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Benin - Working time - 2011


LAST UPDATE

08 November 2011.

SOURCES


Name of Act

Act n°98-004 implementing the Labour Code of 27 January 1998.
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Name of Act

Act n. 90-019, from 27 July 1990 Establishing the holidays in the Republic of Benin

Name of Act

Act n. 97-031, from 20 August 1997, establishing an annual holidays of the traditional religions.

Name of Act

Order n. 026/MFPTRA/DC/SGM/DT/SRT, from 14 April 2008, establishing the conditions of employment for domestic workers in the Republic of Benin.

Name of Act

Order n. 035/MFPTRA/DC/SGM/DT/SRT, from 1998, establishing the modalities of application of the weekly rest period.

Name of Act

Decree n. 98-368, from 4 September 1998, establishing the hours of equivalence for the companies regulated by the Labour Code.

Name of Act

Order n. 029/MFPTRA/DC/SGM/DGT/DNT/SRT, from 21 January 2004, establishing the rules regulating the recovery of hours of work.

LEGAL DEFINITIONS


Employee/worker

A worker is, regardless of sex or nationality, anyone whose work is under the direction and authority of a natural or legal, public or private person and who also pays the employee’s salary. For the determination of the worker status, the legal status of employer or worker does not need to be determined. The persons named in permanent employment of a part of a government are excluded from the scope of this Code.
Labour Code §2(1)

Night work(er)

Work performed between 21.00 pm and 05.00 am.
Labour Code §154

NORMAL HOURS LIMITS


Daily hours limit


General limit

Decrees enacted, after consultation with the National Labour Council, the modalities of division of labour over the different days of the week, as well as the limits of hours of work per day.
Labour Code §142(3)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory daily hours limit.)

Exceptions

Recovery hours cannot increase the general work time of the establishment, or part of the establishment, in more than 1 hour per day or 6 hours per week.

The hours performed as recovery hours performed according to the present order do not entitle the worker to an increase on the remuneration.
Order on the recovery of hours of work §6, 7

Weekly hours limit


General limit

In every establishment subject to the present Code, except agricultural establishments, the legal working time of workers, regardless of sex and type of remuneraton, shall be of 40 hours per week.
Labour Code §142(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours per week.
  • 2007: 40 hours
  • 1995: 40 hours.

Exceptions

This period may be exceeded by the application of rules on equivalence, overtime, recovery of lost working hours and modulation

The rules of equivalence shall be established by decree, after consultation with the National Labour Council. These rules determine the number of hours of presence at the workplace equivalent to 40 hours or 2400 hours of effective service.
In the absence of any regulations, every hour of presence at the workplace shall be considered as hour of effective work.

The provisions of the present decree are applicable to the companies of the private and parapublic sector governed by the Labour Code.
The weekly work time limit is of 40 hours, according to art. 142, of the Labour Code.
Notwithstanding article 2 above, and in order to take into account the intermittent nature of the work in certain companies or certain occupations, a weekly work time superior to 40 hours may be established and accepted in equivalence to these 40 hours.
These hours of equivalence shall be established in the followin sectors of activity:
- Hotel staff, other than cooks, restaurants and bars: 48 hours;
- Cooking staff in hotels and restaurants: 45 hours;
- Staff engaged in the sale in commerce: 42 hours;
- Staff engaged in the sale in bakeries: 46 hours;
- Staff engaged in the sale in pharmacies: 46 hours;
- Para-medical staff of hospitals and similar establishments: 45 hours;
- Hairdressers, Beauty parlors and similars: 50 hours;
- Guards other than home guards: 56 hours.

However, whenever in certain companies a duration of presence inferior to the equivalence is actually practiced, the staff shall continue to benefit from such advantage.
The division of the 40 hours during the week shall be appreciated by the Chief of the company.

Recovery hours:
Recovery hours cannot increase the general work time of the establishment, or part of the establishment, in more than 1 hour per day or 6 hours per week.

The hours performed as recovery hours performed according to the present order do not entitle the worker to an increase on the remuneration.
Labour Code §142(2)
Decree on Hours of Equivalence §1, 2, 3, 4, 6
Order on the recovery of hours of work §6, 7

Special categories


» Domestic work

Taking into account the pauses and the idle time inherent to the profession, the duration of domestic worker’s working time shall be determined by application of the principle of equivalences to 200 hours per month, corresponding to an effective monthly work of 173,33 hours per month, that is a weekly work time of 50 hours.
Every hour of work performed beyond the 50 hours shall be considered as overtime work and shall entitle the worker to compensation.
Labour Code §6

OVERTIME WORK


Criteria for overtime


General

The employer may, by his own decision, subject to procedure of displaying and communication to the labour inspector, impose to the workers the performance of overtime work to a limit not exceeding 240 hours per year and per worker. For worker employed with a fixed term contract only during part of the year, the number of overtime work permitted shall be reduced in accordance with the time of presence of the worker in the company. In case of replacement of a worker during a year, this number shall be extended for a same post.
Besides that, the performance of overtime work is subject to prior authorization of the labour inspector.

Unless there are derogations established by an order of the Minister of Labour, after consultation with the National Labour Council, with respect to urgent work of which execution is necessary to prevent accidents threatning material, facilities, buildings of the company, or to repare its consequences, or with respect to preparatory or complementary work, the performance of overtime work cannot push the effective duration of work beyond 60 hours per week, nor 12 hours per day.
Labour Code §145, 146

Limits on overtime hours


General limits

The employer may, by his own decision, subject to procedure of displaying and communication to the labour inspector, impose to the workers the performance of overtime work to a limit not exceeding 240 hours per year and per worker. For worker employed with a fixed term contract only during part of the year, the number of overtime work permitted shall be reduced in accordance with the time of presence of the worker in the company. In case of replacement of a worker during a year, this number shall be extended for a same post.
Labour Code §145(1)
Historical data (year indicates year of data collection)
  • 2009: An employer, if following procedures and contacting the labour inspectorate, can require workers to work up to 240 hours of overtime per year. For salaried employees the time is reduced proportionally based on their time in the company.
  • 2007: 240 hours
  • 1995: No legal provision.

