TOBACCO MANUFACTURE INDUSTRY 
WAGES COUNCIL WAGE REGULATION g S.L.452.68 1
SUBSIDIARY LEGISLATION 452.68
TOBACCO MANUFACTURE INDUSTRY WAGES 
COUNCIL WAGE REGULATION ORDER
17th July, 1991
LEGAL NOTICE 115 of 1991.
Title.
Wages Council Wage Regulation Order.
Field of operation 
of Wages Council.
2. The provisions set out in the Schedule hereto shall apply to
all employees in respect of whom the Tobacco Manufacture
Industry Wages Council operates.
SCHEDULE
Interpretation. 
Cap. 252.
"customary holidays" means the days (other than Sundays)
declared for the time being to be public holidays by or under the
National Holidays and other Public Holidays Act;
"hours of work" means the time on any day during which
employees are at the disposal of the employer, exclusive of the
intervals allowed for meals and rest;
"part-time employee" means an employee who is not a whole-
time employee;
"time-and-a-half" and "double-time" mean respectively one-and-
a-half times and twice the minimum time rate applicable to the
employee;
"wages" means remuneration or earnings payable in money by an
employer to an employee;
"whole-time employee" means an employee who works for more
than thirty hours in any one week.
Hours of work. 
watchmen shall not exceed forty hours in any one week:
Provided that by mutual agreement between the employer
and the authorised representatives of the employees, the total
number of hours worked in any one week can be extended or
decreased sohowever as neither to exceed a maximum of forty-two
and a half hours, nor a minimum of thirty-five hours:
Provided further that the total weekly average over a
calendar year does not exceed an average of forty hours per week.
(2) The hours of work of whole-time watchmen shall not
exceed fifty-four in any one week of six days.
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TOBACCO MANUFACTURE INDUSTRY 
WAGES COUNCIL WAGE REGULATION
Minimum 
remuneration of 
whole-time 
employees.
3. (1) The minimum weekly wage payable to whole-time
employees, both male and female, other than watchmen shall be the
following:
At age 18 years or over .......................Lm34.13,0
At age 17 years ................................. Lm31.22,0
At age 16 years ................................. Lm29.99,0
(2)  The minimum wage for watchmen shall be:
Lm34.13 - for watchmen whose duty is mainly
performed indoors
Lm35.13 - for watchmen whose duty is mainly
performed out of doors.
Minimum 
remuneration to 
part-time 
employees.
4.  The minimum remuneration payable to part-time
employees of the categories specified in paragraph 3 hereof shall
not be less than the proportionate rate of the minimum
remuneration payable to a whole-time employee of the same
category, calculated on the basis of a fifty-four hour week in the
case of watchmen and a forty hour week in the case of other
employees.
Piece work rates. 5. The minimum earnings by an employee engaged on piece-
work, per week or any part thereof, shall not be less than the
minimum earned if the employee was employed on a day rate basis.
Minimum daily 
rest.
6. All whole-time employees, other than watchmen, shall be
allowed intervals for meals and rest of not less, in the aggregate,
than one hour every day:
Provided that, where the last half-hour of the period of
employment is allowed as a part of the hour of rest, the employee
shall be entitled to leave the place of work as soon as that half-hour
starts.
Minimum weekly 
rest.
7. All whole-time employees shall be allowed one whole day
off in every calendar week.
Overtime. 8. (1) Whole-time employees, other than watchmen, shall be
paid at time-and-a-half rates for overtime work performed on
weekdays, and at double-time for work performed on Sundays and
public holidays.
(2) Watchmen shall be paid at time-and-a-half rates for time
worked in excess of fifty-four hours in a six-day week, and at
double time rates for all time worked on a Sunday or a public
holiday.
Vacation leave. 9. (1) In addition to the minimum weekly rest to which
whole-time employees may be entitled under paragraph 7, whole-
time employees shall be entitled to the national holidays and to all
public holidays with full pay, and to the following vacation leave
not being less than:
( a ) four working weeks and one working day during the
calendar years 1988 and 1989;
( b ) four working weeks and two working days during the
calendar year 1990;
TOBACCO MANUFACTURE INDUSTRY 
WAGES COUNCIL WAGE REGULATION g S.L.452.68 3
( c ) four working weeks and three working days during the
calendar year 1991;
( d ) four working weeks and four working days during the
calendar year 1992 and during any calendar year
thereafter:
Provided that when a whole-time employee is in
employment for less than twelve months during any calendar year,
he shall be entitled to such part of the said vacation leave as is in
proportion to the number of months in employment.
(2) For the purpose of this paragraph "vacation leave" means
leave with pay which may be availed of on days agreed upon
between the employer and the employee, provided that one day
vacation leave during 1988 and 1989, two days vacation leave
during 1990, three days vacation leave during 1991 and four days
vacation leave during 1992 and during any calendar year thereafter
shall not form part of any shutdown and shall be granted by the
employer as optional leave in addition to any optional leave the
employee may have been entitled to on the 9th November, 1988.
Sick leave.
(i) six days full pay and six days on half pay sick leave
after six months in employment;
Cap. 318.
(ii) twelve days on full pay and twelve days on half pay
sick leave after twelve months employment, in any
calendar year, less any sickness benefit to which they
may be entitled under the Social Security Act,
provided a medical certificate certifying incapacity for
work covering the period of absence is produced to the
employer, who shall be entitled, if he so wishes, to
send his medical officer to examine the employee, and
(iii) one year injury leave on full pay, less the full amount
of any injury benefit to which the employee may be
entitled in terms of the Social Security Act, if he is
injured during the actual discharge of his duty and
such injury is not due to contributory negligence on his
part or in contravention by him of safety rules laid
down by the management.
Special leave. 
paid leave on the occasion of the death of any of the following
relatives: the wife or husband of the employee, the father or mother
(or the person who at the time was acting as the father or mother),
the son or daughter, and the brother or sister.
(2) Whole-time employees shall be entitled to one day paid
leave on the occasion of the birth of any child to the wife of the
employee.
(3) Bereavement leave or birth leave shall not be claimed,
partly or wholly if the occurrence takes place when the employee is
on vacation leave, or on a Sunday or a customary holiday.
(4) Whole-time employees shall be allowed three days paid
leave on the occasion of their marriage.
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WAGES COUNCIL WAGE REGULATION
(5) Whole-time employees called for jury service shall be
allowed all necessary time off on full pay to attend to such service
in Court.
Waiting time.  12. An employee is entitled to the wages applicable to him for
all time during which he is present on the premises of his employer,
or elsewhere unless he is present thereon in any of the following
circumstances:
( a )  without the employer’s consent, expressed or implied; 
( b ) for some purpose unconnected with his work, other
than that of waiting for work to be given to him to
perform;
( c ) by reason only of the fact that he is resident thereon;
and 
( d ) during normal meal times and he is not waiting for
work to be given to him to perform.
Retiring age.  13. In cases where the retiring age of a male employee is
expected at the age of sixty years, such employee shall be given the
opportunity by his employer to retain his employment beyond this
age at least until the age of sixty-one years, provided that the
employee in question shall still be allowed, if he so wishes, to retire
at the age of sixty years.
EXPLANATORY NOTE
(This note is not part of the Schedule but is intended to indicate
its applicability).
The provisions of the above Schedule apply to all employees in
any undertaking or in any part of an undertaking, the activities of
which consist wholly or mainly in the manufacture of cigars,
cigarettes, cheroots or pipe or other tobacco and any form of
processing of tobacco, whether by hand or by machine.
