PORT WORKERS g S.L.171.02 1
SUBSIDIARY LEGISLATION 171.02
PORT WORKERS REGULATIONS
1st January, 1993
LEGAL NOTICE 90 of 1993, as amended by Legal Notices 141 of 1994,
79 of 1997, 187 and 215 of 1998, 90 of 2001, 318 of 2002 and 70 of 2003.
Title .
Interpretation.
Amended by:
L.N. 318 of 2002.
2. In these Regulations unless the context otherwise requires -
''accompanied motor car'' means a private motor car
accompanied by a person travelling to or from Malta, but shall not
include a private motor car imported into Malta for the first time by
a resident of Malta after a visit abroad;
Cap. 352.
''Authority'' means the Malta Maritime Authority established
under the Malta Maritime Authority Act;
''Board'' means the Port Workers Board established under article
12 of the Ordinance;
''Committee'' means the committee established under the
provisions of regulation 32;
Cap. 352.
''contractor'' has the same meaning as that assigned to it by
article 2 of the Malta Maritime Authority Act;
Cap. 352.
''Director'' means the Executive Director responsible for ports
appointed under article 8 of the Malta Maritime Authority Act;
''Government silo'' means the Government silo situated at the
Deep Water Quay at Pinto Road, Marsa;
''Kordino silo'' means the grain silo situated at Magazine Wharf
against the seaward face of Kordin Hill;
''metric ton'' means a ton of one thousand kilograms;
''Minister'' means the Minister responsible for ports, and includes
any person acting under this authority;
''minor son'' and ''minor daughter'' mean any person who is the
eldest or elder son or daughter -
( a ) of a registered port worker who dies while so
registered or who retires from port work on reaching
retirement age, and
( b ) who is under eighteen years of age at the time of his or
her father's death or retirement, as the case may be;
Cap. 171.
''port worker'' has the same meaning as that assigned to "port
worker" by article 2 of the Ordinance; and "port work" shall be
construed according to "port work" in the said Ordinance;
''Port Workers Register'' means the register required to be kept
by the Director under article 3(1) of the Ordinance;
2 g S.L.171.02 PORT WORKERS
''retiring age'' means the age prescribed in terms of article 14 of
the Ordinance;
''tourist coach'' means a motor coach accompanying tourists on
tour to/from Malta, but shall not include a motor coach imported
into Malta for the first time by a resident of Malta after a visit
abroad;
''unitised cargo'' and ''unit load'' have the same meaning assigned
to them by the Ordinance;
''week'' for the purposes of regulation 44 means a period of seven
consecutive days.
Exemption from 
port work.
Amended by:
L.N. 90 of 2001;
L.N. 318 of 2002.
3. (1) For the purposes of article 20 of the Ordinance, it is
hereby prescribed that the Ordinance shall not apply to the handling
of -
( a ) cargo transported between the Islands of Malta and
Gozo and Comino;
( b ) coke or coal in bulk other than bagged coke or coal;
( c ) oils or wines in bulk;
( d ) cattle, horses or other animals;
( e ) fish from fishing vessels.
(2) For the purposes of article 20 of the Ordinance, it is hereby
prescribed that article 9(3) of the Ordinance shall not apply to
transhipment cargo handled at the Malta Freeport.
Director to have 
overall control.
4.  The Director shall have overall control of all port work,
including the supply of port workers for port work.
Port workers not 
required to handle 
certain goods. . 
5. Port workers shall not be required to handle manually the
goods specified hereunder:
( a ) cement the temperature of which at any time exceeds
51.7°C;
( b ) caustic soda in bags of any type in loose form;
( c ) any package the weight of which exceeds 55
kilograms.
Foremen. 6. (1) The Director may, in his discretion and subject to the
provisions of the Ordinance, issue a licence to any person to act as
foreman of port workers.
(2) The Director shall not issue a licence under this regulation
unless he is satisfied that the person applying for a licence -
( a ) is over the age of twenty-five years;
( b ) has had adequate experience of cargo handling
operations;
( c )  is a fit and proper person to be licensed.
(3) The fee payable by a foreman in respect of a licence to act
as foreman shall be five liri  per annum  payable on the issue and on
each renewal of the licence.
PORT WORKERS g S.L.171.02 3
Responsibility of 
foremen.
7. (1) Foremen of port workers shall use the tools which in
the opinion of the Director are deemed to be proper and suitable for
the work in hand. 
(2) Disciplinary action as contemplated in article 5 of the
Ordinance may be taken against foremen of port workers who by
failing to use proper tools as required in sub-regulation (1) cause
damage to cargo.
Port workers to 
work with tools 
supplied by ship 
foreman.
8. (1) Port workers shall work with the tools and equipment
chosen by the ship foreman.
(2)  Port workers who fail to comply with the requirements of
sub-regulation (1) shall be reported by the Authority to the Port
Workers Board for any action the Board may deem proper to take.
Prospective Port 
Workers Register.
9. (1)  There shall be established a Prospective Port Workers
Register.
(2) The Board shall register on the Prospective Port Workers
Register any Maltese national who requests to be so registered and
who satisfies the requirements of these Regulations with regard to
his eligibility to be so registered.
Port Workers 
Register.
10.  There shall be established a Port Workers Register in
which all port workers shall be registered. 
Recruitment of 
port workers.
Amended by:
L.N. 318 of 2002.
11.   (1) Port workers shall be recruited from the Prospective
Port Workers Register by the filling of vacancies occurring through
the death or retirement of a port worker made in accordance with
the provisions of these Regulations.
(2) The vacancies which shall be filled shall be those
determined from time to time by the Director in order to maintain at
all times the full complement of port workers in accordance with
the provisions of these Regulations.
(3) No person shall be eligible to be registered as a port worker
unless he or she -
( a ) is over the age of eighteen and under the age of forty-
five years;
( b ) is examined by a medical board appointed by the
Minister and is found to be physically fit for port
work;
( c ) satisfies the Board that he or she is in possession of the
qualifications, skills and abilities, as may be
determined by the Director from time to time, to be
able to carry out the duties of a port worker;
( d ) satisfies the Board that he or she is a fit and proper
person to be a port worker; and
( e ) has never been convicted, or has never been declared
guilty, of theft or fraud or a criminal offence which, in
the opinion of the Authority, is deemed to be
detrimental to the provision of port work.
Complement of 
port workers.
12. (1) All port workers appearing on the Port Workers
Register shall form one homogeneous section and shall perform
such duties consisting of all work from hold to truck, stacking
4 g S.L.171.02 PORT WORKERS
ground or warehouse or vice-versa.
(2) The complement of port workers shall for the period
starting 1st January 1993 be fixed at four hundred, and shall
include winchmen, drivers and signalmen. The complement of port
workers shall be reviewed every two years by a Board, consisting
of a Chairman, who shall be nominated by the Minister, two
members, representing the Authority, and two members,
representing the port workers. 
(3) In its determination of the required complement, the Board
shall take into consideration the volume of port work, the
availability of cargo handling equipment and the introduction of
new port operations systems.
Eligibility to fill 
vacancies.
Amended by:
L.N. 318 of 2002.
13.  (1) Eligibility to fill a vacancy shall be limited to the son
or daughter, or to the elder from among the sons or daughters, of a
port worker who was registered as such as on the 17th September,
1990, and who retires or who is medically boarded out under the
provisions of these regulations or who dies:
Provided that such son or daughter satisfies the Board
that-
( a ) he or she is a person eligible to fill a vacancy as
provided for in regulation 11(3);
( b ) if he or she is an adopted son or daughter, was not over
the age of six years when adopted;
( c ) he or she has applied to the Director for port work
prior to the date on which the vacancy occurs and has
renewed in person such registration at the office of the
Director during the month of January of each
successive year:
Provided further that in the absence of a son or daughter of
a retired or deceased port worker who was a port worker in the
general cargo stevedores or port labourers section as on the 10th
June, 1975, eligibility to fill a vacancy shall be limited to the
brother or sister or to the elder from among the brothers or sisters
of such port worker, provided such brother or sister satisfies the
Board that he or she is a person eligible to fill a vacancy as
provided for in regulation 11(3) and in paragraph ( c ).
(2) Where a vacancy occurs among port workers, the Director
shall enter in the Prospective Port Workers Register established
under regulation 9, and which he shall keep for the purpose, the
name of the person who, in accordance with the provisions of sub-
regulation (1), is eligible to fill that vacancy and who applies to be
so registered.
(3) Saving the provisions of sub-regulation (2), the son or
daughter of a port worker who retires or who is medically boarded
out or who dies, or the brother or sister of a port worker who retires
or who dies, shall be registered in the Prospective Port Workers
Register on the day of such retirement or medical boarding out or
death, as the case may be.