Restrictions/exceptions

The performance of overtime work is subject to prior authorization of the labour inspector.
Labour Code §145(2)

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid an increased rate established by a convention or collective agreement and cannot be inferior to those following:
a) Overtime work during the day:
- 12% of the hourly rate, from the 41st hour to the 48th hour;
- 35% of the hourly rate, beyond the 48th hour;
- 50% of the hourly rate, on sundays and holidays.
b) Overtime work during the night:
- 50% of the hourly rate during the week;
- 100% of the hourly rate on sundays and holidays.

Overtime work during the night are those performed between 21h and 05h.
Labour Code §147
Historical data (year indicates year of data collection)
  • 2009: 12% increase (first 2 overtime hours) 35% increase (subsequent hours) 50% increase (Sundays and public holidays)
  • 2007: 12% increase (first 2 overtime hours) 35% increase (subsequent hours) 50% increase (Sundays and public holidays)
  • 1995: On working days: 12% premium from 40 to 48 hours, 35% thereafter. 50% on Sundays and public holidays.

Special categories


Domestic work

Overtime work shall be paid an increased rate in the following conditions:
- From the 51st to th 58th hour: 12% of the hourly rate;
- Beyond the 58th hour: 35% of the hourly rate;
- Sundays and holidays: 50%.

For overtime work performed during the night, that is that between 21h and 05h, they shall be as follows:
- 50% during working days;
- 100% during sundays and holidays.
Order on Conditions of Employment for Domestic Workers §7

Night work

Overtime performed at night is remunerated:
50% (weekdays)
100% (Sundays and public holidays)
Labour Code §147(b)
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SCHEDULES


General

The duration and schedule of work are set by the employer in respect of the rules enacted by the Labour Code and the texts adopted for its implementation. The length and time are displayed on the workplace and comunicated to the Labour’s Inspection.
Labour Code §141

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on rest breaks.)
  • 1995: No legal provision.

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)
  • 1995: No general daily rest. 12 consecutive hours for women and young workers.

Special categories


» Young workers

Young workers are entitled to 12 consecutive hours of daily rest break that has to include the night period.
Labour Code §155

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place in principle on sundays.
An order from the Minister of Labour, after consultation with the National Labour Council, establishes the modalities of execution of the preceeding paragraph to certain professions and determines the conditions of organization of the weekly rest period, whenever it has to be given in a day other than sunday, when it has to be organized by shifts, when it shall be given to the whole staff, given in two half-days or given for a duration superior to 24 hours.
Labour Code §156
Order on weekly rest period §1
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to a minimum of 24 consecutive hours.
  • 1995: 24 consecutive hours.

Day specified


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place in principle on sundays.
Labour Code §156(1)
Order on weekly rest period §1

» Exceptions

Derogations to the weekly rest period on sundays can be made in view of the nature of the activities of the company, or the urgence of the work executed in order to organize measures of rescue, prevention or repair due to an accident or to maintain work material.

Derogations conceeded because of the nature of the activities of the company are permanent.
In this case, the weekly rest period shall be given by shift.
Derogations linked to the urgency of work are temporary.
In this case, the hours of work performed entitle the worker to a compensation.

By the application of arts. 156 and 299 of the Labour Code, those who violate the provisions of the present decree shall receive a penalty of 7,000 to 35,000 F and, in case of repeated violations, a penalty of 14,000 to 70,000 F.
Order on weekly rest period §2, 3, 4

Special categories


» Domestic workers

The weekly rest period shall be of 48 hours. It shall be of 24 consecutive hours, to take place, normally, on sundays. The other 24 hours can be given in another day, or replaced by two half-days by agreement of the parts.
Order on Conditions of Employment for Domestic Workers §8

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to paid annual leave is acquired after a minimum period of effective service equal to one year. This period shall be called "the reference period".
Labour Code §160(1)

Duration


» General

Unless there are more favorable provisions in collective agreements or employment contracts, the worker acquires the right to leave, to be paid by the employer, at the rate of 2 working days per month of effective service. A working days is every day other than the day of weekly rest period and holidays.
Labour Code §158(1)
Historical data (year indicates year of data collection)
  • 2009: 24 days (two days per month worked)
  • 2007: 24 days (two days per month worked)
  • 1995: 24 working days.

» Exceptions

The duration of the leave forseen in paragraph 1 of the present article is increased at a rate of 2 working days after 20 years of continuous effective service in the same company, 4 working days after 25 years, 6 working days after 30 years, without having the cumulation of the total days of leave exceeding 30 working days for 12 months of work. The increase on leave entitles the worker to an increase of the leave payment.
Act on Holidays §158(3)

Payment


» Amount

The employer shall pay to the worker, during the total duration of the leave, 1/12 of the salaries and benefits received by the worker in the course of the 12 months preceeding the leave.
Bonuses, indemnities constituting reimboursements of professional fees, and particular indemnity paid to expatriates, shall not be included for the calculation of the leave payment.
In case of splitting, the payment shall be divided proportionally to the duration of each period of leave.
Labour Code §165

Schedule and splitting

The worker and the employer may agree in splitting the the annual leave. However, the worker shall benefit from a leave of at least 14 consecutive days, with weekly rest periods and holidays included.
For those workers who do not live where they were recruited, the travel time shall not be accounted in the minimum duration of ininterrupted break. Unless there is agreement between the parts, this time shall not increase the leave periods fractioned. Unless agreed otherwhise by the parts, the travel expenses are only due for this period.
Labour Code §162

Special categories


» Women

Women workers or apprentices aged less than 21 years old are entitled to 2 supplementary days of leave for each child under their care. Those over the age of 21 benefit from the same advantage for every child under their care, after the fourth. It shall be understood as "under care", every child registered under the age of 15. The suppplementary leave forseen for mothers is reduced to one day if the normal leave’s duration, determined in accordance with other provisions of the present article, does not exceed 6 days.
Labour Code §158(4)

» Young workers

Young workers under the age of 18 and those between the age of 18 and 21, regardless of the duration of their services, if they request, are entitled to, respectively, 30 and 24 working days of leave. They cannot demand, for the days of leave for which they have requested the benefits, no payment beyond that they have acquired because of the work performed until the day of the beggining of the leave.
Labour Code §158(2)

» Domestic work

Domestic workers are entitled to paid annual leave at a rate of 24 working days per year.
The date of the beggining of the leave shall be defined by agreement between the employer and the worker.

