       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      1
CHAPTER 135
CONDITIONS OF EMPLOYMENT (REGULATION) ACT *
To make provision for the regulation of conditions of employment and contracts of service.
(22nd March, 1952)
Enacted by ACT XI of 1952, as amended by Act XIV of 1955; Emergency Ordinance VI of
1958; Ordinances: XVII of 1961, XXV of 1962; Legal Notice 4 of 1963; Act XLIV of 1965;
Legal Notice 46 of 1965; and Acts: II and XXI of 1969, XI, XLI and XLIV of 1973, XLVI of
1974, XLIII of 1975, XII and XXX of 1976, I and XXXIII of 1977, XXVII of 1978, XI of 1981,
III, IX and XVI of 1982, XIII of 1983, VII of 1986 and XXIV of 1995.
ARRANGEMENT OF ACT
*This Act has been repealed by Act XXII of 2002, but the provisions of article 18(1), (2), (3) and (4) hereof,
which relate to entitlement to maternity leave, are still in force in relation tyo entitlement of maternity leave
of pregnant employees whose expected date of confinement is before the 5th April, 2004, and the said
maternity leave is consequently to be regulated by the said article 18(1), (2), (3) and (4) of this Act. 
Sections
Part I.  General  1 - 2 
Part II.  Labour Board and National Standard Orders  3 - 4 
Part III.  Wages Councils and Wage Regulation Orders  5 - 8
Part IV.  Joint Industrial Councils  9 
Part V.  Control  10 - 15 
Part VI.  General Application  16 - 18 
Part VII. Protection of Wages  19 - 29 
Part VIII.  Termination of Contracts of Service  30 - 38 
Part IX. Enforcement and Non-Compliance  39 - 43 
Part X.  Administration  44
  2        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
PART I 
GENERAL
Short title. 1. This Act may be cited as the Conditions of Employment
(Regulation) Act.
Interpretation. 
Amended by: 
XLIV.1965.3; 
XXI.1969.2; 
XLIII. 1975.2; 
XII.1976.2; 
XI. 1981.2; 
XVI. 1982.2.
2. (1) In this Act, unless the context otherwise requires -
"conditions of employment" means wages, the period of
employment, the hours of work and leave;
"confinement" means the birth of a living child or the birth of a
child whether living or dead after seven months of pregnancy;
 "contract of service" means an agreement, whether oral or in
writing, in any form, whereby a person binds himself to render
service to or to do work for an employer whether the contract be for
manual labour, clerical work or otherwise, in return for wages, but
does not include an agreement of apprenticeship;
"Director" means the Director of Labour and Emigration;
"employee" means any person who has entered into or works
under a contract of service or who has undertaken personally to
execute any work or labour for another, and includes an outworker;
"employer" includes a partnership, company, association or other
body of persons, whether vested with legal personality or not;
 "family" means the husband, wife and unmarried children;
"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;
"industrial agreement" means an agreement entered into between
an employer or organisations of employers and employees or
organisations of employees regarding conditions of employment in
accordance with the provisions of any law in force in Malta;
"maternity leave" means absence from work because of
pregnancy and confinement for an uninterrupted period of not more
than thirteen weeks, five of which follow the date of confinement;
"Minister" means the Minister from time to time in charge of the
department of labour and emigration;
"national standard order" means an order made under this Act
regulating the conditions of employment of employees in general; 
"outworker" means a person to whom articles or materials are
given out by another person to be made up, cleaned, washed,
altered, ornamented, finished, repaired or adapted for the purpose
of the trade or business of that other person where the process is to
be carried out either in the home of the outworker or in some other
premises not being premises under the control and management of
that other person;
"period of employment" means the time in any day during which
employees are at the disposal of the employer, but inclusive of the
intervals allowed for meals and rest;
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      3
"wages" means remuneration or earnings, payable in money by
an employer to an employee and includes any bonus payable under
section 29 of this Act;
"wages council" means a wages council established under this
Act. 
(2) The masculine gender includes the feminine and the
singular includes the plural, unless the context otherwise requires.
PART II
LABOUR BOARD AND NATIONAL STANDARD ORDERS
Labour Board. 
Amended by: 
VI.1958.2; 
XXV.1962.2; 
XLIV.1965.3.
3. (1) A Board to be designated Labour Board and hereinafter
referred to as the "Board", shall be appointed by the Minister.
(2) The Board shall be composed as follows: 
( a ) the Director as chairman;
( b ) not more than four representatives of employees
nominated by trade unions or bodies of trade unions
invited from time to time by the Minister to nominate
representatives;
( c ) not more than four representatives of employers
nominated by bodies or organisations of employers
invited from time to time by the Minister to nominate
representatives;
( d ) not more than four independent persons.
(3) The number of persons appointed under paragraphs ( b ), ( c )
and ( d ) of the preceding subsection shall be equal.
(4) The functions of the Board shall be - 
( a ) to make recommendations to the Minister as to any
national minimum standard conditions of employment,
hereinafter referred to as a national standard
recommendation, for eventual inclusion in a national
standard order;
( b ) to advise the Minister on any matter relating to
conditions of employment, or on any matter referred to
the Board by the Minister.
(5) The Minister shall appoint an officer of the department of
labour and emigration to be secretary to the Board.
(6) Subject to the provisions of this Act and to any regulations
made thereunder the Board shall regulate its own procedure.
National standard 
orders. 
Amended by: 
VI. 1958.2; 
XXV. 1962.2.
4. (1) Where the Minister receives any national standard
recommendation he may, subject as hereinafter provided, make a
national standard order to be published in the Government Gazette,
giving effect to the national standard recommendation as from such
date as may be specified in the order:
  4        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
  Provided that the Minister may, if he thinks fit, before making
an order as aforesaid, refer the national standard recommendation
received by him back to the Board and the Board shall thereupon
reconsider it having regard to any observations made by the
Minister and may, if it thinks fit, re-submit the national standard
recommendation to the Minister either without amendment or with
such amendments as it thinks fit having regard to those
observations.
  The date to be specified in a national standard order shall be a
date subsequent to the date of the order.
* (2) Any national standard recommendation and any national
standard order for giving effect thereto may make different
provision for different cases, may contain provision for the
amendment or revocation of previous national standard orders, and
may contain any incidental, supplemental or consequential
provisions which may appear necessary for carrying out the
provisions of any national standard order.
(3) No national standard order shall have effect so as to
prejudice any rights as to conditions of employment conferred on
any employee by or under any law other than this Act or by or
under any existing contract.
(4) If a contract between an employee to whom a national
standard order applies and his employer provides for conditions of
employment less favourable to the employee than those specified in
the order, it shall have effect as if for those conditions there were
substituted the conditions specified in the order.
PART III
WAGES COUNCILS AND WAGE REGULATION ORDERS
Power of Minister 
to establish wages 
councils. 
Amended by: 
VI. 1958.2; 
XXV. 1962.2.
5. (1) Subject to the provisions of this Act, the Minister may
by order establish a wages council to perform, in relation to the
employees described in the order and their employers, the functions
specified in the subsequent provisions of this Act.
