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Basic Provisions of Legislation Regarding Minimum Wage and Certain Professions

A) MINIMUM WAGE Determination of the minimum wage Since the minimum wage is set annually by an Order of the Ministerial Council that comes into force on 1 April of each year, anyone interested for the latest level of minimum wage should contact the Department of Labour Relations. The minimum wage is, as from 1 April 2008, 743 on appointment and 789 after completing a six-month period of employment with the same employer. Objective The main objective is to protect employees working in a profession or specialization not represented by a trade union and whose working conditions are rarely set by means of a collective agreement. Professions covered Clerks, shop assistants, school assistants, assistant baby and child minders and nursing assistants and from 1 July 2008, security guards and employees with sanitation and caring duties in clinics, private hospitals and houses for the elderly. Keeping a record of wages Every employer is obliged to keep a record of wages in respect of those professions covered by the Order. Offences and Sentences Any employer, who does not comply with the minimum wage requirements, in the case of the above professions, shall be subject, on conviction, to a fine as prescribed by the Law. Compensation of the employee In case of a conviction of the employer, an employee may claim the difference between his wage and the minimum wage within a period of two years before the submission of the complaint. B) WORKING HOURS AND TERMS OF EMPLOYMENT 1. Clerks The Law applies to every person who works as a clerk or has other executive or administrative duties, including messengers, except employers, partners, directors or other executives of the company. It also applies to employees in offices where any commercial or banking business or free vocation is carried out, excluding employees in offices of an industry, doctors practice, hospital or shops.

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Hours of work The hours of work should not exceed 44 hours in total (including any overtime) per week or 8 hours daily. 2. Hotel and Catering Employees The Law applies to any person employed in a hotel, either by means of a contract of employment or other employment relationship, including employees in any restaurant serving the hotel guests, except the hotels director. It also applies to any person employed as a catering employee, either by means of a contract of employment or other employment relationship, in a restaurant, cabaret, coffee shop, bar, night club, tavern, club or any other place where there is consumption of food or drinks. Working conditions Weekly working hours: the working hours of hotel and catering employees should not exceed 48 hours weekly, including overtime. Daily working hours: (a) Hotel employees: the maximum number of daily working hours is eight and can be spread in a period of time not exceeding 13 hours including maximum two interruptions (3 shifts). (b) Catering employees: the working hours should not exceed 8 hours daily with maximum one interruption (2 shifts). Overtime work: (a) Hotel employees: up to 9 hours weekly. (b) Catering employees: up to 8 hours weekly. In both cases, the minimum hourly overtime rate should be 1:1,5. Weekly rest: every hotel and catering employee is entitled to one day off weekly fully paid. Annual Leave: every hotel and catering employee is entitled to minimum 4 weeks annual leave fully paid; ie 20 days if he/she works five days a week or 24 days if he/she works six days a week. Sick Leave: (a) Hotel employees: with a service of 6 months - 3 years: 15 days with a service longer than 3 years: 24 days
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(b) Catering employees: with a service of 6 months - 3 years: 10 days with a service longer than 3 years: 18 days

Employers/Employees obligations Professional booklet: every employer is obliged to provide a professional booklet to every hotel or catering employee. Termination of employment: (a) Hotel employees: employment may be terminated without any notice during the first month of service. After completing the first month of service, the employer or the employee, whoever terminates the employment relationship, shall give notice accordingly or pay compensation in respect thereof. (b) Catering employees: either the employer of the employee, whoever terminates the employment relationship, shall give notice of a specific time period accordingly or pay compensation in respect thereof. Service charge: every hotel or catering employer charges 10% for the provision of services on the customers bills, except in the case of certain goods and services. The total service charge is distributed among the hotel and catering employees every month. Display of list and table: Every hotel and catering employer is obliged to display in the establishment: a list of the employees with their corresponding occupation a table with the daily working hours, the weekly rest day, the annual leave and the employees points according to which the distribution of the service charge will be made among them.

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Offences and penalties (a) Hotels: every employer who violates or fails to comply with the provisions of the Hotel Employees (Conditions of Service) Regulations is guilty of an offence and is, on conviction subject to a fine not exceeding the amount of 1.708. (b) Catering: every employer who violates or fails to comply with the Catering Employees (Conditions of Service) Law shall be guilty of an offence and is subject to a fine not exceeding the amount of 3.417 or to imprisonment up to a year or both.

3. Mine and Metal Extraction Workers Who is covered Every person who works permanently or temporarily in a mine or metal extraction work respectively, except for the managers/clerks that do not work manually and persons working in the health and welfare services of the mine and metal industry respectively. Hours of work the hours of work of metal workers working under the earth surface should not exceed 40 hours in total weekly or 8 hours daily. the hours of work of metal workers working on the surface should not exceed 44 hours in total weekly or 8 hours daily. the hours of work of mine workers should not exceed 44 hours in total weekly or 8 hours daily. Offences and penalties Any employer who violates the number of working hours in the case of clerks, mine and metal workers, commits a criminal offence and, on conviction, is subject to a sentence of imprisonment up to 6 months or a fine up to 170 or both.
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