The employer shall pay, during the whole leave, an amount equal to 1/12 of the salaries and indemnities that the worker benefited during the 12 months preceeding the leave.
Order on Conditions of Employment for Domestic Workers §9, 10

PUBLIC HOLIDAYS


Number and dates

The folowing shall be holidays in the Territory of the Republic of Benin:

1 January: New year;
1 May: Worker’s Day;
1 August: National holiday;
15 August: Assumption;
1 November: All Saint’s Day;
25 December: Christmas Day;
Easter Monday,
Pentecost Monday;
Ascension Day;
Ramadan’s Day;
Tabaski Day;
Maouloud’s Day.

It shall be instituted in the Republic of Benin, an annual Party of the traditional religions.
It shall take place on the 10th of January in the whole territory of the Republic of Benin.
This day is a holiday.
Act on Holidays §1
Act on the Annual Holiday for Traditional Religions §1, 2, 3

Payment

The holidays shall be paid.
Act on Holidays §2

Work on Public Holidays


» Compensation

Overtime work shall be paid an increased rate established by a convention or collective agreement and cannot be inferior to those following:
a) Overtime work during the day:
- 50% of the hourly rate, on sundays and holidays.
b) Overtime work during the night:
- 100% of the hourly rate on sundays and holidays.

For domestic workers:

Overtime work shall be paid an increased rate in the following conditions:
- Sundays and holidays: 50%.

For overtime work performed during the night, that is that between 21h and 05h, they shall be as follows:
- 100% during sundays and holidays.
Act on Holidays §147
Order on Conditions of Employment for Domestic Workers §7

EMERGENCY FAMILY LEAVE

Workers are entitled to 10 days in case of emergency in family such as marriage or burial.
Sports leave, yearly limit of 15 days, not to be deducted from annual leave.
Yearly limit of ten days, not to be deducted from annual leave.
Labour Code §159

NIGHT WORK


Criteria for night work

Night work is work performed in the period between 21h and 05h.
These hours can vary for different annual seasons.
Labour Code §154

Special categories


Young workers

Night work is prohibited for young workers under 18 years of age.
However, derogations can be established by decision of the Council of Ministers, after consultation with the National Labour Council.
Labour Code §153


Malta - Working time - 2011


LAST UPDATE

11 July 2012
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SOURCES


Name of Act

Employment and Industrial Relations Act (Chapter 452), dated 27 December 2002, as amended up to Act V of 2011.
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Name of Act

Organisation of Working Time Regulations, Legal Notice No. 247 of 2003, dated 5 April 2004, as amended up to Legal Notice No. 427 of 2007.
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Name of Act

National Holidays and other Public Holidays Act, dated 27 June 1975, as amended up to Act No. 2 of 2005.

Name of Act

Agriculture and Allied Industries Wages Council Wage Regulation Order, dated 8 August 1977, as amended up to Legal Notice No. 145 of 2010.

Name of Act

Domestic Service Wages Council Wage Regulation Order, dated 1 February 1976, as amended up to Legal Notice No. 504 of 2011.

Name of Act

Information to Employees Regulations, dated 1st January 2003, as amended up to Legal Notice No. 427 of 2007.

Name of Act

Part-Time Employees Regulations, dated 1 January 2003, as amended up to Legal Notice No. 117 of 2010

Name of Act

Young Persons (Employment) Regulations of 5th April 2004, as amended by Legal Notice 427 of 2007.

Name of Act

Overtime Regulations, Legal Notice No. 46 of 2012, dated 31st January 2012, as amended by Legal Notice 109 of 2012.

Name of Act

Weekly Day of Rest and Annual Vacation Leave National Standard Order, Legal Notice No. 38 of 1989.

Other source used

Urgent Family Leave Regulations, Legal Notice No. 296 of 2003, dated 5th April, 2004, as amended by Legal Notice 427 of 2007.

LEGAL DEFINITIONS


Working time/working hours

’’Working time’’ means any period during which the worker is available for service to the employer and is carrying out his activity or duties, and includes any relevant training and any other additional period which is to be treated as working time for the purpose of these regulations under any relevant agreement and ’’work’’ shall be construed accordingly.
Organisation of Working Time Regulations Art.2

Employee/worker

"Employee" means any person who has entered into or works under a contract of service, or any person who has undertaken personally to execute any work or service for, and under the immediate direction and control of another person, including an outworker, but excluding work or service performed in a professional capacity or as a contractor for another person when such work or service is not regulated by a specific contract of service.
Employment and Industrial Relations Act Art.2

Employer

’’Employer’’ includes a partnership, company, association or other body of persons, whether vested with legal personality or not, and in relation to a worker means the person by whom the worker is, or, where the employment has ceased, was employed.
Organisation of Working Time Regulations Art.2

Overtime/overtime work

"Overtime" means any hours of work in excess of the normal hours of work.
Employment and Industrial Relations Act Art.2

Part-time work(er)

"Part-time employee" means an employee whose normal hours of work, calculated on a weekly basis or on an 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.
Employment and Industrial Relations Act Art.2

Night work(er)

’’Night work’’ is the work perform in the interval of time between 10 p.m. of any one day and 6 a.m. of the next day.