(2) An order establishing a wages council (hereinafter referred
to as a "wages council order") may be made by the Minister if he is
of opinion that no adequate machinery exists for the effective
regulation of the conditions of employment of the employees to
whom it is proposed that the order shall apply and that, having
regard to the conditions of employment existing amongst those
employees or any of them, it is expedient that such a council should
be established.
(3) Independently of the provisions of subsection (2) of this
section, a wages council order may also be made by the Minister on
the advice to this effect given to him by the Board.
*The reference to orders made under the Hours of Employment and Shops (Hours of
Closing) Ordinance has been omitted since these orders were revoked by the Shops
and Hawkers (Business Hours) Act (Chapter 155 of this Revised Edition).
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      5
(4) Before making a wages council order the Minister shall
publish in the Government Gazette a notice of his intention to make
the order and shall include in the notice a draft of the order and the
time, being not less than twenty-one days from the date of
publication, within which any objection with respect to the draft
order must be sent to him.
(5) Every objection so made must be in writing and must state-
( a ) the specific grounds of objection, and
( b ) the omissions, additions or modifications asked for, 
and the Minister shall consider any such objection made by or on
behalf of any person appearing to him to be affected, being an
objection sent to him within the time specified in the notice, but
shall not be bound to consider any other objections.
(6) If there are no objections which the Minister is required by
the last preceding subsection to consider or after considering all
objections duly made as aforesaid the Minister may - 
( a ) make the order either in terms of the original draft or
with such modifications as he thinks fit, being
modifications which, in his opinion, do not effect
important alterations in the substance of the draft order
as published; or
( b ) make an amended draft order in which case the
provisions of subsections (4) and (5) of this section
and of paragraph ( a ) of this subsection shall have
effect in relation to the amended draft order as they
have effect in relation to the original draft order.
(7) Where the Minister makes a wages council order he shall
publish it in the Government Gazette and the order shall come into
operation on the date on which it is so published or on such later
date as may be specified therein.
(8) The Minister may at any time by a subsequent order
abolish, or vary the field of operation of, a previous wages council,
and the foregoing provisions of this section shall apply in relation
to any such subsequent order. The Minister shall make such further
provision as appears to him expedient in connection with the
transition caused by a wages council order abolishing, or varying
the field of operation of, a wages council.
Composition and 
powers of wages 
councils. 
Amended by: 
VI. 1958.2; 
XXV.1962.2; 
XLIV.1965.3; 
XXI. 1969.3.
6. (1) A wages council shall consist of persons appointed by
the Minister, being - 
( a ) not more than three persons chosen by the Minister as
being independent persons;
( b ) such number not being more than three as the Minister
may think fit of persons who, in his opinion, represent
the class of employers in relation to whom the council
is to operate;
( c ) such number not being more than three as the Minister
may think fit of persons who, in his opinion, represent
the class of employees in relation to whom the council
  6        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
is to operate.
(2) Of the persons appointed under paragraph ( a ) of subsection
(1) of this section, one shall be appointed by the Minister to act as
chairman and another as deputy chairman.
(3) Before appointing a person under paragraph ( b ) or
paragraph ( c ) of the said subsection (1), the Minister shall consult
any organisations appearing to him to represent employers, or, as
the case may be, employees, concerned, and the persons appointed
under those paragraphs shall be equal in number.
(4) The Minister may appoint an officer of the department of
labour and emigration to act as secretary of a wages council.
(5) The term for which a member of a wages council is to hold
office and the conditions subject to which he is to hold office shall
be such as may be determined by the Minister at the time of his
appointment.
(6) Subject to the provisions of this Act and to any regulations
made thereunder a wages council may regulate its own procedure.
(7) The chairman of a wages council may require any person
(including a member of the council) giving evidence before the
council, to give his evidence on oath and for such purpose shall
have the power to administer the oath accordingly.
(8) There may be paid to members of a wages council
appointed under paragraph ( a ) of subsection (1) of this section such
remuneration, and to any member of any such council such
travelling and other allowances, as the Minister may determine, and
all such remunerations and such allowances shall be defrayed as
part of the expenses of the Minister in carrying this Act into effect.
(9) In all cases, the proceedings of a wages council shall be
conducted  in camera.
Functions of a 
wages council. 
Amended by: 
VI.1958.2; 
XXV. 1962.2; 
XXXIIII. 1977.2; 
XIII. 1983.5; 
VIII. 1990.3.
7. (1) A wages council shall have power -
( a ) to tender advice to the Minister on any matter which
the Minister may refer to it for the purpose; and
( b ) to submit to the Minister proposals concerning the
regulation of the conditions of employment of the
employees included in its field of operation.
(2) Before submitting any such proposals to the Minister, a
wages council shall make such investigations as appear to it to be
necessary and shall publish, in the Government Gazette over the
signature of the chairman and the secretary (if any), a notice of the
proposals, stating the period, which shall not be less than twenty-
one days from date of notice, within which written representations
with respect to the proposals may be made to the council; and the
council shall consider any representations made within that period
and shall make any further inquiries as it may consider necessary
and may then submit the proposals to the Minister either without
amendment or with such amendments as it thinks fit having regard
to the representations:
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      7
  Provided that this subsection shall not apply to any proposal
which consists in an amendment of a wage regulation order and
which is intended to bring any one or more of the conditions of
employment regulated by that order into line with similar
conditions of employment applicable, or intended to apply, to other
employees, or to change any one or more of those conditions in a
manner similar to a change made, or intended to be made, with
respect to other employees.
(3) A wages council shall have power to require the attendance
of witnesses and the production of documents. All persons
summoned to attend and give evidence or produce documents at
any sitting of the council shall be bound to obey the summons
served upon them, and any person refusing or failing without
sufficient cause to attend at the time and place mentioned in the
summons, or refusing without sufficient cause to answer or to
answer fully and satisfactorily, to the best of his knowledge and
belief, all questions put to him by or with the concurrence of the
council or to produce any documents, shall be liable to a fine not
exceeding ten liri which shall be imposed by the council and be
recoverable by the Director as a civil debt due to the Government:
  Provided always that no person giving evidence before the
council shall be compellable to incriminate himself, and every such
person shall, in respect of any evidence given by him before the
council, be entitled to all the privileges to which a witness giving
evidence before the Court of Magistrates in criminal matters is
entitled in respect of evidence given by him before such court.
(4) Summonses shall be signed by the chairman or by the
secretary, if any, of the wages council and shall be in such form and
shall be served in such manner as shall be prescribed.
Wage regulation 
orders. 
Amended by: 
VI.1958.2; 
XXV.1962.2; 
XXX. 1976.36.
8 . (1) Where the Minister receives any proposals, he shall
make an order (hereinafter in this Act referred to as a "wage
regulation order") to be published in the Government Gazette
giving effect to the proposals as from such date as may be specified
in the order:
  Provided that the Minister may, if he thinks fit, of his own
motion or after consulting the Board, refer the proposals back to the
council and the council shall thereupon reconsider them having
regard to any observations made by the Minister and may, if it
thinks fit, re-submit the proposals to the Minister either without
amendment or with such amendments as it thinks fit having regard
to those observations; and, where proposals are so re-submitted, the
like proceedings shall be had thereon as in the case of the original
proposals.
