ORGANISATION OF WORKING TIME [ S.L.452.87 1
SUBSIDIARY LEGISLATION 452.87
ORGANISATION OF WORKING TIME 
REGULATIONS
5th April, 2004
LEGAL NOTICE 247 of 2003.
Citation.
Working Time Regulations.
Interpretation.
requires:
Cap. 452.
''adequate rest'' means such rest periods, the duration of which is
expressed in units of time and which are sufficiently long and
continuous to ensure that, as a result of fatigue or other irregular
working patterns, workers do not cause injury to themselves, to
fellow workers or to others;
''civil protection services'' includes the police, fire brigades and
ambulance services, the security and intelligence services, customs
and immigration officers, the prison service, any voluntary rescue
services, port and airport safety officers and air traffic controllers;
''Director'' means the Director responsible for employment and
industrial relations;
''employer'' includes a partnership, company, association or other
body of persons, whether vested with legal personality or not, and
in relation to a worker means the person by whom the worker is, or,
where the employment has ceased, was employed;
''family worker'' shall mean a relative of the employer to the
second degree, ascending or descending as well as persons under
the legal custody of the employer;
''Minister'' means the Minister responsible for employment and
industrial relations;
''mobile worker'' means any worker employed as a member of
travelling or flying personnel by an undertaking which operates
transport services for passengers or goods by road, air or inland
waterway;
''night time'' means the period between 10 p.m. of any one day
and 6 a.m. of the next day;
''night worker'' means a worker who:
( a ) works at least three hours of his daily working time as
a normal course during night time; or
( b ) works more than fifty per cent of his annual working
time, or such lower proportion as may be specified in
appropriate provisions of a relevant collective
agreement during night time:
2 [ S.L.452.87 ORGANISATION OF WORKING TIME
Provided that for the purposes of paragraph ( a ) of this
definition, the term ''normal course'' means those instances where
the worker works such hours on the majority of days during which
he works;
''offshore work'' means work performed mainly on or from
offshore installations, including drilling rigs, directly or indirectly
in connection with the exploration, extraction or exploitation of
mineral resources, including hydrocarbons, and diving in
connection with such activities, whether performed from an
offshore installation or from a vessel;
''rest period'' means any period which is not working time and
does not include leave to which a worker is entitled under these
regulations;
''shift work'' means any method of organising work in shifts
whereby workers succeed each other at the same work stations
according to a certain pattern, including a rotating pattern, and
which may be continuous or discontinuous, entailing the need for
workers to work at different times over a given period of days or
weeks;
''shift worker'' means any worker whose work schedule is part of
shift work;
''working time'' means any period during which the worker is
available for service to the employer and is carrying out his activity
or duties, and includes any relevant training and any other
additional period which is to be treated as working time for the
purpose of these regulations under any relevant agreement and
''work'' shall be construed accordingly.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Purpose, scope and 
applicability of 
regulations.
3. (1) These regulations shall be construed as a National
Standard Order and lay down the minimum requirements for the
organisation of working time.
(2) These regulations shall apply:
( a ) to minimum periods of daily rest, weekly rest and
annual leave, and to breaks; and
( b ) to maximum weekly working time; and
( c ) to certain aspects of night work, shift work and
patterns of work; and
( d ) unless otherwise provided hereunder in these
regulations or in any applicable law, these regulations
shall apply to all sectors of activity, both public and
private.
(3) These regulations shall not apply:
( a ) where other legislation laying down more specific
provisions relating to the organisation of working time
for certain occupations or occupational activities are in
force;
ORGANISATION OF WORKING TIME [ S.L.452.87 3
( b ) to seafarers on board every seagoing vessel, whether
publicly or privately owned.
(4) These regulations shall be applicable without prejudice to
the introduction and implementation of provisions in collective
agreements or any other agreement entered into between employers
and employees, which are more favourable to the protection of the
safety and health of workers.
(5) These regulations shall be read and construed together with
the provisions of any applicable health and safety legislation and in
the case of conflict, these regulations shall apply.
Minimum Rest Periods and Maximum Working Time
Daily rest.
period of eleven consecutive hours per 24-hour period during
which the worker performs work for his employer.
Rest breaks.
working day is longer than six hours.
(2) The rest break to which a worker shall be entitled,
including its duration and the terms on which it is granted, shall be
in accordance with any provisions laid down in collective
agreements or any other agreement entered into between employers
and employees.
(3) Subject to the provisions of any applicable collective
agreement in accordance with regulation 3(4), the rest break
provided for in subregulation (1) shall be for an uninterrupted
period of not less than fifteen minutes, and the worker shall be
entitled to spend it away from his workstation, if he has one.