(4) The order in which vacancies shall be filled shall be
PORT WORKERS g S.L.171.02 5
determined by the chronological order of the retirement or medical
boarding out or death, but any person being the son or daughter or
brother or sister of a port worker who was so registered as on 10th
June, 1975, and who is registered in the Prospective Port Workers
Register and who is still so registered on the day immediately prior
to his or her forty-fifth birthday shall, subject to the provisions of
these Regulations, on that day be registered in the Port Workers
Register, without affecting the rights of other persons registered in
the Prospective Port Workers Register:
Provided that when more than one person retires or is
medically boarded out or dies on the same day, the order of
preference shall be established by the date of birth of the
prospective port worker, starting from the eldest.
(5) Registration in the Prospective Port Workers Register shall
lapse if it is not renewed in person at the office of the Director in
the month of January of each year.
(6) Notwithstanding the provisions of sub-regulations (2) and
(3), the Director may register in the Prospective Port Workers
Register the minor son or daughter of a registered port worker who
dies while so registered or who retires from port work on reaching
retirement age:
Provided that -
( a ) if such son or daughter is over the age of  e ighteen
years, such son or daughter applies for registration
within one month from the death or retirement of his
or her father, as the case may be, and thereafter renews
such registration as provided for in this regulation;
( b ) if such son or daughter is under the age of sixteen
years on the death or retirement of his or her father, as
the case may be, such son or daughter applies for
registration within one month of attaining the age of
sixteen years, and thereafter renews such registration
as provided for in this regulation.
( c ) the registration of such son or daughter in the
Prospective Port Workers Register shall not entitle
him or her to compete for the filling of vacancies until
such time as he or she reaches eighteen years of age
and, notwithstanding the provisions of sub-regulation
(4) he or she shall, for the purpose of the order in
which vacancies are filled, be placed after the person
then appearing last on that Register.
(8) Deleted by Legal Notice 318 of 2002 .
(9) A minor son or daughter who qualifies for registration in
the Prospective Port Workers Register in terms of this regulation
shall not eventually be registered as a port worker if he or she is not
a person eligible to be so registered as provided for in regulation
11(3).
Requirements.
Substituted by:
L.N. 318 of 2002.
14. No port worker who is registered in the Port Workers
Register shall, on death or retirement or on being medically
boarded out, be replaced by a son  or daughter or brother or sister
6 g S.L.171.02 PORT WORKERS
as the case may be:
Provided that port workers who prior to the 10th day of
June, 1975 were licensed to work in the general cargo stevedores or
in the lightermen or in the port labourers section, shall continue to
be replaced by a son or daughter or a brother or sister, subject to the
provisions of these regulations:
Provided further that port workers who were so licensed as
on the 23rd day of October, 1992, shall be replaced by a son or
daughter subject to the provisions of these regulations.
Filling of 
vacancies. 
Amended by:
L.N. 318 of 2002.
15. (1) When the Director determines that a vacancy shall be
filled the Board shall, upon the production of such documents and
certificates as it may require, register as a port worker in the Port
Workers Register a person -
( a ) who is registered on the Prospective Port Workers
Register; and
( b ) who satisfies the requirements of these regulations
with regard to his or her eligibility to be so registered.
(2) Vacancies in the complement of workers, as established
from time to time in accordance with regulation 12, shall be filled
within thirty days of the occurrence of such vacancies.
Registration of son 
or daughter of port 
worker who dies 
following accident 
on port work.
Substituted by:
L.N. 318 of 2002.
16. Notwithstanding the provisions of regulation 11(2), a son
or daughter -
( a ) of a port worker who dies as a result of injuries
sustained while performing port work; or
( b ) of a port worker who, being over forty-five but under
fifty-five years of age on his last birthday, is certified
to be medically unfit for port work by a medical board
appointed by the Minister and whose licence is
cancelled for this reason,
shall be registered in the Port Workers Register, provided such son
or daughter is a person eligible to be so registered in accordance
with regulations 11(3) and 13(3):
Provided that the son or daughter of a port worker certified
to be medically unfit for port work in accordance with the
provisions of paragraph ( b ) shall not be registered in the Port
Workers Register before the lapse of a period of three months from
the date of the cancellation of his or her father’s licence..
Voluntary 
retirement.
Substituted by:
L.N. 318 of 2002.
17. A port worker, who is over fifty years of age, may apply to
the Board to have his registration cancelled in favour of his son or
daughter, and if such port worker was so licensed as on the 10th
day of June, 1975, in favour of his son or daughter or brother or
sister:
Provided -
( a ) that such port worker on having his registration
cancelled shall forfeit all rights to a pension or
gratuity; and
( b ) the son or daughter is a person eligible to be a port
PORT WORKERS g S.L.171.02 7
worker in accordance with the provisions of regulation
11.
Certificate of 
registration and 
identity card.
Amended by:
L.N. 318 of 2002.
18.   (1) On registration in the Port Workers Register, the
Director shall issue to a port worker -
( a ) a certificate of registration valid up to the 31st
December of the current year in such form as the
Director may establish; and
( b ) an identity card.
(2) Such identity card shall remain the property of the
Authority and shall be returned to the Director by any port worker
or his widows or her widowers and heirs, as the case may be, when
he or she ceases to be registered.
(3) A port worker shall not transfer his or her identity card to
any person.
(4) Unless exempted by the Director a port worker shall wear
his or her identity card whenever he or she is employed in port
work and shall produce it on demand to the Director, or to his or
her employer, or to the Authority.
(5) Where the Director is satisfied that an identity card has
been lost or damaged, he may issue a duplicate card to a port
worker on payment of a fee of one lira.
Renewal of 
registration. 
Amended by:
L.N. 318 of 2002.
19. (1) Every registered port worker shall apply in person at
the Authority or at such other place as the Director may determine,
in the month of January of each year as required by the Director to
renew his or her registration.
(2) The fee payable by a port worker in respect of a licence to
act as a port worker shall be five liri  per annum  payable on the
issue and on each renewal of the licence.
(3) Any registered port worker who is unable to renew his or
her registration in accordance with sub-regulation (1) owing to
incapacity for work, shall do so on the working day immediately
following the end of the period of incapacity and shall produce to
the Director a medical certificate in respect of the whole period of
incapacity, and if he or she satisfies the Director that he or she was
unable to apply in person to renew his or her registration owing to
such incapacity, the Director may renew such registration.
(4) Where the registration of a port worker is not renewed as
provided for in sub-regulations (1) and (3), an application for the
renewal of such registration shall be referred for decision by the
Board.
Duties of 
Authority.
20. (1) When the Authority becomes aware that -
( a ) any unregistered person is working or attempting to
obtain work as a port worker in a port, or
( b ) any person is making use of an identity card to which
he is not entitled, or
( c ) any person who is working in the port has failed to
produce his identity card on demand,
8 g S.L.171.02 PORT WORKERS
it shall forthwith report the matter to the Director who may take
such steps as he may deem proper in the circumstances and may
also for the purpose of further investigation impound any card
which in his opinion is being improperly used.
(2) Where any employer disputes any bill for port work or fails
to pay any such bill, the Authority shall, unless the matter is settled
by him, report the fact to the Director and shall refrain from
supplying port workers to an employer failing to pay any bill for
port work if the Director, after giving the employer an opportunity
of making representations, so instructs.
Cargo for purposes 
of definition of 
port workers.
21. For the purposes of the definition of port worker in article
2 of the Ordinance, it is hereby prescribed that the cargo referred to
in that definition in relation to the handling thereof from transit
shed or stack on open quay to vehicle shall be -
( a ) cereals, canary seed, sugar, seed potatoes, salt, in
bags;
( b ) frozen meat;
( c ) timber; 
( d ) liquid gas cylinders;
( e ) bitumen and asphalt in drums;
( f ) any substances in bags or in drums for use in the oil
industry;
( g ) in an enclosed port area -
(i) the packing and unpacking of containers; and
(ii) the consolidation of unit loads for loading on
board a ship.
Disruption of 
rosters.
22. (1) The Authority shall immediately report to the Port
Disputes Board any case involving the disruption of a roster in
which port workers may at the time be organized.
(2)  The Port Disputes Board shall investigate such report and
if it finds to its satisfaction that a roster was wilfully or negligently
disrupted by an employer of port workers, or by a person acting on
behalf of such employer, it shall award compensation, not
exceeding five hundred liri, against such employer in favour of the
port workers prejudiced by such disruption.
(3) When two or more employers of port workers are found by
the Port Disputes Board to have wilfully or negligently
concurrently disrupted a roster, the Port Disputes Board may
determine the proportion of the amount of compensation to be paid
by each of such employers, but in determining such proportions,
the said Board shall take into account the extent to which each of
such employers has been in default.
(4) In any case involving the disruption of a roster, the
Authority shall operate such roster in accordance with the order of
allocations obtaining at the time the disruption was discovered.
PORT WORKERS g S.L.171.02 9
Administrative 
surcharge.
Amended by:
L.N. 90 of 2001.
23. Subject to the provision of regulation 3(2), in accordance
with the provisions of article 9(3) of the Ordinance it is hereby
prescribed that the percentage of the gross wages of port workers
which may be levied on employers of port workers for the purpose
of the administrative surcharge shall be six  per centum.