  The date to be specified shall be a date subsequent to the date of
the order.
  8        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
Cap. 266.
* (2) Any wage regulation order for giving effect to any
proposals may make different provision for different cases, and
may also contain provision for the amendment or revocation of
previous wage regulation orders in so far as such orders apply to
the field of operation of the wages council or for the variation of
the terms of a voluntary settlement or award made under the
Industrial Relations Act, in relation to the employees covered by
the wages council.
(3) Any wage regulation order for giving effect to any
proposals may contain any incidental, supplemental or
consequential provisions which may appear necessary for carrying
out the provisions of the order, but may not contain any provisions
less favourable than any conditions of employment regulated by a
national standard order.
(4) No wage regulation order shall have effect so as to
prejudice any rights as to the conditions of employment conferred
on any employee by or under any law other than this Act or under
any existing contract.
(5) If a contract between an employee to whom a wage
regulation order applies and his employer provides for conditions
of employment less favourable to the employee than those specified
in the order, it shall have effect as if for those conditions there were
substituted the conditions specified in the order.
PART IV
JOINT INDUSTRIAL COUNCILS
Where adequate 
machinery for the 
regulation of 
conditions of 
employment exists. 
Amended by: 
VI.1958.2; 
XXV.1962.2; 
XXX. 1976.26,36.
9. (1) Where in respect of any group or class of employees
adequate machinery exists for the regulation of their conditions of
employment, an application may be made jointly by the employer
or employers or organisations representing the employers of those
employees and by a trade union or trade unions representing those
employees for the recognition by the Minister of that machinery as
a joint industrial council.
(2) On receipt of any such application the Minister shall
ascertain the constitution, functions, procedure and composition of
that machinery, and if satisfied - 
(i) that the machinery is adequate, and
(ii) that it covers a substantial number of employees, 
he may, in his discretion, register that machinery as a joint
industrial council.
(3) Upon such registration of the said machinery as a joint
industrial council and so long as such registration continues the
group or class of employees to whom it relates shall be excluded
*The reference to orders made under the Hours of Employment and Shops (Hours of
Closing) Ordinance has been omitted since these orders were revoked by the Shops
and Hawkers (Business Hours) Act  (Chapter 155 of this Revised Edition).
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      9
from the field of operation of any wages council thereafter set up
and moreover the Minister shall take such action as may be
necessary to abolish or modify any wages council order in force
affecting that group or class of employees.
Cap. 266.
(4) A registered joint industrial council shall, without prejudice
to other functions under its constitution, have the power to
determine the conditions of employment of the employees under its
jurisdiction subject to the provisions of this Act and of any other
law in force from time to time and may vary any voluntary
settlement or award made under the Industrial Relations Act, in
relation to such employees.
(5) Every registered joint industrial council shall supply the
Director with an agreed true copy of all records of its proceedings
and shall furnish such explanations and information as the Director
may require.
(6) A joint industrial council shall continue to be registered
under such conditions as the Minister may impose up to such time
as it continues to be, in the opinion of the Minister, adequate for the
purpose of regulating the conditions of employment of the
employees to whom it relates.
(7) If a difference arises between employers and employees or
their representatives on a joint industrial council, and the council is
unable to reach agreement, it shall be lawful for the Minister on the
application of both parties to the difference or on the application of
one party to refer, in his discretion, the difference for award to the
Industrial Tribunal.
PART V 
CONTROL
Recognised 
conditions of 
employment. 
Amended by: 
XXI.1969.4; 
XLI.1973.2; 
XXX.1976.36; 
I. 1977.2. 
Cap.266.
10. (1) The conditions of employment prescribed in a national
standard order, or a wage regulation order, or an industrial
agreement or determined by a joint industrial council under this Act
or determined by voluntary settlement or award under the
Conciliation and Arbitration Act, 1948 * , or under the Industrial
Relations Act, or required to be observed by section 16 of this Act
or otherwise by or under this Act, shall be the recognised
conditions of employment for the employees concerned.
(2) Where the conditions of employment are prescribed in an
industrial agreement, the employer or employers being a party
thereto shall, within fifteen days of the signing of such agreement,
send to the Director a copy thereof duly authenticated.
Members of 
family.
11. The recognised conditions of employment shall not be
applicable to members of the employer’s family.
*This Act was repealed by the Industrial Relations Act (Chapter 266 of this Revised
Edition).
  10        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
Overtime. 12. No employer may employ his employees on overtime
(namely beyond the recognised daily maximum number of hours of
work or beyond the maximum daily period of employment) without
the approval of the Director who may impose such conditions as he
may deem fit.
Aged, disabled and 
infirm workers. 
Amended by: 
II. 1969.33.
13. (1) Notwithstanding the provisions of this Act, the
Director may grant a licence to any aged, disabled or infirm person
to work at a wage less than that laid down in the recognised
conditions of employment applicable to his class.
(2) The Director shall not grant such licence until he is
satisfied that the person concerned is, by reason of age,
disablement or infirmity, unable to obtain employment at the wage
fixed by the recognised conditions of employment.
(3) Such licence - 
(i) shall specify the wage at which such person is
licensed to work;
(ii) shall specify the name of the employer for whom
the person is licensed to work at such wage;
(iii) shall be in force for the period mentioned
therein, but may be renewed;
(iv) may be revoked at any time at the discretion of
the Director.
(4) The Director shall, in his discretion, fix the number of
licensed aged, disabled or infirm persons to be employed by any
employer, so however that each employer shall be entitled to
employ at least one such person.
(5) No further licence shall be granted by the Director under
this section after the 3lst December, 1968.
Records of 
employees. 
Amended by: 
VI.1958.2; 
XXV. 1962.2; 
XXI. 1969.5.
14. (1) Every employer who employs an employee (other than
a private domestic worker, a port worker, an outworker, a casual
worker, a worker whose wages consist of a share in the profits or of
a commission on sales or payments made or received by the
employer or other worker exempted from the provisions of this
section by order which the Minister may make and publish in the
Government Gazette) shall keep a register or registers showing, in
respect of each such employee:
( a ) the name, address, sex and date of birth;
( b ) the nature of the work in which he is engaged;
( c ) the time, paid for at ordinary time rates, during which
he is employed;
( d ) the time, paid for at overtime rates, during which he is
employed;
( e ) the time, paid for at other special rates, during which
he is employed;
( f ) the periods of daily and weekly rest accorded to him;
and 
( g ) the total wages paid to him each week.
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      11
(2) In the case of employees (other than casual workers) who
are outworkers, or whose wages consist of a share in the profits or
of a commission on sales or payments made or received by the
employer, employers shall keep a register or registers showing:
( a ) the name, address, sex and date of birth;
( b ) the nature of the work;
( c ) the rate of wages;
( d ) the total amount of wages paid to him;
( e ) the place or places where the employee ordinarily
works if such place is not under the control and
management of the employer; and
( f ) the hours of work and daily and weekly rest awarded
to the employees in so far as the employer is by law
required to observe any such conditions of
employment.
(3) The Minister may by notice in the Government Gazette
prescribe the form to be used for the purpose of the said register or
registers and may also in like manner prescribe other additional
information to be recorded therein.
