CALLING OF MARBLER SCHEME - SCHEME NO. 13 [ S.L.594.11 1 SUBSIDIARY LEGISLATION 594.11 CALLING OF MARBLER SCHEME - SCHEME NO. 13 18th April, 1967 LEGAL NOTICE 26 of 1967, as amended by Legal Notices 119 of 1969, 47 and 77 of 1970, 124 of 1976, 61 and 86 of 1977, 51 of 1978, 80 of 1979 and 424 of 2007. 1. The title of this Scheme is the Calling of Marbler Scheme Scheme No. 13. 2. In this scheme, unless the context otherwrise requires - "customary holidays" means the days (other than Sundays) declared for the time being to be public holidays by or under the National Day and other Public Holidays Act; Citation. Interpretation. Amended by: L.N. 124 of 1976; L.N. 61 of 1977. Cap. 252. "hours of work" includes any period of instruction in any of the processes; and any period of absence from duties on sickness supported by a medical certificate produced to the employer, for periods not exceeding in the aggregate the total working hours contained in eight ordinary working weeks, in one calendar year and any period of absence from the place of work or instruction with the employer’s consent; "processes" means and includes any of the processes specified in article 4. 3. No person may be employed as an apprentice under this scheme unless it is shown to the satisfaction of the Director that such person has either completed the fourth year of a Secondary School or the full Trade School course. Basic education. Substituted by: L.N. 61 of 1977; L.N. 51 of 1978. 4. Employers shall undertake to teach apprentices under this scheme and to grant them facilities to learn the following processes: Processes to be taught during apprenticeship. (
- a)the classification of marble and its different uses; (
- b)the mixing of mortar to be used with each type of marble; (
- c)bench work including moulding and engraving of letters; (
- d)hand grinding and polishing of marble; (
- e)the use of pneumatic tools and other tools in the calling of marbler; (
- f)the taking of measurements and the making of patterns; (
- g)the use of machinery used in the processing of marble at the factory and on site, such as sawing machines, drilling machines, polishing machines, moulding machines, sanding machines, and mobile polishing and grinding machines; 2 [ S.L.594.11 CALLING OF MARBLER SCHEME - SCHEME NO. 13 (
- h)the laying of marble such as treads, dados, floors in the building trade; Period of apprenticeship. 5. (
- i)the cladding of walls with marble including those of shop fronts and tombs; (
- j)the finishing, pointing and polishing of shop fronts and monuments. The period of apprenticeship shall be four years. Wages of apprentices. Substituted by: L.N. 119 of 1969; L.N. 124 of 1976; L.N. 61 of 1977; L.N. 80 of 1979. Substituted by: L.N. 424 of 2007. 6. The wages payable to apprentices in the calling to which this scheme applies shall be as follows: Hours of work and overtime. Substituted by: L.N. 47 of 1970. 7.
(1)The hours of work of apprentices employed under this scheme shall not exceed nine hours work in any one day: Year First Second Third Fourth Wages per week €24.57 €30.79 €37.04 €43.26. Provided that employers may employ apprentices on overtime work with the approval of the Director, who may impose such conditions as he may deem fit, at the following rates of remuneration: (
- a)for all time worked in excess of nine hours daily: time and a half; (
- b)for all time worked in excess of forty-five hours in any week, exclusive of any time paid at overtime rates: time and a half; (
- c)for all time worked on Sundays and on customary holidays: double time.
(2)Apprentices under 16 years of age may not be employed between 11 p.m. of any one day and 6 a.m. of the next following day. Holidays with pay. Substituted by: L.N. 77 of 1970; L.N. 86 of 1977. 8. Apprentices shall be entitled, in every calendar year, to (
- 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 apprentice should normally attend to work during a period of four weeks: Provided that (
- a)all apprentices 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, and (
- b)vacation leave may not normally be availed of on any day when the apprentice is required to attend school for theoretical instruction. CALLING OF MARBLER SCHEME - SCHEME NO. 13 [ S.L.594.11 9.
(1)After completing the first six months of apprenticeship, apprentices shall be entitled to twenty days sick leave on full pay in every calendar year less any sickness benefit to which they may be entitled under the Social Security Act: 3 Sick leave. Added by: L.N. 119 of
- Cap.
- Provided that a medical certificate certifying incapacity for work covering the period of absence is produced to the employer, who may require his medical practitioner to examine the apprentice.
(2)Apprentices shall not be entitled to the payment of any wages for the first three days of every period of sick leave: Provided that the number of unpaid days of sick leave shall not be deducted from the entitlement of paid sick leave.
- Apprentices shall be allowed two days paid leave on the death of any of the following: the wife, husband, mother and father (or the person who at the time was in fact acting as the mother or father), son, daughter, brother and sister of the apprentice. Bereavement leave. Added by: L.N. 119 of
- Apprentices will be subject to and shall comply with the orders of their employer so far as they are not inconsistent with the express provisions of this scheme. Apprentices subject to employer. 12.
(1)The employer shall afford to any apprentices employed by him under this scheme facilities for attending during the period of apprenticeship such classes of instruction as the Minister may by order determine. Special classes of instruction.
(2)Such classes shall not take up more than ten hours in any one week, and, if such classes are held during ordinary working hours, the hours so spent shall be reckoned as hours of work for the purposes of the payment of wages. 13.
(1)The apprentice shall be bound to attend all classes determined as aforesaid. Failure to attend instruction.
(2)Should he fail to attend on any day without just cause, the employer shall be entitled to make a deduction from the wages of the apprentice equivalent to one-twelfth of the weekly rate in respect of each half day or part thereof of default.
- An apprentice shall be entitled to one year injury leave on full pay, less the full amount of any injury benefit to which an apprentice 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 contributory negligence on his part or to contravention by him of safety rules laid down by the management. Injury leave. Added by: L.N. 80 of
- Cap. 318.