Tariffs: foremen.
accordance with the tariffs of fees and the rates thereto set in the
First Schedule to these Regulations.
Tariffs: by 
employers of port 
workers to 
Authority.
25. Employers of port workers shall effect payment for port
work to the Authority in accordance with the tariffs of fees and
rates set out in the Second Schedule to these Regulations, and in
accordance with the levy set out in the Eighth Schedule to these
Regulations.
Port workers’ 
tariffs.
26. The Authority shall, on receipt of payment of bills by
employers of port workers, deposit in a port workers’ wages
account the moneys due to port workers in accordance with the
tariffs of fees and notes set out in the Third Schedule to these
Regulations.
Methods of 
calculating the 
tariffs.
27. The fees specified in the tariffs of fees contained in the
Third Schedule to these Regulations shall be calculated in
accordance with the methods set out in the Fourth Schedule to these
Regulations.
Method of 
payment to port 
workers.
28.  The method of payment to port workers shall be in
accordance with the provisions of the Fifth Schedule to these
Regulations.
Regular working 
hours and public 
holidays.
29.  The hours of work, leave and public holidays shall, in
respect of port workers, be in accordance with the provisions of the
Sixth Schedule to these Regulations.
Ordering of labour 
- cancellation of 
orders.
30. The organisation, duties and supply of labour and the
cancellation or amendment of such orders shall, in respect of port
workers, be in accordance with the provisions of the Seventh
Schedule to these Regulations.
Pension and 
Contingency Fund.
31. There shall be established a fund to be known as the
Pension and Contingency Fund, hereinafter referred to as "the
Fund".
Fund Committee.
by the Minister. The Committee shall he composed of:
( a ) an officer in the public service who shall be Chairman;
( b )  a representative of the Authority;
( c ) two representatives of the employers of port workers
nominated by the organisations represented on the
employers’ side of the Port Labour Joint Council;
( d )  one representative of the contractor;
( e ) two representatives of port workers nominated by their
trade union;
( f ) two persons appointed by the Minister;
( g ) a secretary who shall have no vote.
10 g S.L.171.02 PORT WORKERS
Administration of 
the Fund.
Amended by:
L.N. 318 of 2002.
33.  (1) The Committee shall be responsible to the Minister for
the good and proper administration of the Fund.
(2) The Committee shall not incur expenditure exceeding five
hundred liri  per annum  without the prior authority of the Minister,
provided that this regulation does not limit payments of benefits
made to port workers or to persons who have served as port
workers, or their widows or widowers and heirs as laid down in
these regulations.
(3) Furthermore the Committee shall effect such payments out
of the Fund as may from time to time be authorised by the Minister.
(4) Payments out of the Fund shall be made by the Authority,
who shall -
( a ) keep proper books of accounts approved by the
Committee; and
( b ) submit to the Committee monthly statements of
accounts in such form as the Committee may deem fit.
(5) Every three months the Committee shall refer to the
Minister a statement of accounts showing the state of the Fund.
Annual reports and 
information.
34.  (1) The Committee shall submit to the Minister not later
than the 31st day of May of each year, a report in respect of the
transactions made and benefits paid during the year ending on the
31st day of March of that same year.
(2) The report mentioned in sub-regulation (1) shall include all
the reports made by the auditor of the Committee during the year in
respect of which such report is made.
(3) Such auditor shall be nominated by the Committee and
appointed by the Minister.
Investment of 
moneys remitted to 
the Fund.
35. The Committee may with the approval of the Minister
invest moneys remitted to the Fund. 
Auditing. 36.  (1) The books of the Fund shall be examined at least once
every three months by the auditor nominated and appointed in
accordance with the provisions contained in regulation 34(3).
(2) The Committee shall make available to the auditor such
books of accounts and such other documents, and shall provide him
with such information as may enable him to carry out proper
examinations.
(3) The auditor shall, every three months, compile reports on
the examinations made and shall submit such reports to the
Minister and to the Committee.
Committee to 
regulate procedure.
37.  Subject to the provisions of these Regulations the
Committee may regulate its own procedures.
Financing the 
Fund.
38. The Authority shall remit to the Fund:
( a ) the difference between the fees payable by employers
of port workers and the wages paid to port workers;
( b ) the levy specified in the Eighth Schedule to these
PORT WORKERS g S.L.171.02 11
Regulations;
( c ) any moneys which may be passed to it by the Director
for the remittance to the Fund.
Pension.
1973, but not later than the fourth day of January, 1980, had
attained the retiring age and who had their registration cancelled by
the Director, shall continue to receive a pension or a gratuity under
the conditions and at the rates specified in regulation 42 of, and in
the Ninth Schedule to, these Regulations.
Cap. 318.
(2) Port workers who on or after the fifth day of January 1980,
have attained the retiring age shall have their registration cancelled
by the Director but retaining their pension rights under the Social
Security Act.
Pension to widows, 
widowers and 
heirs.
Substituted by:
L.N. 318 of 2002.
40. The balance of a pension due to a port worker who dies
before the lapse of five years from the date of cancellation of his or
her registration on being medically boarded out prior to reaching
retirement age, under the provisions of these Regulations, shall be
paid to the widows, or widowers, and heirs of such port worker:
Provided that the pension paid to a port worker before his
or her death and the balance payable to his widow, or to her
widower, and heirs shall in total not exceed the amount that would
have been paid to such port worker during a maximum period of
five years from the date of being medically boarded out..
Retirement on 
medical grounds.
Amended by:
L.N. 318 of 2002.
41.  (1) A port worker, who, being forty-five years of age or
over on his last birthday, has his registration cancelled on being
certified to be medically unfit for port work by a medical board
appointed by the Minister shall, if he has a son eligible to replace
him in accordance with these Regulations, receive a pension as
follows:
( a ) during such time as such son is not registered in the
Port Workers Register - full pension;
( b ) from the date on which such son is registered in the
Port Workers Register until the port worker reaches
retiring age - such part of the full pension as the
Minister may, on the advice of the Committee, from
time to time determine; and
( c ) on reaching retiring age - full pension.
(2) A port worker who, being forty-five years of age or over on
his last birthday, has his registration cancelled on being certified to
be medically unfit by a medical board appointed by the Minister
shall, if he or she has no son or daughter or brother or sister to
replace him or her in accordance with these regulations, recieve a
pension as follows:
( a ) until he or she reaches retiring age - such part of the
full pension as the Minister responsible for ports may,
on the advice of the Committee, from time to time
determine; and
( b ) on reaching retiring age - full pension.
12 g S.L.171.02 PORT WORKERS
Cap. 318.
(3) The provisions of sub-regulation (1)( c ) and of sub-
regulation (2)( b ) shall not apply to port workers who after the
twenty-second day of January, 1979, have their licence cancelled
under the provisions of this regulation, if they reach the retiring age
on or after the fifth day of January, 1980, saving their pension
rights under the Social Security Act.
(4) Saving the provisions of sub-regulation (3), a person who is
registered as a port worker after the thirtieth day of May, 1978 shall
not be eligible to recieve a pension as specified in subregulations
(1) and (2) if he or she does not satisfy the requirements laid down
in regulation 42.
Service to qualify 
for pension. 
Amended by:
L.N. 318 of 2002.
42.   (1) A person who is registered as a port worker after the
30th day of May, 1978, shall qualify for a pension on completing
ten years continuous service as a registered port worker. 
(2) Notwithstanding the provision of sub-regulation (1), a son
or daughter or brother or sister of a port worker whose licence is
cancelled at his own request in accordance with the provisions of
regulation 17 shall, on being registered in the Port Workers
Register, qualify for a pension on completing fifteen years
continuous service as a registered port worker.
Gratuity on 
retirement.
Substituted by:
L.N. 187 of 1998.
Amended by:
L.N. 215 of 1998.
Substituted by:
L.N. 70 of 2003.
43.  (1) A port worker who is a registered port worker on the
date of the coming into force of this regulation, or subsequently,
shall receive a gratuity in respect of each year of service, or part
thereof, to be reckoned as from the 4th April 1973.
(2) The Minister, after consultation with the Committee, may
for the purpose of this regulation, authorise that initial and yearly
amounts be invested with a reputable assurance company for the
purpose of the provision of such gratuities to port workers.
(3) The payment of the said gratuity shall be made by the
Committee in any one of the following circumstances:
(i) to a port worker who reaches retirement age, or
(ii) to a port worker whose registration is cancelled by the
Director, or
(iii) to the heirs of a port worker who dies whilst being so
registered.
Insurance policy. 
Amended by:
L.N. 79 of 1997.
44.  (1) Port workers shall be provided with a Personal
Accident and Sickness Insurance Policy on a basis of twenty-four
hours, which will provide benefits to them and their dependents
covering accidental death, permanent disablement and temporary
total disablement due to accident and/or sickness.