(4) The Director shall have power to require any employer to
produce a declaration in writing showing any or all of the following
information concerning his employees:
( a ) the name and address of every employee; 
( b ) his occupation;
( c ) his date of birth; 
( d ) the wages paid;
( e ) the hours of work;
( f ) the date of engagement; and
( g ) any other information which the Director may request
in connection with the conditions of employment of
the employees.
Conditions of 
employment to be 
brought to notice.
15. (1) A copy of every wage regulation order applicable to
his employees drawn up in English and Maltese shall be exhibited
by the employer in a conspicuous position in the place of
employment (being a factory, workshop, office, club, hotel, place
of public entertainment, shop or garage).
(2) On engagement of any employee, the employer shall
explain to him the provisions of any recognised conditions of
employment applicable in his case.
  12        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
PART VI
 GENERAL APPLICATION
Cost of living 
increases.
Added by: 
I.1977.3. 
Amended by: 
XXXIII. 1977.3.
16. (1) Where a general increase in wages is granted by the
Government to all its whole-time employees and such increase is
declared by the Minister by notice in the Government Gazette to be
of general application to all whole-time employees, every employer
shall increase the wages of every whole-time employee in his
employment by an amount equivalent or corresponding to the
increase granted by the Government to its employees with effect
from the date on which the increase granted by the Government in
respect of its employees takes effect:
  Provided that, in the case of an employee in respect of whom
the domestic service wages council operates, the amount that is
deductible from the remuneration of such employee as
compensation for meals in accordance with a wage regulation order
shall also be increased by the same proportion as the increase in
wages due under this section bears to the relative wage.
(2) For the purpose of subsection (1) of this section "whole-
time employees" shall have the same meaning as is assigned to it in
subsection (2) of section 29 of this Act.
Wages linked to 
age. 
Added by: 
I.1977.3.
17. With effect from the 1st April, 1977, where in accordance
with any condition of employment, whether it be a recognised
condition of employment as is referred to in subsection (1) of
section 10 of this Act or otherwise, a certain wage is payable at or
after the attainment of the age of nineteen years, any reference to
such an age in any such condition of employment shall be
substituted by a reference to the age of eighteen years and shall
have effect accordingly.
Maternity leave.  
Added by: 
XI. 1981.3.
18. (1) Where, on or after the 13th April, 1981, a confinement
of a whole-time employee is due to occur during her employment,
such employee shall be entitled to maternity leave with payment of
full wages if, at least three weeks before such leave begins, or, if
that is not reasonably practicable as soon as practicable, she gives
notice in writing to her employer that she will be absent from work
because of such confinement, and, together with such notice she
produces a signed medical certificate in which is indicated the
expected date of confinement:
  Provided that if notice is not given within the time referred to in
this subsection, the employee shall be entitled only to that part of
maternity leave which includes the date in which the confinement
occurs and the period of five weeks which follow such date.
(2) The maternity leave to which this section refers shall not be
availed of before the employee has entered the eighth month of
pregnancy.
(3) A period of five weeks of the maternity leave shall in all
cases be availed of after the date of confinement.
(4) Where confinement does not occur within eight weeks from
the day on which the maternity leave commences, the employee
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      13
entitled to such maternity leave shall not be liable to resume work
before the lapse of five weeks after the date of confinement but the
employee shall in that case be entitled to wages in respect of a
period not exceeding thirteen weeks.
(5) For the purposes of this section, and of section 34 of this
Act, "whole-time employee" means any employee who is deemed
to be a whole-time employee in accordance with any recognised
condition of employment as defined in section 10 of this Act and
includes any other employee who is in employment with any
particular employer for not less than thirty-five hours in any one
week.
PART VII 
PROTECTION OF WAGES
Wages to be paid 
entirely in legal 
tender to the 
employee. 
Amended by: 
XXI. 1969.6.
19. (1) Except where otherwise expressly permitted by the
provisions of this Act, the entire amount of the wages earned by, or
payable to, any employee shall be paid to him in money being legal
tender in Malta, and every payment of, or on account of, any such
wages made in any other form and any covenant in any contract
providing for other form of payment shall be null and void:
  Provided that payment of wages by cheque on a bank in Malta
or by postal order shall be deemed to be payment in legal tender in
cases in which payment in this manner is customary or necessary or
is consented to by the employee concerned.
(2) Wages shall be paid directly to the employees to whom they
are due except as may otherwise be provided by any law or in
virtue of an order made by a competent court or where the
employee or employees concerned agree to the contrary.
(3) Payment of wages shall be effected on working days only
and, except for employees employed therein, shall not be made in
any premises used for the sale of intoxicating liquor or for the retail
sale of goods or for public entertainment.
Terms as to 
spending of wages. 
Added by: 
XXI. 1969.7.
20. No employer shall impose in any contract of service any
terms as to the place in which, or the manner in which, or the
person or persons with whom, any wages paid to the employee, or
any part thereof, are to be spent or otherwise employed, and any
such term contained in any such contract shall be null and void.
Attachment or 
assignment of 
wages. 
Added by: 
XXI. 1969.7. 
Amended by: 
XIII.1983.5.
Substituted by:
XXIV . 1995.360.
Cap.12.
21. (1) Wages payable by an employer to an employee may
not be assigned.
(2) Wages payable by an employer to an employee may not be
attached save according to the provisions of sections 381, 382 and
849 of the Code of Organization and Civil Procedure.
(3) The provisions of subsections (1) and (2) of this section
shall not apply where the assignment or attachment is intended to
ensure the payment of maintenance due to the wife, or to a minor
child or to an incapacitated child or to an ascendant of the
  14        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
employee.
Interest on 
advances 
prohibited.
22. No employer shall make any deduction from wages by way
of discount, interest or any charge of a similar nature in view of any
advance of wages made to any employee in anticipation of the
covenanted date of payment thereof.
Deduction from 
wages. 
Amended by: 
XI. 1981.4.
23. (1) Except where expressly permitted by the provisions of
this Act or required by any other law, or where ordered by or in
virtue of an order of a competent court, or permitted in an
agreement entered into between an employer or employers or an
organisation of employers on the one hand and a trade union or
trade unions representative of the employees concerned on the
other, an employer shall not make any deductions nor enter into any
contract with an employee authorising any deductions to be made
from the wages to be paid by the employer to the employee.
(2) Unless expressly provided by or under this Act or any other
Act, an employer shall not compute as part of the wages of an
employee any other benefit or income, even though granted or paid
by the employer, which is payable on account of any cause other
than the contract of service.
(3) Notwithstanding the provisions of this section, at the
request in writing of an employee, the employer may make
deductions from the wages of such employee for the purpose of a
superannuation or thrift scheme or for any purpose in the carrying
out of which the employer has no beneficial financial interest,
direct or indirect.
(4) Deductions in the form of direct or indirect payments for
the purpose of obtaining or retaining employment shall not be made
from the wages of an employee by an employer, or by any
intermediary or labour contractor or recruiter.
Subordinate 
contracts of 
service. 