Weekly rest period.
every worker shall be entitled to a minimum uninterrupted weekly
rest period of tenty-four hours, in addition to the daily rest period
of eleven hours referred to in regulation 4, for each seven-day
period during which the worker works for the employer:
Provided that, if the employer proves to the Director that
technical or work organisation conditions so require, then a
minimum rest period of twenty-four hours for each seven day
period shall be applied so as to resolve the technical or work
organisation conditions:
Provided further that if the employer fails to prove to the
Director that technical or work organisation conditions so require,
the Director shall have the power to oblige the employer to allow
the worker a weekly rest period as provided in the first paragraph
of this sub-regulation.
(2) Notwithstanding the provisions of subregulation (1), the
weekly rest period may be calculated over a fourteen-day reference
period if the employer so determines, and in such cases, a worker
shall be entitled to either -
( a ) two uninterrupted rest periods each of not less than
twenty-four hours, each preceded by a daily rest
period, in each fourteen-day period during which the
4 [ S.L.452.87 ORGANISATION OF WORKING TIME
worker works for the employer; or
( b ) one uninterrupted rest period of not less than forty-
eight hours, preceded by a daily rest period, in each
such fourteen-day period during which the worker
works for the employer.
Maximum average 
weekly working 
time.
7. (1) Saving as otherwise provided in these regulations, the
average working time for each seven-day period of a worker,
including overtime, shall not exceed forty-eight hours:
Provided that:
( a ) the average weekly working time shall be calculated
from the total number of hours worked in a reference
period as specified in subregulation (3);
( b ) the periods of paid annual leave, granted in accordance
with regulation 8, the periods of sick leave as specified
in any relevant legislation issued in terms of the Act or
as may be specified in a relevant collective agreement
and any other leave to which a worker shall be entitled
pursuant to any relevant legislative provision issued in
terms of the Act shall not be included in the
calculation of the average.
(2) Subregulation (1) of this regulation shall not apply:
( a ) until 31st July, 2004 in the following manufacturing
sub-sectors:
- food and beverages,
- textiles,
- clothing and footwear,
- transport equipment,
- electrical and electronic machinery, appliances
and supplies,
- furniture;
( b ) until 31st December, 2004 in respect of collective
agreements existing on 12th December, 2001 in the
above mentioned sub-sectors where these agreements
contain clauses relevant to this regulation with validity
beyond July 2004.
(3) Subject to any relevant provisions in any applicable
collective agreement in accordance with regulation 3(4), the
reference periods which apply in the case of a worker are -
( a ) in the case of the manufacturing sector and the tourism
sector, including travel and catering establishments, a
period of fifty-two weeks;
( b ) where a relevant collective agreement provides for the
application of this regulation in relation to successive
periods of seventeen weeks, each such period;
( c ) in any other case, any period of seventeen weeks in the
course of the worker’s employment.
(4) Where a worker has been in employment for his employer
ORGANISATION OF WORKING TIME [ S.L.452.87 5
for less than seventeen weeks, the applicable reference period shall
be the period that has elapsed since starting work for the employer.
(5) It shall be the duty of the employer to ensure that the limit
specified in subregulation (1) shall be complied with, in the
interests of the health and safety of the workers.
(6) Any provisions in any other legislation issued under the Act
which relate the minimum weekly wage of a whole-time employee
to a weekly working time of more than forty-eight hours, shall,
henceforth, be considered to relate such minimum weekly wage to a
maximum average weekly working time of forty-eight hours.
Annual leave.
at least the equivalent in hours of four weeks and four working days
calculated on the basis of a forty-hour working week, and an eight-
hour working day and out of this paid annual leave entitlement, a
minimum period equivalent to four weeks may not be replaced by
an allowance in lieu, except where the employment relationship is
terminated, and any agreement to the contrary shall be null and
void:
Provided that in cases where the average weekly working
time, calculated on the basis of a reference period of seventeen
weeks, is below or exceeds forty hours per week, the annual leave
entitlement in hours shall be adjusted accordingly:
Provided further that the average weekly working time shall
be calculated on the normal hours of work of the employee and
shall not include overtime hours.
(2) With the exception of the hours of annual leave entitlement
which may be availed of as urgent leave, leave shall be availed of
as whole working days, with the equivalent number of hours being
deducted from the annual leave entitlement calculated in hours,
unless otherwise provided for in a collective agreement or
established by mutual consent:
Provided that in cases when the residual hours of annual
leave entitlement is less than the equivalent of a whole working
day, such residual leave entitlement shall be granted on one
occasion as part of a whole working day.