(2) The compensation contemplated in such insurance policy
shall as a minimum include:
( a ) In The Event Of Accidental Death: Lm10,000 per
capita;
( b ) in the event of permanent disablement: up to
Lm10,000 per capita; and
( c ) in the event of temporary total disablement following
PORT WORKERS g S.L.171.02 13
accident and/or sickness: Lm112 per week for a period
of six weeks.
(3) The premium for the insurance policy referred to in sub-
regulation (1) shall be defrayed from the Fund.
Power of the 
committee to 
investigate claims.
45. In examining any claim made by a person under these
regulations, the Committee may make any investigation and may
require the production of any evidence, including documentary
evidence, it may deem necessary.
Recovery of 
gratuity in respect 
of injury caused by 
wilful act or 
negligence.
Amended by:
L.N. 318 of 2002.
Cap. 16.
46. (1) The Committee shall have the right to claim by civil
action the amount of any gratuity paid or payable under these
Regulations- 
( a ) from any person, other than the port worker entitled to
such gratuity, where an injury in respect of which the
gratuity is paid or payable was caused by the wilful act
or the negligence of such person or of any other person
for whom, under the provisions of the Civil Code, the
first mentioned person is responsible;
Cap. 16.
Cap. 424.
( b ) without prejudice to the generality of paragraph ( a ),
where the injury was caused on account of or through
the non-compliance by himself or herself, or by any
other person for whom such employer is responsible
under the Civil Code, with any obligation imposed by
the Occupational Health and Safety Authority Act or
by any regulations made thereunder.
(2) Nothing in this regulation shall prejudicially affect any
right to claim and obtain compensation or damages which the
injured person, or those claiming under him or her, may have under
the provisions of the Civil Code against the person through whose
wilful act or negligence the injury was caused; but in assessing the
amount of such compensation or damages, the Court shall take into
account the gratuity recovered or recoverable by the Committee as
provided in sub-regulation (1).
(3) Any amount recovered by the Committee under this
regulation shall be carried to the credit of the Fund.
Increase in wages 
of port workers.
Amended by:
L.N. 318 of 2002.
47. (1) The Minister may authorize the payment out of the
Fund of a cost of living increase or bonus or of any other increase
in the wages of port workers together with a percentage thereon as
an administrative charge by the Authority at such rates and under
such conditions as he may from time to time prescribe.
For the purposes of this sub-regulation the percentage laid
down in regulation 13 shall apply.
(2) The provisions of sub-regulation (1) shall be deemed to
have come into force on the 4th day of April, 1973.
(3) To qualify for the receipt of any payment authorised under
sub-regulation (1) in respect of any one day, a port worker may be
required to prove to the satisfaction of the Authority that he or she
was available for work on that day.
14 g S.L.171.02 PORT WORKERS
Guaranteed 
earnings.
48. (1) The earnings of port workers shall be guaranteed at the
level of the average earnings realized during the five year period
ending on the 31st day of December of the year immediately
preceding the year in respect of which this guarantee applies.
(2) For the purposes of this regulation the earnings of port
workers shall be deemed to be the global earnings of port workers
taking into account the number of port workers as on the 31st day
of December of each year.
(3) Payments to bring such earnings to the guaranteed level
shall be made out of the Fund.
(4) There shall be published in the Gazette, in respect of each
calendar year ending on the 31st day of December, the global
earnings of port workers, taking into account the number of port
workers as on the 31st day of December of that year.
PORT WORKERS g S.L.171.02 15
Unitised Cargo
Ship foremen and shore foremen engaged in the supervision of the handling of
unit loads or unitised cargo shall be paid the following fees:
FIRST SCHEDULE
(Regulation 24)
Substituted by:
L.N. 141 of 1994;
Amended by:
L.N. 318 of 2002.
Fees payable to Foremen
Tariff A
Item Description Fee
1.0 To ship foremen engaged in the supervision of the:
1.1 unloading of unitised cargo, per ton ........................... 2c7
1.2 locally manufactured goods, per ton - 
1.2.1 locally manufactured goods, per ton .................................. 2c3
1.2.2 other cargo, per ton ............................................................ 2c7
1.3 unloading or loading of transhipment cargo -
1.3.1 motor vehicles, mobile, unpacked, per unit ........................ 1c3
1.3.2 other cargo in unit loads, per ton ........................................ 2c5
2.0 To shore foremen engaged in the:
2.1 unloading of unitised cargo, per ton ................................... 6c8
2.2 loading of unitised cargo -
2.2.1 locally manufactured goods, per ton .................................. 4c0
2.2.2 other cargo, per ton ............................................................ 5c2
2.3 unloading or loading of transhipment cargo -
2.3.1 motor vehicles, unpacked, mobile, per unit ........................ 1c3
2.3.2 other cargo in unit loads, per ton ........................................ 4c4
3.0 Note:  The fees payable to shore foremen include a charge
for the provision of tarpaulins on lighters and quays until
delivery is effected in terms of the Malta Maritime
Authority Act, dunnage and tools.
16 g S.L.171.02 PORT WORKERS
Tariff B
General Cargo
Ship foremen and shore foremen engaged in the supervision of the
handling of cargo, other than cargo in unit loads, shall be paid the
following fees:
Item Description Fee
1.0 To ship foremen:
1.1 engaged in the handling of coal and coke in bulk, per ton . 3c7
1.2 engaged in the handling of bulk cargo other than coal and
coke and other than bulk cargo handled at the
Government silo, per ton .................................................... 3c0
1.3 engaged in the handling of general cargo, per ton .............. 3c3
1.4 engaged in the handling of bulk cargo at the Government
silo, per ton ......................................................................... 2c0
2.0 To shore foremen:
2.1 engaged in the handling of coal and coke in bulk, per ton  3c7
2.2 engaged in the handling of bulk cargo other than coal and
coke, per ton ....................................................................... 3c0
2.3 engaged in the handling of general cargo (inclusive of the
charge for the provision of tarpaulins on lighters and
quays until delivery is effected in terms of the Malta
Maritime Authority Act, dunnage and tools) per ton ......... 6c8
PORT WORKERS g S.L.171.02 17
SECOND SCHEDULE
(Regulation 25)
Fees payable by Employers of Port Workers
1. In respect of the work described in Column 1 of the following table there
shall be paid to the Authority the fees appearing in Columns 2 and 3 by the persons
specified at the head of each of the two columns in respect of port workers engaged
on port work.
Column 1 Column 2 Column 3
Description of Work Payable by the 
owner, master 
or agent of a 
ship
Payable by 
other persons 
on whose 
behalf work 
ashore is 
performed
SECTION A
( a ) Loading of unitised cargo:
(i) locally manufactured goods ..................... 30c per tonne 25c per tonne
(ii) all other cargo .......................................... 30c per tonne  50c per tonne
( b ) Unloading of unitised cargo ..................... 30c per tonne  50c per tonne
SECTION B
Transhipment of unitised cargo:
 ( a )  loading or unloading of motor vehicles,
unpacked, mobile -
(i)  motor cars................................................ Lm2.50 per 
unit for each 
operation
-
(ii)  vans ......................................................... Lm3.75 per 
unit for each 
operation
-
(iii)  trucks and chassis .................................... Lm7.50 per 
unit for each 
operation
-
 Provided that when the number of units
unloaded from and/or loaded on the same ship in
one operation exceeds 500, the fees in respect of
units in excess of 500 shall be at the rate of 50  per
centum  of those specified in this item.
 ( b ) Loading or unloading of other unitised
cargo .................................................................... 50c per tonne -
SECTION C
(1) Shifting of unitised cargo:
( a ) Motor vehicles, unpacked, mobile, shifted
during the loading or unloading of transhipment
cargo in unit loads:
18 g S.L.171.02 PORT WORKERS
(i)  motor cars ............................................... 75c per unit 
for each 
operation
-
(ii) vans ......................................................... 100c per unit 
for each 
operation
-
(iii)  trucks and chassis .................................... 125c per unit 
for each 
operation
-
 ( b )  Other cargo in unit loads, including motor
vehicles, unpacked, mobile, not being shifted in
the course of transhipment operations as specified
in item (1)( a ) of this Section ................................. 30c per tonne 
for each 
operation
-
(2) Loading or unloading of empty containers  535c per unit -
(3) Loading or unloading of empty trailers ..... 50c per unit -
(4) Loading or unloading of empty containers
on trailers .............................................................
570c per unit -
(5) Road transport vehicles or bowsers,
(excluding ship’s equipment used to tow, push,
carry or move unitised cargo), rolled off or rolled
on a RORO ship to load or unload cargo, as the
case may be .......................................................... 250c per unit 
in addition to 
the charges 
on cargo 
carried
-
(6)  Folding collapsible containers, loaded or
unloaded interlocked into one another .................. 55c per tonne 
of 1,000 
kilogram-
mes
-
2.  For the purpose of calculating the fees specified in the tariff in this Part of
this Schedule, the provisions of the Fourth Schedule shall apply.