Added by: 
XXI. 1969.8.
24. Where any contract of service contains conditions as to
holidays better than the minimum established by law, no employer
may enter into a subordinate contract of service providing for the
payment to the employee in respect of any of such holidays of a
daily rate lower than the normal daily rate applicable to such
employee.
Public holidays 
falling on weekly 
day of rest. 
Added by: 
VII. 1986.2.
24A.   Where, in the case of whole-time employees, a public
holiday other than a Sunday, falls on a weekly day of rest to which
such employee is entitled, such employee shall be entitled to an
additional day of vacation leave during the calendar year when
such public holiday so falls on a weekly day of rest or on a Sunday
in respect of each such public holiday.
Remuneration 
other than wages. 
Substituted by:
XI. 1969.9.
25. Subject to the provisions of this Act, nothing in this Act
shall prevent the making of any contract by an employer with an
employee for giving to him food, a dwelling place or other
allowances or privileges other than in the form of intoxicating
liquor or noxious drugs, in addition to the minimum wages
prescribed by a national standard order or a wage regulation order,
or to a higher stipulated wage, for normal time and overtime, as a
remuneration for the employee’s services.
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      15
Fines. 
Amended by: 
XLIV.1965.3; 
XXI.1969.10.
26. (1) Where -
( a ) the terms of any written contract of service signed by
the employees specify in detail the fine or fines to
which the employee may become liable in respect of
each act or omission in respect of which a fine may be
imposed, and
( b ) the terms of any such contract are set out in a notice
kept constantly affixed conspicuously in a place or
places open to the employees and in such a position
that it can be easily read and copied, and
( c ) the terms of any such contract have been previously
approved by the Director,
it shall be lawful for the employer to make such deductions as may
be authorised by such contract.
(2) Notwithstanding the provision of subsection (1), where an
employee fails without just cause to give to his employer the total
number of hours of work as bound by the terms of any contract of
service applicable to him, the employer shall not inflict on the
employee any fine for such loss of work but may deduct from the
total wages due to the employee that part thereof which
corresponds to the work so lost.
(3) A register shall be kept by the employer showing every
deduction from wages made under subsection (1) or subsection (2)
of this section, as the case may be, and the reason why it was made.
Such register shall be open to inspection at all reasonable times by
an officer of the department of labour and emigration.
(4) Where any fine or fines are imposed by a person or by a
group of persons, however named, authorised to perform such
function by the employer, such person or persons shall be liable for
their acts, without prejudice to the liability of the employer, as if
they were the employer.
Wages to be 
privileged debts. 
Amended by: 
XLI.1973.3;
XIII. 1983.5.
27. Notwithstanding the provisions of any other law the claim
of employees for wages in respect of services rendered to the
employer shall, to the amount of two hundred liri in respect of each
employee, constitute a privileged claim over the assets of the
employer and shall be paid in preference to all other claims whether
privileged or hypothecary.
Wages to be paid at 
regular intervals.
28. (1) Every employer shall pay or cause to be paid wages to
his employees at regular intervals, and  
( a ) not less often than once a week in the case of
employees whose wages are fixed by the hour or day
or week;
( b ) not less often than once a fortnight in the case of
employees whose wages are calculated solely on a
piece-work or output basis;
( c ) not less often than once a month in the case of
employees whose wages are fixed on a monthly or
annual basis;
  16        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
( d ) in the case of employees employed to perform a task
the completion of which requires more than a fortnight
not less often than once a fortnight in proportion to the
amount of work completed;
( e ) in the case of employees whose wages consist of a
share of profits, or of a commission on sales or
payments made or received by the employer, not less
often than once a month in such proportions as may be
determined by agreement between such employees and
the employer:
  Provided that the provisions of paragraphs ( a ) to ( e )   of this
subsection shall not apply where an agreement is entered into
between an employer or employers or organisations of employers
on the one hand and trade unions representative of the employees
concerned on the other, fixing other intervals for the payment of
wages.
(2) On termination of a contract of service all wages
outstanding shall be paid by the date of the next pay day
determined under subsection (1) of this section as if the contract
had not been terminated.
(3) A settlement of accounts shall be made at least once a year
by the employer in respect of employees whose wages consist of a
share of profits or of a commission on sales or payments made or
received by the employer.
Payment of bonus. 
Added by: 
XLIII.1975.3. 
Substituted by:
XII. 1976.3.
29. (1) Every employer shall pay, or cause to be paid, to each
of his whole-time employees, between the 15th and the 30th day of
the month of June and between the 15th and the 23rd day of the
month of December of each year, a bonus in the form of a sum of
money which, in either case, shall not be less than one-half of that
which the Government shall have announced in the general
estimates of any particular year as payable by the Government to
each of its employees during that year:
  Provided that, where any person has been in whole-time
employment with any particular employer for a period of not less
than thirty days but less than twelve months between the 1st
January and the 31st December of any year, such employee shall be
entitled to receive from his employer, or from any of his employers,
a proportionate amount of the bonus payable under this section,
calculated on the number of days in any such employment:
 Provided further that any unqualifying period of employment
during the first six months of any year shall be added to any period
of employment with the same employer during the second six
months of that year for the purposes of the qualifying period of
employment and the total amount of bonus due to that employee
with respect to the total period of such employment shall be paid
between the 15th and the 23rd day of December of that year,
notwithstanding that the total amount of bonus so payable shall
exceed the normal amount of bonus payable in respect of the
second six months of that year.
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      17
(2) In this section -
"employee" includes a person under agreement of
apprenticeship; 
"his whole-time employees" includes any whole-time employee
who has been in employment with any particular employer for a
period of not less than thirty days during any time as from or after
the lst January of any year but is no longer in such employment on
the 30th June and/or the 31st December of that year;
"whole-time employee" means any employee who is deemed to
be a whole-time employee in accordance with any recognised
condition of employment as defined in section 10 of this Act, and
includes any other employee who is in employment with any
particular employer for not less than thirty-five hours in any one
week.
PART VIII 
TERMINATION OF CONTRACTS OF SERVICE
Duration of 
contracts of 
service.
Amended by:
XI. 1981.5.
30. A person may bind himself to give his services for a time
specified or indefinite, or in respect of a specified task,
undertaking, work or service:
  Provided that where the employee has been retained in
employment after the date of termination of a contract of service
for a specified time or has been re-employed by the employer
within one year from the date of termination of a contract of service
for a specified time, the conditions of employment shall not be less
favourable than those which would have been applicable had the
contract of service been for an indefinite time and the aggregate
probationary period shall in no case be longer than that provided
for under this Act.
Where contract of 
service is not in 
writing. 
Amended by: 
VI.1958.2; 
XXV. 1962.2; 
XXI.1969.11; 
XLI. 1973.4; 
XIII. 1983.5.
31. (1) Every employer, within the first six days of any
contract of service which is to run for more than eight days, shall,
unless the contract is in writing, give or send to the employee a
statement signed by the employer showing briefly:
( a ) the name and address of the employer and of the
employee;
( b ) the normal rates of wages payable;
( c ) the overtime rates of wages payable; 
( d ) the normal hours of work;
( e ) the periodicity of wage payments;
( f ) the paid holidays, and the vacation, sick and other
leave to which the employee is entitled;
( g ) the conditions under which fines may be imposed by
the employer in terms of subsection (1) of section 26;
( h ) any other special conditions governing the employee’s
employment.
