[ S.L.452.09 PROCEDURE OF WAGES COUNCILS 1 SUBSIDIARY LEGISLATION 452.09 PROCEDURE OF WAGES COUNCILS REGULATIONS 13th January, 1953 GOVERNMENT NOTICE 385 of 1953, as amended by Government Notices 209 and 552 of 1955; Emergency Ordinance VI of 1958; and Ordinances XVII of 1961 and XXV of 1962. 1.
(1)The title of these regulations is the Procedure of Wages Councils Regulations. Title.
(2)The definitions set out in article 2 of the Employment and Industrial Relations Act (hereinafter referred to as "the Act") are applicable to these Regulations. Cap. 452. 2. Notice of a meeting of a Wages Council appointed as provided in the Act, shall be deemed to be sufficiently given to a member of the Council if sent by post to his ordinary or last known address, but the accidental omission to give notice of a meeting to, or the non-receipt of notice by, any member shall not invalidate the proceedings of any meeting. Notice of meeting. 3. (
- a)In order to constitute a meeting of the Council there shall be present at least one of the members appointed by the Minister as being independent persons, one of the members appointed by the Minister as representing employers, and one of the members appointed by the Minister as representing employees. Constitution of a meeting of the Council. Amended by: Em. Ord VI of 1959; Ord. XVII of 1961; Ord. XXV of 1962. (
- b)When more than one independent person have been appointed to membership of the Council, the Minister shall select therefrom and appoint a Deputy Chairman in addition to the Chairman appointed in terms of article 6
(2)of the Act.
- The members appointed as representing employers are hereinafter referred to as the "employers’ side", those representing employees are hereinafter referred to as the "workers’ side", and those appointed as independent members are hereinafter referred to as the "independent members".
- Every member of a Wages Council shall have one vote: Provided that the Chairman or in his absence the Deputy Chairman, if any, may if he think it desirable, and shall at the request of either the employers’ side or the workers’ side, take a vote by sides. In such a division the independent members shall not vote, but, in the event of the division resulting in a disagreement between the two sides, the question may be decided by the majority vote of the independent members or, if one only is present, by the vote of that independent member. Members representing employers. Voting. 2 [ S.L.452.09 Powers of Wages Council. Cap.
- PROCEDURE OF WAGES COUNCILS
- In the matter of enforcing the attendance of witnesses a Wages Council shall have the same powers as a civil court as set out in the Code of Organization and Civil Procedure except that it shall not in any case be enabled to order the arrest of any person and except that the duties of a court usher and of a court marshal shall be performed by members of the Executive Police detailed for the purpose by the Commissioner of Police. Fees. Cap.
- Witnesses shall be paid fees in accordance with the Witnesses (Fees) Ordinance. Minutes. Added by: G.N. 209 of
- Minutes of proceedings of each meeting of the Council shall be kept in original but no copies of the minutes shall be distributed to members. Wherever possible, minutes of the Council shall be confirmed at the next following meeting and shall then be signed by the Chairman of the meeting at which confirmation takes place. Summonses. Added by: G.N. 552 of
- Summonses requiring the attendance of witnesses shall be served on the form prescribed in the Schedule, and shall contain an order to appear before the Wages Council concerned at a stated place and time for the purpose of giving evidence or to produce documents, if necessary, and shall be signed by the Chairman or by the Secretary of the Wages Council. PROCEDURE OF WAGES COUNCILS [ S.L.452.09 SCHEDULE 3 Added by: G.N. 552 of
- EMPLOYMENT AND INDUSTRIAL RELATIONS ACT Regulation 9 of the Procedure of Wages Councils Regulations SUMMONSES OF WITNESSES To ............................. W H E R E A S i n t he i n ve s t ig a t i on s b e i ng c a r i e d ou t b y t h e ...................................... Wages Council, appointed by the Minister responsible for Social Policy by Government Notice No. .................... of .................. the evidence of ..................... is required. You are therefore requested to summon the said witness to attend be fo r e t he s a id Wag e s C ou n c i l a t th e O ff i c e o f t h e L a b o ur Department ........................ Valletta, on ......................... and so on any other day to which the hearing may be adjourned, to give evidence, or to produce the following documents: ................................................................................................... ................................................................................................... You will warn the said ...................................... that he shall be liable to the penalties contemplated in article 7 of the above Act and he may be compelled to attend by a warrant of escort and he shall be liable to all other consequences according to the provisions of the Code of Organization and Civil Procedure subject to the provisions of Government Notice No. 385 of 10 July,
- Given by order of the ............................... Wages Council. Witness the Secretary of the same. This ............... day of ..............19 SECRETARY ............................. Wages Council