3. The tonnage of unitised cargo on which fees are calculated shall be the
actual tonnage of the cargo loaded or unloaded or shifted, excluding the equipment
used to form unit loads or to tow, push, carry, or otherwise move such cargo:
Provided that in the case of trailers and containers, fees shall be calculated
according to the following fixed tonnage:
Containers 20 ft  23 tons
Containers 40 ft  45 tons
Trailers 20 ft  25 tons
Column 1 Column 2 Column 3
Description of Work Payable by the 
owner, master 
or agent of a 
ship
Payable by 
other persons 
on whose 
behalf work 
ashore is 
performed
PORT WORKERS g S.L.171.02 19
Trailers 40 ft  45 tons
Trailers/Supercube 40/43 ft  58 tons
Refrigerated containers containing frozen meat, frozen fish and frozen by-
products of such commodities: 
Containers/Trailers 20 ft  18 tons
Containers/Trailers 40 ft  26 tons
4.  When the actual weight and measurement of cargo in respect of each bill of
lading relative to unitised cargo are not recorded in ship’s manifests, or bills of
lading, the fees specified in the tariff of this Schedule shall, notwithstanding the
provisions of paragraph 2 hereof, be calculated on the basis of the overall
measurement, subject to the provisions of paragraph 3 above.
20 g S.L.171.02 PORT WORKERS
Amended by: THIRD SCHEDULE
L.N. 141 of 1994.  
(Regulation 26)
Tariff of Fees Payable to Port Workers
PART I 
General Cargo
Port workers employed to handle the cargo specified in Column 1 of this Tariff shall
be paid the fees shown in Column 4, such fees being the total amount of the fees
indicated in Column 2 and in Column 3 thereof.
Column 1 Column 2 Column 3 Column 4
Nature of cargo For handling 
from hold/deck 
to ship’s rail 
or vice-versa
For handling 
from ship’s 
rail to quay or 
shed or vice-
versa
Total payable 
in respect of 
whole 
operation
a .  Cement -
in big bags or on pallets
per ton .................................. 68c* 48c* 116c*
Cement -
in 50 kg bags
per ton .................................. 116c* 96c* 212c*
b .  Soda, Sulphur and Coal - in bags
per ton .................................. 68c* 52c* 120c*
c .  Onions, carobs, oats, pollard,
cotton seed, oil cake, barley, bran, coke and
malt - in bags
per ton .................................. 83c* 66c* 149c*
d .  Potatoes
per ton .................................. 60c* 53c* 113c*
e .  Iron joists, beams, girders, rails,
metal rods including angle iron and sheets,
ingots
per ton .................................. 56c* 58c* 114c*
f . Refrigerated cargo:
Fruit in cases or cartons
per ton .................................. 100c* 60c* 160c*
Other, per ton ................................ 82c 60c* 142c*
g .  Fruit in cases or cartons (not
refrigerated)
per ton .................................. 60c* 46c* 106c*
h .  Scrap metal (other than aluminium)
- loose
PORT WORKERS g S.L.171.02 21
Note: 
( a )  Where denoted by an asterisk, tariff figures shall be subject to an additional
overall payment of 5  per centum , which shall be payable to port workers actually
employed on a particular operation.
( b )  The fees shown above include all remuneration due for the carrying of cargo
necessary for the performance of the whole operation.
PART II
Unitised Cargo
Port workers allocated to handle cargo in unit loads shall be paid the fees shown in
Column 2 of this Tariff in respect of the work specified in Column 1 thereof:
per ton .................................. 68c* 71c* 139c*
i .  Scrap aluminium - loose 
per ton .................................. 117c* 130c* 247c*
j .  Motor and aviation spirit in cans or
drums, and explosives including
ammunition and pyrotechnics
per ton .................................. 46c* 45c* 91c*
k .  Chairs, loose or in bundles - each  2c 2c 4c
  Willows, canes  et similia , in
bundles
per bundle ............................ 2c 2c 4c
Empty drums of a capacity of 40
gallons and over
each ...................................... 2c 2c 4c
l . Empty wine and beer casks
each ...................................... 13c 15c 28c
m .  Accompanied cars (other than cars
driven on or off a car ferry)
each ...................................... 152c 179c 331c
n . Tourist coaches (other than tourist
coaches driven on or off a car ferry)
each ...................................... 250c 179c 331c
o .  All other cargo other than cargo in
bulk
per ton .................................. 46c* 46c* 92c*
Column 1 Column 2 Column 3 Column 4
Nature of cargo For handling 
from hold/deck 
to ship’s rail 
or vice-versa
For handling 
from ship’s 
rail to quay or 
shed or vice-
versa
Total payable 
in respect of 
whole 
operation
22 g S.L.171.02 PORT WORKERS
Column 1 Column 2
Nature of work Rate
( a ) Unloading or loading of transhipment cargo
in unit loads:
(i)  motor vehicles unpacked, mobile -
( a ) motor cars ........................................... Lm2.50 per unit for each 
operation
( b )  vans .................................................... Lm3.75 per unit for each 
operation
( c )  trucks and chassis ............................... Lm7.50 per unit for each 
operation
Provided that when the number of units unloaded
from and/or loaded on the same ship in one operation
exceeds five hundred, the fees in respect of units in
excess of 500 shall be reduced by 50  per   centum ;
(ii) all other cargo .............................................. 50c per tonne
( b )  Unloading or loading of unitised cargo, other
than that mentioned in paragraph ( a ) of this Part ....... 55c per tonne
( c ) Shifting of unitised cargo -
(1) Motor vehicles, unpacked, mobile,
shifted during the loading or unloading of
transhipment cargo in unit loads:
( a ) Motor cars .......................................... 75c per unit for each 
operation
( b ) Vans ................................................... 100c per unit for each 
operation
( c ) Trucks and chassis .............................. 125c per unit for each 
operation
(2)  Other cargo in unit loads including
motor vehicles unpacked, mobile, not being shifted
in the course of transhipment operations as specified
in sub-paragraph (1) of this paragraph ...................... 25c per ton for each 
operation
( d ) Loading or unloading of empty containers .... 535c per unit
( e )  Loading or unloading of empty trailers ......... 50c per unit
( f )  Loading or unloading of empty containers on
trailers ..................................................................... 570c per unit
( g ) Road transport vehicles and bowser
(excluding ship’s equipment used to tow, push, carry
or move unitised cargo) rolled on or off a RORO ship
to load or unload cargo ............................................. 250c per unit in addition to 
the fees in respect of cargo 
carried
( h ) Folding or collapsible containers loaded or
unloaded interlocked into one another ....................... 55c per ton of 1000 
kilogrammes
PORT WORKERS g S.L.171.02 23
PART III
Bulk Cargo
Port workers employed to handle the cargo specified in Column 1 of this tariff
shall be paid the fees shown in Column 4, such fees being the total amount (where
applicable) of the fees indicated in Column 2 and in Column 3 thereof:
Column 1 Column 2 Column 3 Column 4
Nature of cargo For handling 
from hold to 
ship’s rail or 
vice-versa
For handling 
from ship’s 
rail to quay or 
shed or vice-
versa
Total payable 
in respect of 
whole 
operation
Per ton Per ton Per ton
A. Bulk cargo loaded or unloaded by
suction plant feeding in hold ex chutes at
Government silo: 
(i)  Wheat .................................. 16c
(ii) Oats and barley .................... 22c
(iii) Soya beans, oil cake, pollard
and beans ................................................... 45c
(iv) Other bulk cargo .................. 16c
B.  Bulk cargo not loaded or unloaded
by suction plant:
a .  Wheat .................................. 30c
b .  Carobs, oats, cotton seed and
barley ........................................................
55c
c .  Other grains ......................... 31c
d .  Salt, sand, grit and marble
chipping .....................................................
124c
e .  Alfalfa, grass pellets, soya
bean pellets and sunflower meal ................. 93c 85c 178c
f .  Other bulk cargo .................. 33c
C. Bulk cargo handled by suction
plant feeding in hold other than at the
Government silo ......................................... 27c
Note:
1. The above fees include all remuneration due for the carrying of cargo
necessary for the performance of the whole operation.
2.  Bagging and tying of damaged bulk wheat which cannot be unloaded by
suction shall be paid at double the fee for bulk wheat not unloaded by suction; and
the normal fees applicable to bagged cargo shall be paid for its unloading.
3. The fee for the unloading of wheat in bulk not unloaded by suction from
deep tanks shall be 75  per centum  in addition to the normal fee specified in this Part
of this Tariff.
4. The unloading of wheat in bulk between pipes not unloaded by suction in
the deep tanks shall be charged at double the normal fee shown in this Part of this
Tariff and the quantity of wheat so discharged shall be established by agreement
between the master (or the chief officer) and the Authority.
24 g S.L.171.02 PORT WORKERS
Note:
The fees shown against item ( a ) shall be in addition to the fees shown in note 5 of
this Part of this Schedule, and the fees shown against items ( b ) and ( c ) shall be in
lieu of the fees shown in Column 3 of note 5 of this Part of this Schedule.