  18        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
(2) In the case of outworkers the employer shall give or send to
the employee a statement signed by him showing:
( a ) the name and address of the employer and of the
employee; and
( b ) the rate to be paid for the work.
(3) The Minister may by notice in the Government Gazette
prescribe a form to be used by the employer for the purpose of
subsections (1) and (2) of this section.
(4) This section shall not apply to employees in private
domestic service and to employees holding technical, executive,
administrative or managerial posts and whose wages exceed one
thousand liri a year.
Written contract of 
service. 
Added by: 
XXI. 1969.12.
32. Where any contract of service is in writing, it shall contain
all the particulars specified in subsection (1) or in subsection (2), as
the case may require, of section 31.
Copy of contracts 
of service.  
Added by: 
XLI. 1973.5.
33. A copy of any written contract of service or a copy of any
statement as is referred to in subsection (1) of section 31, as the
case may be, shall be kept by the employer.
Notice of and 
compensation  for 
termination  of 
contracts of 
service. 
Amended by: 
XXI.1969.13; 
XLI. 1973.6; XLIII. 
1975.4;
XI. 1981.6: 
III. 1982.16; 
XVI.1982.2; 
XIII. 1983.5.
34. (1) The first three months of any employment under a
contract of service shall be probationary employment:
  Provided that, where the employment is governed by an
industrial agreement, such agreement may provide for a period of
probationary employment up to six months:
  Provided further that in the case of a contract of service, or of
an industrial agreement, in respect of employees holding technical,
executive, administrative or managerial posts and whose wages
exceed one thousand liri a year, such probationary period may be
extended up to one year.
(2) Probationary employment may be terminated at will by
either party without assigning any reason:
  Provided that a week’s notice of the termination of employment
shall be given to the other party in the case of an employee who has
been in the employment of the same employer continuously for
more than one month.
(3) A contract of service for an indefinite time may be
terminated, by giving notice as set out in subsection (5) of this
section, by the employee without assigning any reason and by the
employer, saving the provision of subsection (14) of this section,
only on grounds of redundancy:
  Provided that any employee whose employment is terminated
on grounds of redundancy shall be entitled to re-employment if the
post formerly occupied by him is again available within a period of
one year from the date of termination of employment:
  Provided further that such an employee shall be so re-employed
at conditions not less favourable than those to which he would have
been entitled if the contract of service relating to him had not been
terminated:
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      19
  Provided, finally, that any employee who shall have been so re-
employed shall, for the purposes of this Act, be deemed to have
continued in his employment notwithstanding the termination made
under this subsection.
(4) Where an employer intends to terminate the employment of
an employee on grounds of redundancy, he shall terminate the
employment of that person who was engaged last in the class of
employment affected by such redundancy:
  Provided that, where such person is related to the employer (not
being a limited liability company or a statutory body) by
consanguinity or affinity up to the third degree, the employer may,
instead of terminating the employment of such person, terminate
that of the person next in turn.
(5) Notwithstanding any agreement to the contrary, notice of
the termination of employment proposed either by the employer or
by the employee under a contract of service for an indefinite time,
shall be of the following respective duration, if the employee has
been in the employment of the same employer continuously -
( a ) for more than one month but not more than one 
             year .............................................................. one week
( b ) for more than one year but not more than two 
             years ............................................................ two weeks
( c ) for more than two years but not more than five 
             years ............................................................ four weeks
( d ) for more than five years ............................... eight weeks:
  Provided that notice of termination of employment may not be
given during maternity leave or during the period of incapacity for
work to which subsection (17) of this section refers.
(6) Where one period of employment on a contract of service
for an indefinite time is of less than six months but is followed by
another period of similar employment commencing within the next
following six months from the last day of employment, the two
periods shall, for the purposes of subsection (5) of this section, in
regard to the second period of employment be deemed to be one
continuous period.
(7) The period of notice shall begin to run from the working
day next following the day on which notice is given.
(8) On receiving notice from the employer as aforesaid the
employee under a contract of service for an indefinite time shall
have the option either of continuing to perform work until the
period of notice expires or, at any time during the currency of the
period of notice, of requiring the employer to pay him a sum equal
to half the wages that would be payable in respect of the unexpired
period of notice.
(9) On receiving notice from the employee as aforesaid, the
employer shall have the option either to allow the employee to
continue to perform work until the period of notice expires or, at
any time during the currency of the period of notice, to pay the
  20        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
employee a sum equal to the wages that would have been payable
in respect of the unexpired period of notice.
(10) If an employee under a contract of service for an indefinite
time fails to give notice as aforesaid, he shall be liable to pay to the
employer a sum, equal to half the wages that would be payable in
respect of the period of notice. If the employer fails to give the said
notice, he shall be liable to pay to such employee a sum equal to the
wages that would be payable in respect of the period of notice.
(11) An employer who dismisses an employee before the
expiration of the time definitely specified by a contract of service,
shall pay to the employee one-half of the full wages that would
have accrued to the employee in respect of the remainder of the
time specifically agreed upon.
(12) An employee who abandons the service of his employer
before the time definitely specified by the contract of service shall
pay to his employer a sum equal to one-half of the full wages to
which he would have become entitled if he had continued in the
service for the remainder of the time so specifically agreed upon.
(13) In the case of employees under a contract of service paid by
the unit of work, or by a share in the profits, or by a commission on
the sales or payments made or received by the employer, the
amount payable in terms of subsections (8), (10), (11) and (12) of
this section shall be calculated on the average earning of the
employee during the three months immediately preceding the day
on which notice is given or the abandonment or termination of
employment takes place.
(14) Notwithstanding the foregoing provisions of this section, an
employer may dismiss the employee and the employee may
abandon the service of the employer, without giving notice and
without any liability to make payment as provided in subsections
(10), (11) and (12) if there is good and sufficient cause for such
dismissal or abandonment of service:
  Provided that an employer may not set up as a good and
sufficient cause -
( a ) that the employee at the time of the dismissal was a
member of a trade union; or
( b ) except in the case of a private domestic employee, that
the employee no longer enjoys the employer’s
confidence; or
( c ) that the employee contracts marriage; or
( d ) that a female employee is pregnant with child; or
Cap. 36.
( e ) that the employee is suspended from attending to his
work by virtue of an order made in pursuance of the
provisions of section 13 of the Prevention of Disease
Ordinance.
(15) A contract of service shall not, except with the consent of
the employee, be terminated by the employer during any period of
incapacity for work of the employee caused by personal injury by
accident arising out of and in the course of employment or by any
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      21
of the occupational diseases compensable under the Workmen’s
Compensation Ordinance *  or under any law replacing the said
Ordinance in each case occurring in the service of that employer:
  Provided that -
(i) during such period of incapacity wages shall
accrue in favour of the employee as may be
provided by or under any recognised condition
of employment as defined in section 10 of this
Act;
(ii) the provisions of this subsection shall not apply
beyond the first twelve continuous calendar
months of incapacity.