(3) Notwithstanding the provisions of subregulation (1), a
proportion of the leave entitlement not exceeding 50% of the
annual leave entitlement, may, by mutual agreement between
employer and employee, be carried over once to the next calendar
year. Such vacation leave carried forward from the previous year
will be utilised first, and may not be carried forward again.
(4) When an employee is in employment for less than twelve
months in any calendar year, the worker shall be entitled to such
annual leave as is in proportion to the period in employment.
(5) Every whole-time employee shall be entitled to the national
holidays and to all public holidays with full pay.
(6) Subject to any relevant provision in a recognised collective
agreement or established by mutual consent:
6 [ S.L.452.87 ORGANISATION OF WORKING TIME
( a ) in the case of workers on a regular daily schedule,
when a national holiday or public holiday falls on a
worker’s day of rest, the worker shall be credited with
extra hours of annual leave equivalent to the number
of hours of a normal working day;
( b ) notwithstanding the preceding paragraph, in the case
of workers on irregular schedules or where the hours
of work vary from day to day, the hours of work
equivalent to a working day which are to be credited to
the annual leave entitlement of such workers when a
public holiday or a national holiday falls on a day of
rest shall be calculated on the basis of the number of
normal hours scheduled to be worked in a seventeen
week period, divided by the number of working days
in that same period.
Night Work and Shift Work
Length of night 
work.
9. (1) Subject to the provisions of subregulation (2), a night
worker’s normal hours of work shall not exceed an average of eight
hours in any 24-hour period:
Provided that the average number of hours worked each
night shall be calculated on the total number of hours worked in a
reference period as specified in subregulations (4) and (5):
Provided further that if the minimum weekly rest period of
twenty-four hours required by regulation 6 falls within the
reference period it shall not be included in the calculation of the
average.
(2) The employer shall ensure that no night worker whose work
involves special hazards or heavy physical or mental strain shall
work more than eight hours in any period of twenty-four hours
during which night work is performed.
(3) For the purposes of subregulation (2), work involving
special hazards or heavy physical or mental strain shall be
recognised as such by means of:
Cap. 424.
( a ) a risk assessment carried out by the employer pursuant
to article 6 of the Occupational Health and Safety
Authority Act; or
( b ) appropriate provisions in collective agreements
pursuant to regulation 3(4) specifying particular work
activities, taking account of the specific effects and
hazards of night work.
(4) The reference periods which apply in the case of a night
worker shall be defined:
( a ) by collective agreements, or
( b ) in any other case by any period of seventeen weeks in
the course of employment.
(5) Where a worker has been in employment with his employer
for less than seventeen weeks, the applicable reference period shall
be the period that has elapsed since starting work for the employer.
ORGANISATION OF WORKING TIME [ S.L.452.87 7
Health assessment 
and transfer of 
night workers to 
day work.
10. (1) Prior to assigning a worker to carry out night work and
at regular intervals thereafter, it shall be the duty of an employer to
take the necessary measures to ensure that the worker concerned
undergoes a suitable health assessment to determine the worker’s
health status in order to ascertain fitness for the proposed work:
Provided that an employer shall repeat the health
assessment after a reasonable length of time has elapsed since a
previous assessment or whenever there has been a change in the
working environment or in the health status of the worker.
(2) No person shall disclose a health assessment made for the
purposes of this regulation to any person other than the worker to
whom it relates, unless -
( a ) the worker has given his consent in writing to the
disclosure, or
( b ) the disclosure is confined to a statement that the
assessment shows the worker to be fit or unfit as the
case may be prior to undertaking an assignment, or to
continue to undertake an assignment.
(3) Where -
( a ) a registered medical practitioner has advised an
employer that a worker employed by the employer is
suffering from health problems which the practitioner
considers to be connected with the fact that the worker
performs night work, and
( b ) it is possible for the employer to transfer the worker to
work -
(i) to which the worker is suited, and
(ii) which is to be undertaken during periods such
that the worker will cease to be a night worker,
the employer shall transfer the worker accordingly.
(4) The employer shall not levy or permit to be levied on any
worker any charge or deduction in wages in respect of anything
done pursuant to any measure required by these regulations.
Notification of 
regular use of night 
workers.
11. It shall be the duty of an employer who regularly uses night
workers, to keep adequate records on any workers carrying night
work to show that there is suitable compliance with the provisions
of these regulations and to furnish the Director, whenever so
requested, with any information related to night work which may
be considered necessary.
Pattern of work.