7.  Notwithstanding anything contained in this Part of this Schedule, port
workers employed to load or unload wheat in bulk or other bulk cargo through the
Kordin silo shall be paid the fee of 2c5 per metric ton:
Provided that when wheat in bulk or other bulk cargo is transferred from
Kordin silo to other silos or to warehouses for local use or consumption, such wheat
in bulk or other bulk cargo shall be deemed to have been handled at the Government
silo and the appropriate fees specified in this Part of this Schedule shall be payable.
8.  The fee of 2c5 per metric ton shall be deemed to include all remuneration for
all work that may be necessary for the whole loading or unloading operation.
5. Where bulk cargo is not loaded or unloaded at the Government Silo, port
workers employed to handle from ship’s tackle to stack on quay or in shed or vice
versa the cargo in bulk specified in Column 1 of this note shall be paid the fees
shown in Column 2 and in Column 3 thereof: -
Column 1 Column 2 Column 3
Nature of Cargo Slinging/
unslinging under 
ship’s tackle, on 
quay or on 
lighters, 
including 
stowing/stacking 
as necessary
Handling on 
quay
Rate per ton Rate per ton
( a )  Wheat ................................................ 8c 44c
( b )  Carobs, oats, cotton seed and barley ... 13c 76c
( c )  Other grains ....................................... 8c 47c
( d ) Deffun , marble chippings ................... 12c 66c
( e ) Other bulk cargo ................................ 8c 49c
Note:
The above fees include all remuneration due for any trimming which may
be necessary.
6. Port workers employed in the handling of bulk cargo to perform the
operations specified in Column 1 of this note shall be paid the fees shown in
Column 2 thereof: -
Column 1 Column 2
Rate per ton
( a ) Bagging and tying .............................. 17c
( b ) Suction plant feed on deck or lighter ... 17c
( c ) Bucket conveyor feeding:
(i) Grain other than wheat .............. 27c
(ii) Wheat ....................................... 16c
PORT WORKERS g S.L.171.02 25
PART IV
Shed or Stack to Transport
Port workers employed to handle, from shed or stack on open quay to transport,
the cargo specified in Column 1 of this Tariff shall be paid the fees shown in Column
2 or in Column 3 thereof according to the type of operation performed:
PART V
Accompanied Cars to/from Ferry Ship
1.  There shall be paid to port workers a fee of Lm1.25c per unit in respect of -
(i)  accompanied cars; or
(ii) caravans, luggage, trailers, boats, or empty horse boxes on tow of
accompanied cars; or
(iii) boats or inflatable rafts carried on accompanied cars;
not carried under a bill of lading:
Column 1 Column 2 Column 3
Nature of Cargo Carrying from 
shed or stack on 
open quay, 
loading and 
stacking on truck
Receiving at tail 
board of truck 
and stacking on 
trucks
Frozen meat
per ton ......................................................... 51c -
Cereals including bran, pollard, and canary seed
and salt, in bags
per ton ......................................................... 40c 21c
Oil cake in bags 
per ton ......................................................... 63c 21c
Sugar in bags
per ton ......................................................... 40c 22c
Timber
per ton ......................................................... 44c -
L.P. Gas Cylinders
per cylinder ................................................. 5c -
Seed potatoes
per bag ........................................................ 4c -
Bitumen and Asphalt in drums
per ton ......................................................... 29c -
Any substances in bags or in drums for use in the
oil industry ...............................................................
33c 22c
Note:
The fee shown in Column 2 in respect of the item "Oil cake in bags" shall be
levied irrespective of the average weight of, or the weight, of individual bags, and
includes all remuneration due for the handling of bags for weighing purposes.
26 g S.L.171.02 PORT WORKERS
Provided the accompanied cars and any of the items (ii) and (iii) specified
above are driven on or off a ship and do not require handling between decks.
2.  There shall be paid to port workers a fee of Lm5 per unit in respect of tourist
coaches:
Provided the tourist coaches are driven on or off a ship and do not require
handling between decks.
PART VI
Miscellaneous
1.  Any port worker employed as a winchman, extra driver, heavy plant driver
or extra signalman for any one operation, shall be paid a fee of Lm3 per hour, subject
to a minimum period of 4 hours.
2.  Port workers employed to perform the following port work in enclosed port
areas, with regard to the handling of unitised cargo, that is -
( a ) the packing and unpacking of containers;
( b ) the loading and unloading of trailers;
( c ) the dismantling of other unit loads on quay or in warehouse or stacking
ground;
( d ) the sorting of cargo so handled according to main bill of lading marks
and the stacking of such cargo on quay or in warehouse; and
( e ) the consolidation of unit loads for loading on board a ship;
shall be paid -
(1) when engaged in the morning, a fee of Lm3 per man per day or part
thereof, unless they request to be and are released from port work before
noon, in which case they shall be paid a fee of Lm1.50 for the half day
or part thereof ending at noon;
(2) when engaged to work between 1300 hours and 1700 hours, a fee of
Lm1.50 per man for the half day or part thereof.
PORT WORKERS g S.L.171.02 27
FOURTH SCHEDULE
(Regulation 27)
Methods of calculating the Tariff of Fees payable to Port Workers
TABLE
1.  For the purposes of this order "grain" includes any corn, rice,
paddy, pulse (i.e. peas, beans and other seeds of leguminous plants),
seeds, nuts or nut kernels, and any mixture or combination or offals
thereof.
Meaning of 
grain.
2.1  Where a fee shown in the Third Schedule is payable per ton,
it shall be calculated per ton weight of 1,000 kilos or ton
measurement of 40 cubic feet, whichever is the greater.
Methods of 
calculation of 
Tariffs.
2.2  The provisions of paragraph 2.1 above shall not apply in
respect of the cargo specified in Column 1 of the Table immediately
following in paragraph 3 below, in respect of which cargo the fees
shown in the Third Schedule shall be calculated as specified in
Column 2 of the said Table.
3.  The Table mentioned in paragraph 2.2 above is the
following:
Table.
Column 1 Column 2
3.1.1  Flour, grain, sugar, carozo nuts, briar wood,
onions, and coal and coke, in bags
on a weight basis
3.1.2 bulk cargo on a weight basis
3.1.3  frozen meat  on a weight basis
3.1.4  wine in casks on a weight basis
3.1.5  earthenware pipes, bends and fittings on a weight basis
3.1.6. loose scrap metals on a weight basis
3.1.7  scrap aluminium loose, packed or bundled on a weight basis
3.2 Groundnuts in bags ................................................ at three times the 
weight
3.3 Empty drums of a capacity of 40 gallons and over  per drum
3.4  Chairs in bundles or loose per chair
3.5  Willows, canes  et similia  in bundles ....................... per bundle
3.6 Unpacked mobile equipment consigned to or
shipped by the Malta Government ....................................... where measurement 
exceeds weight by 
more than five times, 
at five times the 
weight
3.7 Bagged cargo wet at time of handling at double rate
3.8  Corpses ................................................................. at double general 
cargo rate
3.9 Accompanied motor cars and tourist coaches .......... per car or tourist 
coach
28 g S.L.171.02 PORT WORKERS
3.10  Potatoes in bags, chests, boxes or similar packing .. at one and a half times 
the dead weight 
tonnage of 1,000 kilos 
per ton
3.11  Folding or collapsible containers loaded or
unloaded interlocked into one another ................................. on a weight basis.
Drums. 4.  The measurement tonnage of drums shall be calculated by
multiplying the square of the diameter of the base of the drum by the
height of the drum.
Scrap metal. 5.  Scrap metals in drums or bales, other than aluminium in
bales or bundles, shall be considered as general cargo for the
purposes of the Third Schedule.
Glass - loose 
broken. 6.1  The tariff for loading broken glass delivered loose on quayshall be double the normal tariff for other bulk cargo.
6.2  The tariff for loading glass delivered in open drums shall be
the normal tariff for other bulk cargo.
Difference in 
tonnage. 7.1  The fees payable for the handling of salt shall be calculatedon the weight shown on the bill of lading, but if the actual weight
landed exceeds the weight shown on the bill of lading, the fees shall
be calculated on the actual tonnage landed.
7.2  The fees in respect of wheat in bulk not landed at the
Government silo shall be payable on the tonnage shown on the bill of
lading; any difference between that tonnage and the tonnage actually
landed shall be paid by the employer, or if more than one by the
employers in proportion to their allocation, and if wheat is wholly or
partly unloaded by shoulder, such difference shall be payable at
shoulder rates.
Ammunition. 8.1  All ammunition shall, for the purposes of establishing the
fees payable in respect thereof, be treated as explosives unless the
employer -
8.1.1 informs the Authority, before the operation starts, that the
cargo in question is free from explosives; and
8.1.2  supports that declaration by documents.
Cargo short 
landed. 9.  Where any cargo is short-shipped or lost in transit and dulyvouched for in the ship’s documents, no payment shall be due to port
workers; other cargo short-landed shall be paid for as per ship’s bill
of lading, but shall not be charged for again by port workers if
eventually handled.