(16) On the cessation of the incapacity for work referred to in
the last preceding subsection the employer shall, within twenty-one
days from an application made by the employee, re-instate the
employee in his former employment or, if the injury or disease has
caused a disablement rendering the employee unfit for the former
employment, in other suitable employment:
  Provided that the application for re-instatement by the
employee shall be made in writing within seven days of the
cessation of the incapacity for work.
(17) A whole-time female employee shall not be dismissed by
the employer during the period of her maternity leave or the period
of five weeks following such leave in which she is incapable for
work owing to a pathological condition arising out of confinement.
(18) Any period of incapacity for work referred to in the last
preceding subsection shall be deducted from the period of sick
leave to which the employee is entitled at the time of such
incapacity, so however that the period of incapacity which exceeds
such entitlement shall be deemed to be leave of absence without
entitlement to wages:
  Provided that the employer may require the employee to
produce evidence of such incapacity for work and may require his
own doctor to visit such employee and to report to him on the
condition of her health.
(19) The employee shall, at the termination of maternity leave to
which she is entitled under the provisions of this Act or of the
period of her incapacity for work to which subsection (17) of this
section refers, be entitled to resume work in the post she occupied
on the commencement of her maternity leave, or in an analogous
post if at the time when she becomes so entitled the post she
formerly occupied is no longer available.
(20) Where a female employee does not resume work as
provided in the preceding subsection, or, after having so resumed
work, abandons the service of her employer without good and
*This Ordinance (previously Chapter 128 of the 1942 Revised Edition) was repealed
and substituted by the National Insurance Act (Chapter 147 of this Revised Edition),
which was subsequently repealed and substituted by the Social Security Act (Chapter
318 of this Revised Edition).
  22        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
sufficient cause within six months from the date of such
resumption, she shall be liable, without prejudice to any other
liability under this Act, to pay the employer a sum equivalent to the
wages she received during the maternity leave.
(21) Notwithstanding any other provision in this Act no contract
of service shall be terminated by the employer and no employee
shall be dismissed or suspended and no condition in such contract
shall be rendered less favourable to the employee, without the
consent given in writing by the Director; and if such contract is
terminated or the employee dismissed or suspended from
employment or if such condition is rendered less favourable to the
employee without such consent the employee shall retain all his
rights under the contract as if the contract was not terminated or the
employee dismissed or suspended from employment or the
condition was not rendered less favourable to the employee:
  Provided that the consent of the Director shall not be of
prejudice to any right of the employee to seek redress against the
employer under this or any other law.
(22) No employer shall keep the number of persons in his
employment below the number of persons employed by him on the
16th November, 1982, without the consent given in writing by the
Director.
Cap. 117.
(23) The provisions of subsections (21) and (22) of this section
shall apply to -
(i) any employer to whom the provisions of the
Supplies and Services Act apply;
(ii) to any other person who, on the l6th November,
1982, employed more than three persons,
and only in respect of persons who were in employment on the l6th
November, 1982.
(24) The provisions of subsections (21), (22) and (23) of this
section shall have effect from the l6th November, 1982, and shall
continue in force up to the 31st December, 1983:
  Provided that if at any time while the provisions of the said
subsections are in force a resolution is passed by the House that the
said provisions should be continued in force for a further period
from the time at which they would otherwise expire, the said
provisions shall continue in force for that further period.
Employees 
excluded from 
operation of 
section 34. 
Substituted   by: 
XI.1973.377.  
Cap.234.
35. The provisions of section 34 shall not apply in respect of
seamen employed on ships under the provisions of the Merchant
Shipping Act; and in the event of any conflict between any of the
provisions of the said Act and any of the provisions of this Act, the
former shall apply.
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      23
Condition in 
contract of service 
without effect.
Added by: 
XLVI.1974.2. 
Repealed by: 
XXVII.1978.2. 
Added by: 
XI.1981.7.
36. Any condition in a contract of service which empowers the
employer to terminate the employment of a female employee on her
contracting marriage or becoming pregnant with child shall be
without effect.
Certificates of 
service. 
Amended by: 
VI.1958.2; 
XXV.1962.2 .
37. (1) On the termination of a contract of service lasting over
one month, the employer shall be bound, at the employee’s request,
to give him a certificate stating the duration of the employment, the
nature of the work or services performed and, if the employee so
desires, the reason for the termination of the contract, and the rate
of wages paid.
(2) Such certificates shall be in such form as the Minister, by
notice in the Government Gazette, may prescribe.
Conditions less 
favourable than 
Act.
Added by:
XLI. 1973.7.
38. Unless in such case as is otherwise provided by this Act, if
a contract of service between an employee and his employer
provides for conditions of employment, including the termination
of such contract, less favourable to the employee than those
specified in or under this Act, it shall have effect as if for those
conditions there were substituted the conditions specified in or
under this Act.
PART IX 
ENFORCEMENT AND NON-COMPLIANCE
Appointment of 
inspectors. 
Amended by: 
VI.1958.2; 
XXV. 1962.2; 
XLIV. 1965.3; 
XXI.1969.14.
39. (1) The Minister shall appoint such officers of the
department of labour and emigration as he may think fit to be
inspectors for the purposes of this Act.
(2) Inspectors so appointed as aforesaid shall be empowered -
( a ) to enter freely and without previous notice at all
reasonable times any premises or place liable to
inspection under this Act;
( b ) to carry out in any such premises or place any
examination, test or inquiry which they may consider
necessary in order to satisfy themselves that the
provisions of this Act or of any regulations or orders
thereunder as well as any recognised conditions of
employment are being observed, and in particular -
(i) to interrogate, alone or in the presence of
witnesses, the employer or the employees on any
of the said matters;
(ii) to require the production of any books, registers
or other documents the keeping of which is
prescribed by this Act or by any order issued
under this Act and to copy such documents or
make extracts therefrom.
  24        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
(3) On the occasion of an inspection visit, an inspector shall
notify the employer or his representative of his presence, unless he
considers that such a notification may be prejudicial to the
performance of his duties.
(4) The premises and places liable to inspection under this Act
are any premises or places in respect of which any provisions of
this Act or of any regulation or order thereunder or any recognised
conditions of employment apply or any premises or places in
respect of which an inspector has reasonable cause to believe that
this Act or any regulations or orders thereunder or any recognised
conditions of employment apply.
(5) Such inspectors -
( a ) shall be prohibited from having any direct or indirect
interest in any premises or places which may be
subject to inspection by them;
( b ) shall not reveal at any time even after ceasing to be
inspectors any manufacturing or commercial secrets or
working processes which may come to their
knowledge in the course of their duties;
( c ) shall treat as absolutely confidential the source of any
complaint bringing to their notice a defect or a breach
of the provisions of this Act or of any regulations or
orders thereunder or of any recognised conditions of
employment; and
( d ) shall not in any case give intimation to the employer or
his representative that a visit of inspection was made
as a consequence of the receipt of such a complaint.
(6) Every inspector shall be furnished with a certificate of his
appointment and on applying for admission to any premises or
place for the purpose of this Act, shall, if so required, produce the
said certificate.
(7) Any inspector who acts in contravention of the provisions
of subsection (5) of this section, shall, in addition to any other
punishment to which he may be liable, be also liable to dismissal
ipso facto  from his employment with the Government.