’’Night worker’’ means a worker who:
(a) works at least three hours of his daily working time as a normal course during night time; or
(b) works more than fifty per cent of his annual working time, or such lower proportion as may be specified in appropriate provisions of a relevant collective agreement during night time.
Organisation of Working Time Regulations Art.2

Shift work(er)

’’Shift work’’ means any method of organising work in shifts whereby workers succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks;
’’Shift worker’’ means any worker whose work schedule is part of shift work.
Organisation of Working Time Regulations Art.2

On-call work

"On call work" shall mean the work which is performed by a worker contacted by phone, pager or otherwise and is expected to exercise clinical judgement.
Employment and Industrial Relations Act Schedule- Category B-Doctors

Domestic worker

Domestic service workers are those employees employed in private households, engaged in domestic duties, such as servants, maids, housekeepers, cooks, butlers, valets, handymen, cleaners, charwomen, washerwomen, baby-sitters, nursemaids, and other persons employed in related work, including chauffeurs, gardeners and similar occupations connected with the household.

In this paragraph ’’private households’’ includes charitable institutions which provide residential care to persons in need as their main activity, monasteries and convents but does not include any hospital, clinic, nursing home, institute of medico-surgical treatment, maternity home or hydropathic establishment, home for aged persons or schools run by any such households.

Domestic service workers are categorized according to 6 different groups of workers in relation to the type of engagement and whether the worker lives in the household or not;

GROUP 1 shall consist of those workers engaged by the month who sleep in their employer’s house on not less than seventeen nights in any month;
GROUP 2 shall consist of those workers engaged by the month who sleep in their employer’s house on less than seventeen nights a month or not at all;
GROUP 3 shall consist of these workers engaged by the week who sleep in their employer ’s house on not less than four nights in any week;
GROUP 4 shall consist of those workers engaged by the week who sleep in their employer’s house on less than four nights a week or not at all;
GROUP 5 shall consist of those workers who are engaged by the day;
GROUP 6 shall consist of those workers who are engaged by the hour.
Domestic Service Wages Council Wage Regulation Order Art.2, Explanatory Note

Young worker

"Young worker" shall mean any person under 18 years old and over 16 years old having a contract of employment or any form of employment relationship with an employer.
No employer shall employ a child (under 16 years old) unless it has been provided written authorisation and for the performance of work in cultural, artistic, sport or advertising activities, upon the employer´s guarantee of the adherence to the General Provisions for Health and Safety at Workplaces Regulations, and on the grounds that such work is not likely to have an adverse effect on the child’s attendance at school.
Young Persons (Employment) Regulations Art.1,2,3

NORMAL HOURS LIMITS


Daily hours limit


Special categories


» Night work

8 hours in each 24 hour period, provided that the average number of hours worked each night shall be calculated on the total number of hours worked in a reference period defined by collective agreements or if not available as a 17 employment week-period.

The rules on night work do not apply to:
(1) Managing executives and other persons with autonomous decision-taking powers;
(2) Family workers;
(3) Workers officiating at religious ceremonies in churches and religious communities;
(4) Activities in which the duration of working time is not measured or predetermined or can be determined by the worker.

EXCLUDED ACTIVITIES
The rules on night work do not apply to certain activities, including:
(1) Where the worker’s place of work and place of residence are distant from one another, including offshore work;
(2) Security and surveillance activities requiring a permanent presence;
(3) Activities involving the need for continuity of service or production (hospitals, airports, electricity production, etc.);
(4) Railway transport;
(5) Tourism
Organisation of Working Time Regulations §9(1) and §15

» Young workers

The working time for young workers shall not exceed 8 hours per day. To this respect, any time spent on training by a young person working under a theoretical and, or practical combined work, training scheme or an in-plant work-experience scheme shall be counted as working time.
Young Persons (Employment) Regulations Art.4(2)(3)

» Domestic work

The hours of work of workers in Groups 1 and 3 on those days when they do not sleep in their employer´s house, of workers in Groups 2 and 4 on those days when they do not sleep in their employer´s house, and of workers in Group 5, shall be not more than eight in any day.
Domestic Service Wages Council Wage Regulation Order Art.3

Weekly hours limit


General limit

The average working time for each seven-day period of a worker, including overtime, shall not exceed 48 hours (maximum average weekly working time).
Organisation of Working Time Regulations Art.7(1)
Historical data (year indicates year of data collection)
  • 2009: 48 hours (maximum average weekly working time)
  • 2007: 48 hours
  • 1995: No general weekly limit. Hours of work are governed by wage regulation orders.

Reference period(s)

The reference period is 17 weeks.
Organisation of Working Time Regulations Art.7(3)

Exceptions

INDIVIDUAL AGREEMENT
An individual worker can agree with his or her employer that the 48 hour limit will not apply, provided:
(1) He or she is not required to work more than 48 hours in a seven day period unless the employer has obtained the worker’s agreement to perform the work;
(2) The worker cannot be be subjected to any detriment by the employer because he or she is not willing to agree to perform the work;
(3) The employer keeps up-to-date records of all workers who carry out such work, which are placed at the disposal of the relevant government authority.
The worker can renounce the agreement by giving no less than seven day’s written notice to his or her employer, or any longer period of not more than 3 months that is stipulated in the agreement.

EXCLUDED ACTIVITIES
The 48 hour limit does not apply to certain activities, including:
(1) Where the worker’s place of work and place of residence are distant from one another, including offshore work;
(2) Security and surveillance activities requiring a permanent presence;
(3) activities involving the need for continuity of service or production (hospitals, airports, electricity production etc.);
(4) Railway transport;
(5) Tourism
Organisation of Working Time Regulations §15 and §20

Special categories


» Young workers

The working time for young workers shall not exceed 40 hours per week. To this respect, any time spent on training by a young person working under a theoretical and, or practical combined work, training scheme or an in-plant work-experience scheme shall be counted as working time.
Young Persons (Employment) Regulations Art.4(2)(3)

» Agricultural workers

The weekly working hours limit is set in 40 in the case of employees other than watchmen, and 52 in the case of watchmen.
Agriculture and Allied Industries Wages Council Wage Regulation Order Art.2

» Domestic work

The hours of work of domestic workers in Groups 1 and 3 on those days when they do not sleep in their employer’s house, of workers in Groups 2 and 4 on those days when they do not sleep in their employer’s house, and of workers in Group 5, shall be not more than forty hours, exclusive of breaks for meals and rest.
Domestic Service Wages Council Wage Regulation Order Art.3

OVERTIME WORK


Criteria for overtime


General

Overtime means any hours of work in excess of the normal hours of work.
Employment and Industrial Relations Act Art.2
Overtime Regulations Art.2

Limits on overtime hours


General limits

The average weekly working time for each 7-day period, including overtime, shall not exceed an average of 48 hours over the applicable reference period, provided that it shall be granted minimum 24 hours of weekly rest.
Therefore, it seems that the performance of overtime is only permitted for those workers performing less than 48 ordinary working hours per week and up to this limit.
Overtime Regulations Art.3(1)
Organisation of Working Time Regulations Art.6(1), 7(1)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory overtime limit.)
  • 1995: No generally applicable provisions.