Applicability of 
this Schedule. 10. For the purposes of calculating the fees in respect of unitisedcargo specified in the Second Schedule, the provisions of this
Schedule of shall apply:
Provided that the tonnage of unitised cargo on which fees are
calculated shall be the actual tonnage of the cargo loaded or unloaded
or shifted excluding the equipment used to form unit loads or to tow,
push, carry, or otherwise move such cargo:
Provided further that in the case of trailers and containers,
fees shall be calculated according to the following fixed tonnage:
PORT WORKERS g S.L.171.02 29
Containers 20ft 23 tons
Containers 40ft 45 tons
Trailers 20ft 25 tons
Trailers 40ft 45 tons
Trailers Supercube 40/43ft 58 tons
Refrigerated Containers containing frozen meat, frozen fish and frozen
by-products of such commodities:
Containers/Trailers 20ft 18 tons
Containers/Trailers 40ft 26 tons
11.1  For the purposes of regulation 38( a ) and ( b ), employers of
port workers shall pay to the Authority:
Charges 
payable by 
employers of 
port workers.
11.1.1  the fees specified in the Second Schedule to these
Regulations; and
11.1.2  the levy specified in the Eighth Schedule to these
Regulations.
30 g S.L.171.02 PORT WORKERS
FIFTH SCHEDULE
(Regulation 28)
Method of payment to Port Workers
The payment of a cost of living increase or bonus or of any other increase in the
wages of port workers together with the relative fees due to them under the Third
Schedule shall be made in the following manner:
( a ) a cost of living increase or bonus or any other increase in the wages
shall be paid to port workers on the 15th day of each month;
( b ) the earnings due to port workers for the previous month shall be
distributed equally, after all requisite deductions have been made,
amongst port workers, on the 15th day and the last day of the month:
Provided that if such 15th day or such last day of the month happens to be a
Saturday, Sunday or national or public holiday, payment shall be made on the
preceding or subsequent day nearest to the 15th day or the last day of the month.
PORT WORKERS g S.L.171.02 31
Hours of Port, Leave, National and Public Holidays and Allowances
1.  The working hours of the port shall be 24 hours, seven days a week.
2.  Port work shall be organized as follows:
( a ) On a day basis:
From 0800 hours to 1700 hours including a one hour’s break between
1200 and 1300 hours; or
( b )  On a twenty-four hour shift basis:
Day shift from 0800 hours to 1600 hours
Evening shift from 1600 hours to 2400 hours
Night shift from 2400 hours to 0800 hours; or
( c ) On a fourteen hour shift basis:
Day shift from 0800 hours to 1500 hours
Evening shift from 1500 hours to 2200 hours.
Provided that shift work on a 24 hour basis could start either at 0800 hours,
or at 1600 hours or at 2400 hours.
Provided further that port work could be carried out also on the basis of any
two consecutive eight hour shift or on a single eight or seven hour shift.
3. To each port worker actually employed during night shift or on Sundays or
national or public holidays, there shall be paid in addition to the fees specified in the
Third Schedule, the following fees:
In respect of work performed:
( a ) On night shift from Monday to Saturday:  ......................... Lm5 per man
( b ) On Sundays and national or public holidays: ................... Lm10 per man
4.  It shall not be obligatory for port workers to work on the 31st March, on
Good Friday, on the 1st May, in the afternoon of the 24 th  December (Christmas Eve),
on Christmas Day, after 5.00 p.m. on the 31st December (New Year’s Eve) and on
New Year’s Day:
Provided that on the above days the Director may authorise any port work,
in circumstances which constitute an emergency in respect of any ship or cargo, or
for any port work which the Director may authorise after consultation with the
employers and the port workers’ representatives:
  Provided further that following a request by an employer to perform port
work on the 31st March, on Good Friday, the 1st May, after 5.00 p.m. on the 31st
December (New Year’s Eve) and on New Year’s Day, the Director shall offer such
work to port workers on a voluntary basis.
5. For the purposes of this Schedule, "national holiday" and "public holiday"
mean any day which is to be kept as a national or a public holiday in terms of, or by
virtue of any order made under, the National Holidays and other Public Holidays
Act.
6. (1) Port workers may be allowed leave of absence by the Authority for a
period not exceeding thirty days in any one year and by the Director for such further
SIXTH  SCHEDULE
(Regulation 29)
Amended by:
L.N. 318 of 2002.
32 g S.L.171.02 PORT WORKERS
period as he may consider justified.
(2) The Director may also allow port workers emigration leave not exceeding
thirty months in any five year period.
PORT WORKERS g S.L.171.02 33
Organisation, Ordering, Allocation and Suspension/Cancellation of Labour
1. All port workers appearing on the Port Workers Register shall form one
homogeneous section and shall, in conformity with the provisions of article 2 of the
Ordinance, perform port work consisting of or involving:
(a) operations on a ship and from ship’s hold/deck to ship’s rail or
vice-versa, in connection with all cargo, including cargo in bulk;
(b) operations under ship’s tackle including slinging and unslinging,
stowing and stacking on lighters, trailers or other equipment or on quay
at ship’s side; operations from lighters to quay, from lighters, or quay to
stack in warehouse or on quay or stacking ground or on truck or
vice-versa, including the identification and sorting of goods to bill of
lading shipping marks, the stacking or stowing to such marks as
directed by the employer and the provision of drivers for mechanical
handling equipment other than fork lift trucks and cranes;
(c) the handling of such cargo as is prescribed in regulation 21;
(d) shed work when they are employed for this work by the Director or his
contractor as the case may be, provided that they may be required to
work on a quay and/or in a warehouse with complete flexibility and
without being tied down to specific jobs;
(e) the handling of unitized cargo on a ship, on a quay and in a warehouse,
including the lashing, unlashing, slinging, unslinging, hooking and
unhooking, of cargo in unit loads from ship to quay or stacking ground
or warehouse and vice-versa, provided that port work on shore shall be
performed only when it constitutes a continuous operation while cargo
is in the custody of the Director or of his contractor, as the case may be;
(f) bagging and tying;
(g) the duties applicable to winchman, driver, heavy plant driver, and
signalman.
2. Orders for labour are to be made to the Authority in all cases.
3. The order in which port workers shall be supplied to ships shall, save as
otherwise provided, be the working priority of the ship, that is to say the order of the
ship’s arrival in port:
Provided that if a ship not yet in port has ordered night work gangs, that ship
shall be deemed to have arrived at noon and any other ship arriving in port and
wishing to work on that day shall be supplied with port workers according to her
time of arrival, so however that a ship arriving between 11.00 a.m. and noon shall be
deemed to have arrived at 12.01 p.m. for the purposes of establishing her working
priority.
4. Subject to the provisions of this paragraph, an order for port workers to start
work may be placed at any time of the day:
Provided that:
(1) For night shift, an order in writing shall be placed by noon of the
previous day;
(2) For Saturday or national or public holiday work, an order in writing
SEVENTH  SCHEDULE
(Regulation 30)
Amended by:
L.N. 141 of 1994;
L.N. 318 of 2002.
34 g S.L.171.02 PORT WORKERS
shall be placed by 1700 hours on the previous evening, while for
Sunday work it shall be placed by noon of the previous Saturday:
Provided further that:
(i) when work is required on a Saturday which follows a national or
public holiday, the order shall be placed by noon of the said
national or public holiday; and
(ii) when work is required on a national or public holiday which
follows a Sunday or another national or public holiday, the order
shall be placed by noon of the Sunday or of the said other national
or public holiday, as the case may be.
5. (1) When placing a request for labour, the owner, or master or agent of a
ship or any other employer of port workers, shall provide the Authority with the
following information:
( a ) the approximate time when port work is due to start;
( b ) the volume and nature of cargo which is to be handled;
( c ) whether he opts to work on a day basis or on a twenty-four or fourteen
hour shift basis; or whether he opts to work on the basis of two
consecutive eight hour shift or on a single eight or seven hour shift;
together with any other further information which the Authority may request.
(2) The information requested in sub-paragraph (1) must reach the Authority not
less than twenty-four hours prior to the arrival of ship in port:
Provided that in the case of voyages which would take less than fourteen
hours in order that the ship reaches Malta, this information shall reach the Authority
as early as possible but in no case later than four hours before the ship enters
harbour.
6. (1) In response to orders placed by the employers, the Authority shall
supply port workers subject to the provisions of this Schedule:
Provided that if there is danger that a ship may leave with incoming mail or
without loading outgoing mail, the Authority may make all reasonable arrangements
for the unloading or loading of such mail, and need not supply port workers
according to the roster.
(2) The number of port workers inclusive of drivers, winchmen and/or
signalmen, where applicable, to be allocated for an operation and the approximate
time necessary to complete the operation, shall be determined jointly by two
representatives of the Authority and a representative of the port workers. The
decision reached shall be final:
Provided that the employer of port workers may, while the operation is in
progress, request a revision of the decision:
Provided further that if a dispute arises, the matter shall be brought for the
consideration of the Port Disputes Board in accordance with the provisions of the
Ordinance, without the stopping of port work, unless in case of evident danger.