S.L. 424.18
12. It shall be the duty of the employer to ensure that a worker
shall be given adequate rest breaks, to the satisfaction of the
Director, where a risk assessment in terms of the General
Provisions for Health and Safety at Workplaces Regulations, or any
other relevant health and safety legislation which may be in force
from time to time, and carried out to the satisfaction of the
Occupational Health and Safety Authority, shows that the pattern
according to which an employer organizes work is such as to put
the health and safety of a worker employed by him at risk, and in
particular, because the work is monotonous or the work-rate is
8 [ S.L.452.87 ORGANISATION OF WORKING TIME
predetermined.
Miscellaneous Provisions
Exceptions. 13. Regulations 4, 5, 6, 7 and 9, shall not apply in relation to a
worker where, on account of the specific characteristics of the
activity in which the worker is engaged, the duration of the
working time is not measured or predetermined or can be
determined by the worker, as may be the case for, but not limited
to-
( a ) managing executives or other persons with
autonomous decision-taking powers;
( b ) family workers; or
( c ) workers officiating at religious ceremonies in churches
and religious communities.
Compensatory rest. 14. Where the application of any provision of these regulations
is excluded by regulation 15 or 16, or is modified or excluded by
means of a collective agreement under regulation 17, and a worker
shall be accordingly required by his employer to work during a
period which would otherwise be a rest period or rest break -
( a ) the employer shall, notwithstanding such exemption,
be obliged to ensure that any worker concerned is
allowed such compensatory rest period or rest break,
as the case may be, that can be reasonably considered
as equivalent to the rest period or break referred to in
regulation 4 or 6, and
( b ) in exceptional cases in which it shall not be possible,
for objective reasons, to grant such a period of rest, the
employer shall afford the worker such protection as
may be appropriate in order to safeguard the worker’s
health and safety:
Provided that the arrangement with regards to the
conditions of work provided for in this regulation shall not include:
(i) the granting of monetary compensation to the
worker; or
(ii) the provision of any other material benefit to the
worker other than the provision of such a benefit
as will improve the physical conditions under
which the worker works or the amenities or
services available to the worker while working.
Other special 
cases.
15. Subject to the provisions of regulation 14, regulations 4, 5,
6, and 9 shall not apply -
( a ) in relation to activities where the worker’s place of
work and place of residence are distant from one
another, including offshore work, or his different
places of work with the same employer are distant
from one another;
( b ) in relation to security and surveillance activities
requiring a permanent presence in order to protect
property and persons, as may be the case for security
guards and caretakers or security firms;
ORGANISATION OF WORKING TIME [ S.L.452.87 9
( c ) in relation to activities involving the need for
continuity of service or production, as may be the case
in relation to -
(i) services relating to the reception, treatment or
care provided by hospitals or similar
establishments, residential institutions and
prisons;
(ii) work at docks or airports;
(iii) press, radio, television, cinematographic
production, postal and telecommunications
services and civil protection services;
(iv) gas, water and electricity production,
transmission and distribution, household refuse
collection and incineration plants;
(v) industries in which work cannot be interrupted
on technical grounds;
(vi) research and development activities;
(vii) agriculture;
(viii) workers concerned with the carriage of
passengers on regular urban transport services;
( d ) where there is a foreseeable surge of activity, as may
be the case in relation to -
(i) agriculture;
(ii) tourism; and
(iii) postal services;
( e ) in the case of persons working in railway transport:
(i) whose activities are intermittent;
(ii) who spend their working time on board trains; or
(iii) whose activities are linked to transport time-
tables and to ensuring the continuity and
regularity of traffic;
( f ) where the worker’s activities are affected by -
(i) an occurrence due to unusual and unforeseeable
circumstances, beyond the control of the
worker’s employer;
(ii) exceptional events, the consequences of which
could not have been avoided despite the exercise
of all due care by the employer; or
(iii) an accident or the imminent risk of an accident.
Shift workers.
( a ) regulation 4 shall not apply in relation to a shift
worker when he changes shift and cannot take a daily
rest period between the end of one shift and the start of
the next one;
( b ) regulation 6 shall not apply in relation to a shift
worker when the worker changes shift and cannot take
a weekly rest period between the end of one shift and
10 [ S.L.452.87 ORGANISATION OF WORKING TIME
the start of the next one; and
( c ) regulation 4 shall not apply to workers engaged in
activities involving periods of work split up over the
day, as may be the case for cleaning staff.
Doctors in training. 17. (1) With respect to doctors in training, regulation 7(1)
shall not apply until such date as the Minister may by notice in the
Gazette prescribe:
Provided that as from the 1st August, 2004 a transitional
period shall take effect in which the number of weekly working
hours for doctors in training shall not exceed an average of fifty-
eight during the first three years, an average of fifty-six for the
following two years and an average of fifty-two for any remaining
period.