(8) A person shall not -
( a ) omit to answer or answer falsely or cause any other
person not to answer or to answer falsely to any
question which an inspector is authorised to ask under
this Act; or
( b ) fail to produce any books, registers or other documents
which, pursuant to sub-paragraph (ii) of paragraph ( b )
of subsection (2) of this section, he is required by an
inspector to produce; or
( c ) directly or indirectly prevent any person from
appearing before or being questioned by an inspector,
or attempt so to do; or
( d ) obstruct in any manner an inspector in the performance
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      25
of his duties under this Act:
  Provided that no person shall be required under paragraph ( a ) of
this subsection to answer any question which may incriminate him.
Criminal 
proceedings. 
Amended by: 
VIII.1990.3. 
  40. (1) In criminal proceedings instituted by the Police before
the Court of Magistrates for an offence against the provisions of
this Act, the Director or any officer of his department deputed by
him may, notwithstanding the provisions of any law to the contrary,
lay the charge before the court, produce the evidence, plead and
otherwise conduct the prosecution instead of the Police.
(2) The sworn statement of any officer mentioned in the last
preceding subsection to the effect that he has been deputed by the
Director for the purpose therein stated, shall be conclusive
evidence of such fact, should the proof thereof be required by the
accused.
(3) The Director or the officer deputed by him may,
nevertheless, be produced as a witness, but should his evidence be
required as part of the case for the prosecution, he shall be heard in
evidence before assuming the duties of prosecuting officer (other
than that of stating the facts constituting the offence) unless the
necessity of his evidence arises subsequently.
Penalties. 
Amended by: 
XXI.1969.15; 
XLI.1973.8; 
XLVI. 1974.3; 
XLIII.1975.5; 
I.1977.4; 
XXXIII.1977.4; 
IX.1982.2; 
XVI.1982.2; 
XIII. 1983.5.
41. (1) Any employer who contravenes or fails to comply with
any recognised conditions of employment prescribed by a national
standard order or wage regulation order or industrial agreement, or
who employs an aged, disabled or infirm person under conditions
of employment less favourable than the recognised conditions of
employment and without a licence of the Director under section 13
of this Act, or who contravenes or fails to comply with the
conditions of such a licence, shall on conviction be liable to a fine
( multa ) of not less than five liri and not exceeding fifty liri for each
offence.
(2) Any employer who contravenes or fails to comply with the
provisions of subsection (2) of section 10, sections 12, 14 and 15,
subsection (2) of section 26, sections 31, 32, 33 and 37, shall on
conviction be liable to a fine ( multa ) of not less than two liri and
not exceeding twenty liri.
(3) Any person who contravenes or fails to comply with the
provisions of sections 16, 17, 19, 20, 22, 23, 24, 28, 29 and 34 or
subsection (8) of section 39, or who inflicts any fines other than
those specifically permitted by section 26 or who knowingly makes
a false entry in any record to be kept or produced under this Act,
shall be liable on conviction to a fine ( multa ) of not less than five
liri and not exceeding fifty liri:
Cap. 152.
  Provided that where the offence is one as is provided in
subsections (21) and (22) of section 34, the offender shall be liable
to a fine ( multa ) of not less than fifty liri but not exceeding five
hundred liri, and the court may, and if requested by the prosecution
shall, in addition to any other punishment order the suspension or
cancellation of any licence held by the offender and relating to any
trade or business, and of any licence relating to the premises where
the employee is employed; and the provisions of the Probation Act
  26        CAP. 135. h        CONDITIONS OF EMPLOYMENT (REGULATION)
shall not be applicable in respect of any offence against the
provisions of the said subsections (21) and (22) of section 34.
(4) Where any employer is convicted of -
( a ) having failed to pay wages at not less than the rate
applicable in accordance with a recognised condition
of employment as defined in section 10 of this Act or
with a contract of service whichever shall be the
higher, or
( b ) having failed to apply the provisions of section 17 of
this Act, or
( c ) having made any illegal deduction or inflicted any fine
other than those specifically permitted by section 26 of
this Act, or
( d ) having failed to make payment of any bonus payable
under section 29 of this Act, or
( e ) having withheld any remuneration payable under
section 34 of this Act, or
( f ) having failed to allow paid holidays as provided for or
specified in any national standard order, wage
regulation order or contract of service,
the court shall, at the request of the prosecution, besides awarding
the punishment imposed by the preceding subsections of this
section, order the offender, on proof of the amount, to refund or pay
to the employee or employees concerned, or to the apprentice or
apprentices concerned, as the case may be, the said amount due by
him and, in the case of holidays with pay not allowed, a sum equal
to the pay thereof, and any such order by the court shall be of the
same force and effect and be executable in the same manner as if it
had been given in a civil action duly instituted between the
employee or employees concerned or the apprentice or apprentices
concerned, as the case may be, and the employer:
  Provided that nothing in this subsection shall derogate from any
right of the employee or apprentice, as the case may be, to recover
by any other means any amount due to him.
Cap. 9. (5) Section 24 of the Criminal Code shall apply in respect of
offences under this Act.
Offence by 
partnership, etc. 
Added by: 
XXI. 1969.16.
42. Where an offence against the provisions of this Act or of
any regulations or orders made thereunder is committed by a
partnership, company, association or other body of persons, every
person who, at the time of the commission of the offence, was a
director, manager, secretary or other similar officer of such
partnership, company, association or other body of persons or was
purporting to act in any such capacity shall be deemed to be guilty
of that offence unless he proves that the offence was committed
without his knowledge and that he exercised all due diligence to
prevent the commission of the offence.
       CONDITIONS OF EMPLOYMENT (REGULATION)     g CAP. 135.      27
Limitation of 
action . 
Added by: 
XLI. 1973.9.
43. Proceedings for an offence under this Act may be
commenced at any time within one year from the commission of the
offence.
* PART X
ADMINISTRATION
Regulations. 
Amended by:
XIV. 1955.20; 
VI.1958.2; 
XVII. 1961.3; 
XXV.1962.2; 
L.N. 4 of 1963; 
L.N. 46 of 1965.
44. (1) The Minister shall have power to make and when made
vary or repeal regulations for any of the following purposes:
( a ) for prescribing in respect of the Board and wages
councils the procedure, the method of voting and of
filling casual vacancies in membership, the method of
and the quorum necessary for the transaction of
business;
( b ) for prescribing the form and the method of service of
summonses for the attendance of witnesses before a
wages council.
(2) All regulations made under this Act shall be laid on the
Table of the House of Representatives as soon as may be after they
are made and shall have effect as if enacted in this Act:
  Provided that, if the House of Representatives, within twenty
days beginning with the day on which any such regulations are laid
before it, resolves that they be annulled or amended, the same shall
cease to have effect or shall be so amended but without prejudice to
the validity of anything previously done thereunder or to the
making of new regulations.
(3) In reckoning the said period of twenty days, no account
shall be taken of any time during which the House of
Representatives is dissolved or prorogued or during which it is
adjourned for more than four days.
*This Part originally contained two other sections: a repealing section (section 32) and
a transitional section (section 33). These have been omitted under the Statute Law
Revision Act (Act IX of 1980).