7. The Authority shall supply port workers in the order in which they appear on
the roster.
All port workers, engaged on a shift basis, shall be allocated to a particular
ship or operation at the same time and in the order in which they are registered on
the roster.
PORT WORKERS g S.L.171.02 35
Port workers who are requested to perform part of a shift shall be considered
as if they have worked a whole shift.
8. When port workers have been allocated to a ship or to an operation, no
increase or decrease in the number of port workers shall be allowed, save as
provided for in this Schedule.
9. When labour is supplied to a ship or to an operation:
( a ) port workers allocated to port work on a day basis shall be re-registered
on the roster in the order in which work at a particular hold of a ship is
completed;
( b ) port workers allocated to port work on a shift basis shall be re-
registered on the roster as soon as the ship completes work in the same
order in which port workers were allocated to the particular ship:
Provided that if more than one ship, hold or shift completes at the same
time, then the men concerned shall be re-registered in the same order as that in
which they were allocated to the work just completed:
Provided further that port workers, allocated to shift work, but who did not
attend to port work at any time, shall be re-registered on the roster before those port
workers who have actually worked on that particular shift.
10. (1) Port workers due for work shall remain available near the offices of the
Authority until they are allocated work or released.
(2) If a port worker fails to comply with the requirements of sub-paragraph (1)
or fails to report for work with no valid reason to justify his or her absence, the
Authority may make a proportionate deduction from the earnings of that particular
port worker and shall report the matter to the Port Workers Board for any action the
Board may deem proper to take.
(3) A master, agent or owner of a ship, or importer who informs the Authority
that he intends to place an order for port workers on that same day shall, if an order
is not placed, pay the sum of Lm2 per man per hour or part thereof in respect of such
port workers retained after 1100 hours to be allocated in accordance with that order.
11. When the master of a ship or his agent fails to place an order for labour in
the order of the working priority of the ship, that ship shall forthwith forfeit her
working priority until the following morning.
12. The cancellation of orders shall be governed by the following rules:
( a ) an order for night shift on a ship not yet in port may be cancelled up to
noon of the previous day.
( b ) an order for work on a Saturday, a Sunday or a national or public
holiday may be cancelled up to the time limit specified in paragraph
4(2) of this Schedule for the making of the relative order;
( c ) if an order for night shift or for Saturday, Sunday or national or public
holiday work is cancelled after the time limits set out in sub-paragraph
( a ) or ( b ), the owner, master or agent of the ship in question shall pay a
fee of Lm2 per man allocated to a ship or operation together with any
night shift, Sunday or national or public holiday allowances, where
applicable, which amounts shall be distributed equally amongst port
workers, and
( d ) for the purposes of this paragraph an order is cancelled when the
employer notifies the Authority of his definite intention not to employ
36 g S.L.171.02 PORT WORKERS
the port workers ordered.
13. (1) No port worker shall absent himself or herself from work without
justifying his or her absence to the satisfaction of the Authority.
(2) In the case of illness, port workers shall produce a medical certificate issued
by a medical officer appointed by the Port Workers Board.
(3) No medical certificates produced by a port worker in connection with
absence due to illness or with any other matter connected with port work shall be
accepted as being valid for the purposes of this order unless such certificate -
( a )  is issued by a medical officer appointed for such purposes by the Port
Workers Board;
( b ) clearly specifies the duration of time in respect of which it is made; and
( c ) is produced to the Authority on the same date on which it is signed or
early on the following day.
(4) If a port worker fails to comply with the requirements of sub-paragraphs (1)
and (2), the Authority shall report the matter to the Port Workers Board for any
action the Board may deem proper to take.
14.  The number of port workers allocated port work on Deep Water Quays shall
be deemed to include at least one driver for mechanical handling equipment other
than fork lift trucks and cranes.
15.  Leakages on board ship shall be gathered and packed or bagged by port
workers.
PORT WORKERS g S.L.171.02 37
Levy on Cargo
1. The owner, master or agent of a ship which loads or unloads cargo in a port
or any other person who employs port workers or on whose behalf port workers are
employed, shall pay to the Authority a levy of 32c5 per ton of cargo loaded or
unloaded.
2. For the purpose of calculating the levy specified in this Schedule the
provisions of the Fourth Schedule to these regulations shall apply.
3. The tonnage of unitised cargo on which fees are calculated shall be the
actual tonnage of the cargo loaded or unloaded excluding the equipment used to
form unit loads or to tow, push, carry or otherwise move such cargo.
4. The provisions of this Schedule shall not apply to:
(i) Locally manufactured goods, or locally produced agricultural
goods, loaded on a ship for export.
(ii) Transhipment cargo.
(iii) Cargo unloaded and eventually re-loaded on a ship in the process
of shifting cargo on, from, or to that ship.
(iv) Empty containers.
(v) Empty trailers.
(vi) Road transport vehicles and bowsers rolled on or off a RORO ship
to load or unload cargo.
EIGHTH  SCHEDULE
(Regulations 25 and 38)
Amended by:
L.N. 141 of 1994.
38 g S.L.171.02 PORT WORKERS
NINTH SCHEDULE
(Regulation 39)
Pensions and Gratuities
1.  The full pension rate shall be Lm580 per man per annum.
2.  Port workers who, during the five year period ending on the fourth day of
April, 1973, have reached the age of 63 years or more and who have not been
reporting for work, or who resigned but were not replaced by a son, or brother, shall,
in respect of the period of absence shown in Column 1 of the following table, receive
a pension at the rates shown in Column 2 thereof:
3. For the purpose of paragraph 2 of this Schedule, the period of absence shall
be calculated as follows:
( a ) "year" shall be taken to mean the period between the fourth day of April
of any one year and the third day of April of the next following year;
and
( b ) the period of absence in respect of a port worker shall be deemed to be
the period between his last attendance for port work and the fourth day
of April, 1973:
Provided that -
(i) where the period between the last and previous attendances is one
year or more, such period shall be calculated as being a period of
absence; and
(ii) where during the five year period ending on the fourth day of
April, 1973, periods of absences have not been continuous, the
period of absence between one attendance and another shall be
taken into account if such period of absence is one year or more.
4. When a port worker who is on certified sick leave receives full earnings as a
member of his regular gang, his absence on such certified sick leave shall not count
as being a period of absence.
5. Port workers who, before the fourth day of April, 1973, -
( a ) were 63 years of age or over;
( b ) have not registered for work or who, having resigned, were not replaced
by a son or brother; and
( c ) have been absent from work for a period of time in excess of five
continuous years from the fourth day of April 1973, 
shall be paid a once for all gratuity of Lm276, notwithstanding that their claim for a
gratuity had been approved before the ninth day of April, 1973.
6. (1) Port workers who, during the five year period ended on the fourth day of
Column 1 Column 2
Period of Absence  Pension Rate
( a )  Between 4 and 5 years  Lm116 per man per annum
( b ) Between 3 and 4 years  Lm232 per man per annum
( c ) Between 2 and 3 years Lm348 per man per annum
( d )  Between 1 and 2 years  Lm464 per man per annum
( e ) Less than 1 year Lm580 per man per annum.
PORT WORKERS g S.L.171.02 39
April, 1973, had reached the age of 61 years or more and who had resigned during
the five year period ended on such date and were replaced by a son, or brother, shall,
in respect of the periods of absence shown in Column 1 of the following table,
receive a pension at the rates shown in Column 2 thereof:
(2) Port workers who during the five year period ended on the fourth day of
April, 1973, had resigned when they were over forty-five but under sixty-one years
of age and who were replaced by a son or brother shall receive such part of the full
pension as the Minister responsible for ports may, on the advice of the Committee
appointed under regulation 32, from time to time, determine after taking into account
the period of absence of such port worker:
Provided that such port workers shall be required to prove to the satisfaction
of such Committee that they had resigned on medical grounds.
7. Notwithstanding the provisions of this Schedule, a port worker who, having
been registered in the Bulk Cargo Workers Section only, qualifies for a pension in
terms of these Regulations and who, during the twelve months immediately
preceding his retirement, earned his total income shown in Column 1 of the
following table shall be paid a pension at the rate as shown in Column 2 thereof:
Column 1 Column 2
Period of Absence  Pension Rate
( a )  Between 4 and 5 years  Lm116 per man per annum
( b ) Between 3 and 4 years  Lm232 per man per annum
( c ) Between 2 and 3 years Lm348 per man per annum
( d )  Between 1 and 2 years  Lm464 per man per annum
( e ) Less than 1 year Lm580 per man per annum.
Column 1 Column 2
Income Pension Rate
Between Lm200 and Lm400 ............................ Lm377
Earned less than Lm200 or no income at all ..... Lm259
40 g S.L.171.02 PORT WORKERS