(2) The employer shall consult the representatives of the
employees in good time with a view to reaching an agreement,
wherever possible, on the arrangements applying to the transitional
period. Within the limits set out in the preceding subregulation,
such an agreement may cover:
( a ) the average number of weekly hours of work during
the transitional period; and
( b ) the measures to be adopted to reduce weekly working
hours to an average of forty-eight by the end of the
transitional period.
(3) Regulation 7(3) shall not apply to doctors in training
provided that the reference period does not exceed:
( a ) twelve months, during the first three years
commencing on the 1st August, 2004; and
( b ) six months for the following two years.
Collective 
agreements.
18. Subject to the provisions of regulation 14, a collective
agreement may:
( a ) modify or exclude the application of regulations 4, 5, 6
and 9 in relation to workers or a group of workers;
( b ) modify the application of regulation 7(3) by the
substitution for each reference to seventee weeks with
a different period not exceeding fifty-two weeks, when
there are sufficient objective or technical reasons or
reasons concerning the organisation of working time.
Mobile workers 
and offshore work.
19. (1) Regulations 4, 5, 6, and 9 shall not apply to mobile
workers:
Provided that necessary arrangements are taken to ensure
that such mobile workers shall have adequate rest except in
circumstances laid out in regulation 15( f ).
(2) In cases where there may be objective or technical reasons
or reasons concerning the organisation of work, the reference
period referred to in regulation 7(3) may be extended to twelve
months in respect of workers who mainly perform offshore work.
ORGANISATION OF WORKING TIME [ S.L.452.87 11
Final provisions.
relation to a worker who has agreed with his employer in writing
that it should not apply, provided that the employer takes the
necessary measures to ensure that:
( a ) no worker shall be required to work more than forty-
eight hours over a seven-day period, calculated as an
average for the reference period referred to in
regulation 14( b ), unless the employer has first
obtained the worker’s agreement to perform such
work;
( b ) no worker shall be subjected to any detriment by his
employer because he is not willing to give his
agreement to perform such work;
( c ) the employer keeps up-to-date records of all workers
who carry out such work, which shall include the
specific number of hours to be worked by the
employee in a particular reference period;
( d ) the records are placed at the disposal of the Director,
who may, for reasons connected with the safety and, or
health of workers, prohibit or restrict the possibility of
exceeding the maximum weekly working hours;
( e ) the employer provides the Director at his request with
information on cases in which agreement has been
given by workers to perform work exceeding forty-
eight hours over a period of seven days, calculated as
an average for the reference period referred to in
regulation 7(3)( b ).
(2) Any written agreement pursuant to what is stated in
subregulation (1)( a ) shall be terminable by the worker by giving no
less than seven days’ written notice to his employer or any other
longer period, not exceeding three months, that is stipulated in the
written agreement. 
(3) It shall be the duty of the employer to:
( a ) keep adequate records to show that the limits specified
in regulations 7 and 9, and the requirements pursuant
to regulation 10 are being complied with in the case of
any workers to whom these regulations apply, and
( b ) to retain such records for at least two years from the
date on which they are made.
(4) When an employer fails to keep records under any relevant
provision in these regulations in relation to an employee, the onus
of proving, in proceedings before a Court, that the said provision
was complied with in relation to the employee shall lie on the
employer.
Unfair dismissal and other offences
Unfair dismissal.
the purposes of these regulations as having been unfairly dismissed
if the reason, or, if more than one, the principal reason, for the
dismissal is that the employee -
12 [ S.L.452.87 ORGANISATION OF WORKING TIME
( a ) refused, or proposed to refuse, to comply with a
requirement which the employer imposed, or proposed
to impose, in contravention of these regulations;
(b) refused, or proposed to refuse, to forgo a right
conferred on him by these regulations.
(2) In cases referred to in subregulation (1), a worker may
present a complaint to the Industrial Tribunal set up in terms of Part
III of Title II of the Act, that his employer -
( a ) has refused to permit him to exercise any right he has
under these regulations; or
( b ) has failed to pay him the whole or any part of any
amount due to him under regulation 8.
Offences. 22. Any person who contravenes or fails to comply with the
provisions of any of these regulations shall be guilty of an offence
against the Act in terms of article 45 of the Act and shall be liable
to a minimum fine ( multa ) of two hundred liri (Lm200).
Repeals less 
favourable 
provisions.
23. These regulations supersede any less favourable relevant
provisions in any regulations, orders or other subsidiary legislation
made under or kept in force under the Act, and any such relevant
provisions are hereby being revoked.