Restrictions/exceptions

The provisions limiting the overtime worked to a weekly average of 48 hours during the applicable reference period shall not apply where the employee has given his consent in writing to work more than a weekly average of 48 hours.
Overtime Regulations Art.3(2)

Compensation for overtime work


Overtime rate(s)

An employee whose overtime rate is not covered by a Wages Council Wage Regulation Order shall be paid one and a half times the normal rate for work carried out in excess of a forty hour week, averaged over a four week period or over the shift cycle at the discretion of the employer.
Overtime Regulations Art.4
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provision on overtime rate(s).)
  • 1995: No general applicable provisions.

Exceptions

In cases where the employer introduces schemes to bank hours, allowing extra hours over and above the normal weekly working hours due to the periods of higher activity of work, such hours are subject to the normal hourly rate of payment.
Overtime Regulations Art.5(2)

Notice of requirement to work overtime


General provisions

The employee may be required to work in excess of the scheduled hours of work on a particular day, but in such a case, such extra hours are to be paid at overtime rates at the applicable overtime rates.
Overtime Regulations Art.5(5.f)

Special categories


Domestic work

Domestic workers are addressed in groups depending on the number of nights per month, days per week, or hours per day they spend at the employers home. Workers in Groups 1, 2, 3, and 4 on those days when they do not sleep in their employer’s house and workers in Group 5 shall be entitled for payment at time-and-a-half for all time worked over eight hours in normal days and for all time worked over forty hours in any one week.
Domestic Service Wages Council Wage Regulation Order Art.5

Part-time work

The overtime rate does not apply to additional hours worked by part-time workers up to the normal hours limit of full-time workers.
Part-time Employees Regulations Art.4(2)

Young workers

An employer may, in unusual and unforeseeable circumstances beyond the employer’s control, or as a result of exceptional events the consequences of which could not have been avoided despite the exercise of all due care, allow adolescents to carry out work and be exempted from the provisions related to the limits of working time, the prohibition of performance night work, or the enjoyment of minimum rest periods.

Provided that:
(a) such work is of a temporary nature and has to be performed immediately;
(b) that adult workers are not available to replace the adolescents; and
(c) that the adolescents are allowed equivalent compensatory rest time within the following three weeks.
Young Persons (Employment) Regulations Art.9

Agricultural workers

For every hour worked in excess of eight hours on any one day, except the weekly day of rest of the employee, or for every hour worked in excess of forty hours in any one week shall be compensated at a rate of time-and-a-half.
Agriculture and Allied Industries Wages Council Wage Regulation Order Art.6(b)(i) and (iv)

SCHEDULES


General

In all sectors, whether these sectors are covered by a Wages Council Wage Regulation Order or not, the employer may introduce schemes to bank hours, whereby up to three hundred and seventy-six hours of the normal annual working hours in each calendar year may be banked, thus allowing extra hours over and above the normal weekly working hours to be worked during periods of higher work activity which would be redeemed during periods of lower activity by having working hours below the normal weekly working hours.
In such case, the hours of work banked are subject to the normal hourly rate of payment.
Overtime Regulations Art.5(1)(2)

REST PERIODS

"Rest period" shall mean any period which is not working time. Any leave to which a worker is entitled shall not be considered a rest period.
Organisation of Working Time Regulations Art.2

Rest breaks


General provisions

Every worker shall be entitled to a rest break where the working day is longer than 6 hours.
The duration and the terms of the break are to be fixed by a collective agreement or any other agreement entered into between employers and employees.
Workers shall be entitled to enjoy an uninterrupted period of not less 15 minutes break when the duration of the work is 6 hours, time which may be spent away from his or her workstation. However, a collective agreement may modify the application of the provisions respecting rest breaks in relation to workers or a group of workers.
Organisation of Working Time Regulations Art.5
Historical data (year indicates year of data collection)
  • 2009: Every worker shall be entitled to a rest break where the working day is longer than 6 hours. The duration and the terms of the break are to be fixed by a collective agreement or any other agreement entered into between employers and employees. In every case, a worker must be given at least a quarter hour break at the latest when the duration of the work is 6 hours and shall be entitled to spend it away from his or her workstation. However, a collective agreement may modify the application of the provisions respecting rest breaks in relation to workers or a group of workers.
  • 2007: Every worker shall be entitled to a rest break where the working day is longer than 6 hours. The duration and the terms of the break are to be fixed by a collective agreement or any other agreement entered into between employers and employees. In every case, worker must be given at least a quarter hour break at the latest when the duration of the work is 6 hours and shall be entitled to spend it away from his or her workstation. However, a collective agreement may modify the application of the provisions respecting rest breaks in relation to workers or a group of workers.
  • 1995: No generally applicable provisions.

