LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.69 1 SUBSIDIARY LEGISLATION 452.69 LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER* 17th July, 1991 LEGAL NOTICE 116 of 1991, as amended by Legal Notices 427 of 2007, 149 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 Leather Goods and Shoes Industries Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule hereto shall apply to all employees in respect of whom the Leather Goods and Shoes Industries Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 427 of 2007; L.N. 149 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
- 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" in the case of a shift employee, means a period of twentyfour consecutive hours; in all other cases, it means a period running from midnight of one day to midnight of the next following day; "half-day" means a period of twelve consecutive hours ending at 1.00 p.m. or at 1.00 a.m.; "hours of work" means the time on any day during which employees are at the disposal of the employer, exclusive of intervals allowed for meals and rest; "night-shift" means any period of employment that includes any hours form 10.00 p.m. to 6.00 a.m. of the next following day; "part-time employee" means an employee whose normal hours of *This Order has been repealed by Legal Notice 117 of
- Interpretation. Cap.
- 2 [ S.L.452.69 LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION 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, but inclusive of the intervals allowed for meals and rest; "shift employee" means an employee who regularly works on a shift cycle basis; "time-and-a-half" and "double time" mean respectively one-anda-half times and twice the minimum time rate applicable to the employee; "wage" 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.
- The minimum weekly wage shall be related to a week of not more than (a) forty hours of work in the case of whole-time employees, other than watchmen, and (b) fifty-two hours of work in the case of watchmen. Minimum wage 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)The minimum weekly wage payable to whole-time employees, both males and females, shall be the following (
- a)watchmen whose duties are mainly performed indoors ...................................................................... €229.44 (
- b)watchmen whose duties are mainly performed out of doors ............................................................. €231.77 (
- c)other employees (
- i)at age 16 years ..................................... €219.82 (
- ii)at age 17 years ..................................... €222.66 (iii) at age 18 years or over ......................... €229.44.
(2)In the case of shift workers, unless every weekly night shift is followed by two consecutive weekly day shift, such further weekly night shift or shifts shall entitle the employee to extra remuneration amounting to not less than one-fourth of his normal rate of pay. Minimum remuneration of part-time employees. 4. Part-time employees shall be paid pro rata at an hourly rate not less than that applicable to whole-time employees, namely, the appropriate rate per week shown in paragraph 3 hereof, divided by forty in the case of employees other than watchmen, and by fiftytwo in the case of watchmen. LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.69 5. Whole-time employees, other than watchmen, shall be allowed intervals for meals and rest of not less, in the aggregate, than one hour every day: 3 Minimum daily rest. Provided that (
- a)subject to the provisions of paragraph (
- b)of this proviso, the interval or intervals shall be allowed after the first and before the last hour of the period of employment, and (
- b)where the last half hour of the period of employment is allowed as a half hour of rest, the employee shall be entitled to leave the place of work as soon as that half hour starts. 6. Whole-time employees, other than watchmen, shall be allowed two weekly days of rest in every week; watchmen shall be allowed one weekly day of rest: Minimum weekly rest. Provided that where a shift system precludes the allowance of two days of rest in any one week in any cycle, employees shall be allowed one day of rest in that particular week, and one of the other working days of the week shall be paid at the rate of timeand-a-half. 7.
(1)In the case of whole-time employees, other than watchmen, overtime shall be payable as follows (
- a)for all time worked in excess of forty hours in any week exclusive of any time paid for at over-time rate .......................................................... time-and-a-half; (
- b)for all time worked in excess of eight hours on any day, and for all time worked on the first predetermined day of rest of the week .... time-and-a-half; (
- c)for all time worked on a Sunday or the second or only pre-determined day of rest of the week .... double time; (
- d)for all time worked on a customary holiday, in addition to the normal hourly wage ....................... double time: Provided that, when a customary holiday falls on a Sunday or the other day of rest, overtime shall be paid only at double time.
(2)In the case of watchmen, overtime shall be payable as follows (
- a)for all time worked in excess of fifty-two hours in any week of six consecutive days ............. time-and-a-half; (
- b)for all time worked in excess of nine hours on any day .......................................................... time-and-a-half.
(3)Notwithstanding the provisions of the preceding subparagraph of this paragraph (
- a)shift employees shall not be entitled to overtime payment for time worked in normal shift on Sundays or on a day of rest; (
- b)when a customary holiday falls on a working day Minimum overtime rates. 4 [ S.L.452.69 LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION overtime at time-and-a-half shall be payable to wholetime employees, other than watchmen, for work in excess of forty hours during the week less the number of hours that would have normally been worked on such a day by that employee, exclusive of any time paid for at overtime rate; (
- c)in the case of watchmen, when a customary holiday falls on any day from Monday to Saturday, overtime at time-and-a-half shall be payable to them for work inexcess of fifty-two hours during that week. Vacation leave. 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 (
- a)four working weeks and one working day during the calendar years 1988 and 1989; (
- b)four working weeks and two working days during the calendar year 1990; (
- c)four working weeks and three working days during the calendar year 1991; (
- 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 purposes 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 shutdown 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 six months continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of twelve 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 LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.69 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 six months continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further twelve 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. 10. A whole-time employee shall be entitled to a maximum of 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 such employee 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. 11. A whole-time employee shall be allowed three days leave S.L. 452.87 Injury leave. Cap. 318. Special leave. 5 6 [ S.L.452.69 LEATHER GOODS AND SHOES INDUSTRIES WAGES COUNCIL WAGE REGULATION on full pay on the occasion of his marriage and one day leave on full pay on the occasion of the birth of a child to his wife. Jury service. 12. Whole-time employees called for jury service shall be allowed all necessary time off to enable them to attend to such service in court without loss of pay. Bereavement leave. 13. 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, father, mother (or the person who at the time is acting as the father or mother), son, daughter, brother or sister. Waiting time. 14. An employee shall be entitled to the payment of the minimum wage applicable to him for all time during which he is present at the premises of his employer or elsewhere unless he is present thereat in any of the following circumstances (
- 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 thereat; (
- 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. 15. In cases where the retirement of a male employee 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 he reaches the age of sixty-one years, provided that the male 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 Schedule but is intended to indicate its applicability). The provisions of the above Schedule will apply to all employees in any undertaking, or in any part of an undertaking, the activities of which consist wholly or mainly in any of the following: (
- a)the manufacture and processing of leather and leather goods including the manufacture of gloves and the manufacture of boots, shoes, sandals, and other footwear, and (
- b)the manufacture of luggage, brief-cases, handbags, shopping bags and other bags of a similar nature.