8. a)subject to the provisions of paragraph (
  9. b)of this proviso, the interval or intervals shall be allowed after the first or before the last hour of the period of employment; and (
  10. b)where the last half hour of the period of employment is allowed as a half hour of rest the employees shall be entitled to leave the place of work as soon as that half hour starts. 6. All whole-time employees shall be allowed a weekly day of rest every week. Minimum weekly rest. 7.

(1)Watchmen shall be entitled to overtime at the rate of time-and-a-half for all time worked in excess of sixty hours over a period of six consecutive days and for all time worked on the seventh day and shall be entitled to overtime pay at the rate of double-time for all time worked on a customary holiday or vacation leave not granted. Minimum overtime rates.
(2)Shift employees shall be entitled to overtime remuneration at the rate of time-and-a-half in respect of all time worked in excess of an average of forty hours in the case of day and afternoon shifts, and thirty-seven and a half hours in the case of night shift, where in any cycle of two or three weeks, as the case may be, the weekly average number of hours of work exceeds forty hours or thirtyseven and a half as the case may be.
(3)All employees, other than those specified in subparagraphs
(1)and
(2)of this paragraph, shall be entitled to overtime remuneration as follows (
  1. a)for all time worked in excess of forty hours in any week ................................................. time-and-a-half; (
  2. b)for all time worked in excess of eight hours on any day other than a Sunday or a customary holiday .......................................................... time-and-a-half; (
  3. c)for all time worked on Sundays, customary holidays or vacation leave not granted .......................double time. 4 [ S.L.452.52 TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION
(4)When the normal number of working hours per week of an employee is less than forty hours such overtime rate shall be paid for all time worked in excess of his normal number of working hours in any one week. Holidays. 8.
(1)In addition to the minimum weekly rest to which whole-time employees may be entitled under paragraph 6, wholetime employees shall be entitled to the National Holidays and to all public holidays with full pay, and to the following vacation leave not being less than (
  1. a)four working weeks and one working day during the calendar years 1988 and 1989; (
  2. b)four working weeks and two working days during the calendar year 1990; (
  3. c)four working weeks and three working days during the calendar year 1991; (
  4. d)four working weeks and four working days during the calendar year 1992 and during any calendar year thereafter: Provided that when a whole-time employee is in employment for less than twelve months during any calendar year, he shall be entitled to such part of the said vacation leave as is in proportion to the number of months in employment.
(2)For the purpose of this paragraph "vacation leave" means leave with pay which may be availed of on days agreed upon between the employer and the employee, provided that one day vacation leave during 1988 and 1989, two days vacation leave during 1990, three days vacation leave during 1991 and four days vacation leave during 1992 and during any calendar year thereafter shall not form part of any shut-down and shall be granted by the employer as optional leave in addition to any optional leave the employee may have been entitled to on the 9th November, 1988. Sick leave. Cap. 318. 9.
(1)After completing the first six months of employment, 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: Provided that (
  1. a)the first three days of any claim for sick leave shall be paid in full by the employer; (
  2. 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; TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.52 (
  3. 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 in employment, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further 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: Cap. 318. Cap. 318. Provided that (
  1. a)the first three days of any claim for sick leave shall be paid at half pay by the employer; (
  2. 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; (
  3. 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 10. Whole-time employees shall be allowed two days paid leave on the occasion of the death of any of the following relatives: the wife, husband, the mother or father (or the person who at the time was in fact acting as the mother or father of the employee), the son, daughter, brother and sister. Bereavement leave. 11. Whole-time employees shall be entitled to one working week paid leave on the occasion of their marriage, provided they remain in employment for at least three months after marriage, and to two days paid leave on the occasion of the birth of a child to the wife of the employee. Special leave. 12. 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, Injury leave. Cap. 318. 5 6 [ S.L.452.52 TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION if he is injured during the actual discharge of his duties and such injury is not due to any contributory negligence on his part. Jury service. 13. A whole-time employee, if called upon to serve as juror, shall be allowed time off as necessary, without any deduction from the pay to which he would otherwise have been entitled, so as to enable him to attend to such duties at the Courts. Minimum remuneration of part-time employees. 14. Part-time employees shall be entitled to a minimum hourly rate calculated pro rata in accordance with the provisions of paragraphs 2 and 3 of this Schedule. 15. An employee is 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 in any other place in connection with his employment unless he is present thereon in any of the following circumstances (
  1. a)without the employer’s consent, expressed or implied; (
  2. b)for some purpose unconnected with his work and other than that of waiting for work to be given to him to perform; (
  3. c)by reason only of the fact that he is resident thereon; (
  4. d)during normal meal times in a room or place in which no work is being done and he is not waiting for work to be given to him to perform. Retiring age. 16. In cases where the retiring age 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 the age of sixty years. EXPLANATORY NOTE (This note is not part of the order but is intended to indicate its applicability). 1. The provisions of the above Schedule apply to all employees in all factories engaged in the manufacture of transport equipment, metal and allied products, being factories engaged in any of the following: (
  5. a)manufacture of metal products other than the manufacture of clocks and watches, scientific and optical goods, silverware and jewellery but including the plating and polishing of metal products; (
  6. b)manufacture of machinery; (
  7. c)manufacture of electrical machinery; (
  8. d)manufacture of transport equipment including the repair, rebuilding and retreading of tyres, but excluding the manufacture wholly or mainly of boats of wood and motor vehicle bodies; (
  9. e)scrap-metal works including the cutting, sorting, crushing, breaking up or baling of metals; TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.52 (
  10. f)repairs of television sets and radios. 2. The provisions of this Schedule do not apply to any employees engaged in the installation, erection, and fitting of transmission and distribution equipment for electric energy, gas or water, whether inside or outside buildings. 7

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