Exceptions

The rules on daily rest periods do not apply to:

(1) Managing executives and other persons with autonomous decision-taking powers;
(2) Family workers;
(3) Workers officiating at religious ceremonies in churches and religious communities;
(4) Activities in which the duration of working time is not measured or predetermined or can be determined by the worker.
Organisation of Working Time Regulations Art.13

Special categories


» Night work

It shall be the duty of the employer to ensure that the worker is enjoying adequate rest breaks where a risk assessment, in terms of adherence to the General Provisions for Health and Safety at Workplaces Regulations.
Organisation of Working Time Regulations Art.12

» Young workers

An employer shall not require or permit a young person to work for any period exceeding four and a half hours without an uninterrupted break of at least thirty minutes.
A young person shall not be entitled to be paid in respect of such break.
Young Persons (Employment) Regulations Art.8(1)(2)

» Domestic work

Workers in Groups 1 and 3 on those days when they do not sleep in their employer’s house and workers in Groups 2 and 4 on those days when they do not sleep in their employer’s house, and workers in Group 5, shall be allowed, in any one day intervals of not less, in the aggregate, than forty-five minutes for meals and rest.
Domestic Service Wages Council Wage Regulation Order Art.7b)

Daily rest periods


Duration

Every worker shall be entitled to a minimum daily rest period of eleven consecutive hours per 24-hour period during which the worker performs work for his employer.
Organisation of Working Time Regulations Art.6
Historical data (year indicates year of data collection)
  • 2009: 11 hours
  • 2007: 11 hours
  • 1995: No legal provision.

Exceptions

The rules on daily rest periods do not apply to:
(1) Managing executives and other persons with autonomous decision-taking powers;
(2) Family workers;
(3) Workers officiating at religious ceremonies in churches and religious communities;
(4) Activities in which the duration of working time is not measured or predetermined or can be determined by the worker.

EXCLUDED ACTIVITIES
The 11 hour minimum rest period does not apply to certain activities, including:
(1) Where the worker’s place of work and place of residence are distant from one another, including offshore work;
(2) Security and surveillance activities requiring a permanent presence;
(3) activities involving the need for continuity of service or production (hospitals, airports, electricity production etc.
(4) Railway transport;
(5) Tourism.

COLLECTIVE AGREEMENTS
The rules on daily rest periods can be modified or excluded by collective agreements.
Provisions respecting daily rest periods do not apply to workers engaged in activities involving periods of work split up over the day, as may be the case for cleaning staff.
Organisation of Working Time Regulations §15, §16(c), and §18(a)

Special categories


» Shift work

The rules on the daily rest period do not apply to shift workers when he or she changes shift and cannot take the rest period between the end of one shift and the start of the next.
Organisation of Working Time Regulations Art.16(b)

» Young workers

Young workers shall be entitled to a minimum daily rest period of twelve consecutive hours for each twenty-four hour period.
Subject to objective reasons, it shall not apply for work performed in the following sectors:
(a) shipping or fisheries;
(b) hospitals or similar establishments;
(c) agriculture;
(d) tourism industry, hotels and catering;
(e) activities involving periods of work split up over the day.
Young Persons (Employment) Regulations Art.6(2a)(5)

» Agricultural workers

Whole-time employees shall be allowed intervals for meals and rest of not less in the aggregate than one hour on any one day.
Agriculture and Allied Industries Wages Council Wage Regulation Order §4

» Domestic work

Workers in Groups 1 and 3 on those days when they sleep in their employer’s house, and workers in Groups 2 and 4 on those days when they sleep in their employer’s house, shall be entitled to a minimum daily rest of three hours in the aggregate in every day, the time or times of rest to be fixed by the employer after consultation with the employee.
Domestic Service Wages Council Wage Regulation Order Art.7(a)

Weekly rest periods


Duration


» General

Every worker shall be entitled to a minimum uninterrupted weekly rest period of 24 hour for each 7-day period during which the worker works for the employer.
Organisation of Working Time Regulations Art.6.1
Weekly Day of Rest and Annual Vacation Leave National Standard Order Art.3
Historical data (year indicates year of data collection)
  • 2009: 24 hours
  • 2007: 24 hours
  • 1995: 1 day.

» Exceptions

AVERAGING
The employer can decide that the weekly rest period shall be averaged over a 14 day reference period.
In such cases, a worker is entitled to either:
(1) 2 uninterrupted rest periods of not less than 24 hours preceded by a daily rest period; or
(2) 1 uninterrupted rest period of not less than 48 hours, preceded by a daily rest period.
In addition, a collective agreement may modify the application of the provisions respecting weekly rest periods in relation to workers or a group of workers.

REQUIRED FOR THE NORMAL RUNNING OF THE ENTERPRISE
Exceptions to this rule can take place if the normal running of the enterprise for technical or work organisation conditions requires it.

EXCLUDED ACTIVITIES
The 24 hour minimum rest period does not apply to certain activities, including:
(1) Where the worker’s place of work and place of residence are distant from one another, including offshore work;
(2) Security and surveillance activities requiring a permanent presence;
(3) activities involving the need for continuity of service or production (hospitals, airports, electricity production etc.);
(4) Railway transport;
(5) Tourism.

COLLECTIVE AGREEMENTS
The rules on daily rest periods can be modified or excluded by collective agreements.
Respecting the activities which are not covered by the weekly rest period provisions, the employer shall however provide an equivalent compensatory rest period. However, in exceptional cases, when it is not possible to grant such a period of rest, the employer shall afford the worker such protection as may be appropriate in order to safeguard the worker’s health and safety. The arrangement agreed shall not include any material benefit or monetary compensation.
The rules on weekly rest periods do not apply to:
(1) Managing executives and other persons with autonomous decision-taking powers;
(2) Family workers;
(3) Workers officiating at religious ceremonies in churches and religious communities;
(4) Activities in which the duration of working time is not measured or predetermined or can be determined by the worker.
Organisation of Working Time Regulations §6(1); §13, §14, §15, and §18(a)

Work on weekly rest day


» Criteria

In general every worker is entitled to enjoy a weekly rest period of at least 24 consecutive hours. However exceptions are provided for in case of certain working activities with specific characteristics that makes this enjoyment not possible, in cases where the duration of the working time is not measured or can be determined by the worker, or where this entitlement is expressly modified by a collective agreement or excluded according to certain activities.
Organisation of Working Time Regulations Art.6.1,13,14,18

Special categories


» Shift workers

The rules on the weekly rest period do not apply to shift workers when he or she changes shift and cannot take the rest period between the end of one shift and the start of the next.
Organisation of Working Time Regulations Art.16(b)

» Young workers

Young workers shall be entitled to a minimum weekly rest period of two days in any calendar week, which shall if possible be consecutive and which in principle, shall include Sunday.
Subject to objective reasons, it shall not apply for work performed in the following sectors:
(a) shipping or fisheries;
(b) hospitals or similar establishments;
(c) agriculture;
(d) tourism industry, hotels and catering;
(e) activities involving periods of work split up over the day.
Young Persons (Employment) Regulations Art.6(2b)(5)

» Agricultural workers

Whole-time employees shall be entitled to one day of rest in every period of seven consecutive days.
Agriculture and Allied Industries Wages Council Wage Regulation Order §5

» Domestic workers

Workers in Groups 1, 2, 3 and 4 shall be entitled to a day´s rest in every week, such day of rest being fixed by the employer after consultation with the employee.

Workers who work on their weekly day of rest shall be entitled to payment at double-time for all time worked.
Domestic Service Wages Council Wage Regulation Order Art.5(3), 8

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Every worker shall be entitled to paid annual leave of at least the equivalent in hours of four weeks and four working days calculated on the basis of a 40 hour working week and 8 hour working day.
Organisation of Working Time Regulations Art.8(1)
Historical data (year indicates year of data collection)
  • 2009: 4 weeks and 4 working days calculated on the basis of a 40 hour working week and 8 hour working day.
  • 2007: 4 weeks and 4 working days calculated on the basis of a 40 hour working week and 8 hour working day.
  • 1995: 4 working weeks and 4 working days.

» Exceptions

When an employee is in employment for less than twelve months in any calendar year, the worker shall be entitled to such annual leave as is in proportion to the period in employment.

In cases where the average weekly working time, calculated on the basis of a reference period of seventeen weeks, is below or exceeds forty hours per week, the annual leave entitlement in hours shall be adjusted accordingly.
Organisation of Working Time Regulations Art. 8(1)(4)

Payment


» Amount

No expressly provided the amount, however it seems that such leave is enjoy with full pay.
Organisation of Working Time Regulations Art.8(1)

Schedule and splitting

The annual leave shall be scheduled on days agreed upon between the employer and the employee.

In the case of workers on a regular daily schedule, when a national holiday or public holiday falls on a worker’s day of rest, the worker shall be credited with extra hours of annual leave equivalent to the number of hours of a normal working day.

Notwithstanding the preceding paragraph, in the case of workers on irregular schedules or where the hours of work vary from day to day, the hours of work equivalent to a working day which are to be credited to the annual leave entitlement of such workers when a public holiday or a national holiday falls on a day of rest shall be calculated on the basis of the number of normal hours scheduled to be worked in a seventeen week period, divided by the number of working days in that same period.
Organisation of Working Time Regulations Art.6(a)(b)
Weekly Day of Rest and Annual Vacation Leave National Standard Order Art.5

Work during annual leave

It shall not be permitted to replace the annual leave entitlement by an allowance in lieu, so the worker may not perform work during this period, and any agreement to the contrary shall be null and void.
Organisation of Working Time Regulations Art.8(1)

Special categories


» Domestic work

Full-time employees shall be entitled to paid vacation leave not being less than four working weeks and four working days after one year of employment.

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.
Domestic Service Wages Council Wage Regulation Order Art.9(1)(2)

PUBLIC HOLIDAYS

Every whole-time employee shall be entitled to the national holidays and to all public holidays with full pay.
When a national or public holiday falls on a Saturday or Sunday, it is not deemed a public holiday for the purposes of entitling workers to an additional day of vacation leave.
Organisation of Working Time Regulations Art.8(5)
National Holidays and other Public Holidays Act Art.6(b)

Number and dates

14 days.

List of National Holidays:
21st September, Jum 1-Indipendenza; 13th December, Jum ir-Repubblika, 31st March, Jum il-Helsien; 8th September, Jum il-Vittorja; 7th, the Sette Giugno.

List of Public Holidays:
1st January, New Year´s Day; 10th February, Feast of St. Paul´s Shipwreck; 19th March, Feast of St. Joseph; Good Friday; 1st May, Workers´Day; 29th June, Feast of St. Peter and St. Paul; 15th August, Feast of the Assumption; 8th December, Feast of the Immaculate Conception; 25th December Christmas Day.

The aforementioned days of each year and Sundays shall be public Holidays in Malta.
National Holidays and other Public Holidays Act Schedule, Art. 2, 5(1)

Payment

Public Holidays shall be enjoyed with full pay.
Organisation of Working Time Regulations Art.8(5)

Work on Public Holidays


» Compensation

Domestic workers who work on a holiday shall be entitled to double pay for one day’s work and payment at double time for all time worked over eight hours.
Domestic Service Wages Council Wage Regulation Order Art.5.2

EMERGENCY FAMILY LEAVE

All employees, shall be entitled to time off from work on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the employee indispensable.
The circumstances covered shall include:
(a) accidents to members of the immediate family of the employee;
(b) the sudden illness or sickness of any member of the immediate family of the employee requiring the assistance or the presence of the employee;
(c) the presence during births and deaths of members of the immediate family of the employee.

For the purposes of this regulation, ’’immediate family’’ means the husband, wife and married or unmarried children, as well as family relations up to the first degree, and whether living in the same household or not and persons having legal custody of a child.

The employer shall be bound to grant to every employee a minimum total of fifteen hours with pay per year as time off from work for urgent family reasons as specified in these regulations:

Provided that the total number of hours availed of by the employee for urgent family reasons shall be deducted from the annual leave entitlement of the employee.
Urgent Family Leave Regulations Art.4(1)(2)(3), 6(1)

PART-TIME WORK


General provisions

Every employer shall inform part-time employees about the availability of whole-time work opportunities, and whole-time employees about part-time opportunities to facilitate transfers from full-time to part-time or vice versa within the same place of work.
Such information is to be given in a timely manner in order to allow the employees to apply for the vacancy.
Part-time Employees Regulations Art.9

Annual leave

All part-time employees shall be entitled to enjoy at pro rata basis the minimum entitlement of all public holidays and annual vacation leave.
Part-time Employees Regulations Art.6(1a)

Right to equal treatment


Right/scope

It shall be the duty of the employer to ensure that a part-time employee is not treated less favourably than a comparable whole-time employee -
(a) with regards to the terms of the employee’s contract of employment; and
(b) by being subjected to any other detriment by an act, or deliberate failure to act, of the employer solely because of the employee’s part-time work:
Provided that any different treatment may be justified on objective grounds.

All part-time employees shall be entitled pro rata inter alia to
(a) the minimum entitlement of all public holidays and annual vacation leave, sick leave, birth leave, bereavement leave, marriage leave and injury leave applicable in terms of the recognized conditions of employment and to such other leave established by virtue of the Act;
(b) any entitlement to statutory bonuses and other income supplements to which comparable whole-time employees on similar duties with the same employer are entitled in terms of the recognised conditions of employment applicable to them.

For the purposes of this regulation, the wage applicable to the part-time employee shall be the hourly rate related to the number of hours of work for which the employee is employed.

All part-time employees who are employed in such part time employment shall be entitled to participate in vocational training programmes provided by or on behalf of the employer in the same manner as whole-time employees at the same place of work.
Part-time Employees Regulations Art.4,6,8

Permissable justification for different treatment

A part-time employee who is paid at a lower rate for overtime than a comparable full-time employee is paid in the same period must not be regarded as treated less favourably than the comparable full-time employee where the total number of hours worked by the part-time employee does not exceed the number of hours that the comparable full-time employee is required to work in that same period.
Part-time Employees Regulations Art.4(2)

NIGHT WORK


Criteria for night work

’’Night work’’ is the work perform in the interval of time between 10 p.m. of any one day and 6 a.m. of the next day.

’’Night worker’’ means a worker who:
(a) works at least three hours of his daily working time as a normal course during night time; or
(b) works more than fifty per cent of his annual working time, or such lower proportion as may be specified in appropriate provisions of a relevant collective agreement during night time.
Organisation of Working Time Regulations Art.2

Limits


Daily hours limit

A night worker’s normal hours of work shall not exceed an average of eight hours in any 24-hour period.
Organisation of Working Time Regulations Art.9(1)

Rest breaks

It shall be the duty of the employer to ensure that the worker is enjoying adequate rest breaks where a risk assessment, in terms of adherence to the General Provisions for Health and Safety at Workplaces Regulations.
Organisation of Working Time Regulations Art.12

Weekly rest periods

Night workers shall enjoy a minimum of 24 consecutive hours of weekly rest.
Organisation of Working Time Regulations Art.9(1)

Workers' health

The employer shall ensure that no night worker whose work involves special hazards or heavy physical or mental strain shall work more than eight hours in any period of twenty-four hours during which night work is performed.

Workers are entitled to a medical examination, prior to a night work assignment and afterwards at regular intervals.

The Employer must keep adequate records on any workers carrying night work.
Organisation of Working Time Regulations Art.9(2),10, 11

Transfers

Where a registered medical practitioner has advised an employer that a worker employed by the employer is suffering from health problems which the practitioner considers to be connected with the fact that the worker performs night work, and it is possible for the employer to transfer the worker to work to which the worker is suited, and which is to be undertaken during periods such that the worker will cease to be a night worker, the employer shall transfer the worker accordingly.
Organisation of Working Time Regulations Art.10(3)

Special categories


Young workers

Young workers shall not perform work in the interval between 10 p.m. on any one day and 6 a.m. of the following day.

The prohibition of night work for young workers shall not apply for work performed in the following sectors, if there are objective grounds for such work to be carried out at night and provided that suitable compensatory rest is allowed:
(a) shipping or fisheries sectors;
(b) hospitals or similar establishments;
(c) cultural, artistic, sports or advertising activities.
Young Persons (Employment) Regulations Art.5(2)(4)

SHIFT WORK


Criteria for shift work

’’Shift work’’ means any method of organising work in shifts whereby workers succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks;
’’Shift worker’’ means any worker whose work schedule is part of shift work.
Organisation of Working Time Regulations Art.2

Daily rest period

The entitlement of 11 consecutive hours of daily rest shall not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one, neither to workers engaged in activities involving periods of work split up over the day, as may be the case for cleaning staff.
Organisation of Working Time Regulations Art.16(a)(c)

Weekly rest period

The entitlement of a minimum uninterrupted weekly rest period of twenty-four hours, shall not apply in relation to a shift worker when the worker changes shift and cannot take a weekly rest period between the end of one shift and the start of the next one.
Organisation of Working Time Regulations Art.16b)

ON-CALL WORK

Relevant provisions on "on-call work" have not been identified.

FLEXITIME

Relevant provisions on "flexitime" have not been identified.

CASUAL WORK


General provisions

The Regulations for the employment of young persons aimed to protect this category of workers does not apply to occasional work involving domestic service in a private household, or work in a family undertaking, taking into account that, in either case, the nature of the work cannot be regarded as being harmful, damaging or dangerous to a young person.
Young Persons (Employment) Regulations Art.1(4)

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on "short-time work" have not been identified.

RIGHT TO CHANGE WORKING HOURS


Right to information

Every employer must inform part-time employees about the availability of full-time work opportunities and full-time employees about part-time opportunities, to facilitate transfers from full-time to part-time or vice versa within the workplace. Such information is to be given in a timely manner in order to allow the employees to apply for the vacancy.
Part-time Employees Regulations Art.9

Refusal to transfer

An employee’s refusal to transfer from part-time to full-time work and vice versa does not constitute a valid reason for termination of employment.
Part-time Employees Regulations Art.10

INFORMATION & CONSULTATION


Information

In those cases where no written contract of employment has been signed between the employer and the employee, and, or in cases where the written contract does not cover all or some of the information required to be notified to the employee by the relevant regulations, the employer shall be bound to give or send to the employee a letter of engagement or a signed statement, by not later than eight working days from the commencement of employment and which shall include a detail description of the working conditions of the employment, in respect to rates of payment, working time issues, and if the labour relation is governed by a collective agreement.
Information to Employees Regulations Art.4

Results generated on: 29th November 2022 at 02:45:58.

 
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