S.L. 452.160 · Seamen (Conditions Of Work) Regulation (S.L. 452.160)
S.L. 452.160 Art. 2Interpretation. Cap. 452. Cap. 252. Cap. 594. S.L. 452.87.
In this order unless the context otherwise requires:
"Act" means the Employment and Industrial Relations
Act;
"boatswain" means an employee responsible for supervising deck crew and performing such other duties as may be instructed by the ship’s officers;
"captain" or "master" means an employee who has command of a vessel, is responsible for the safety of passengers, crew, vessel and cargo, controls the speed and directs the course of the vessel, supervises the work of the crew, ensures maintenance and cleanliness, and directs subordinate officers in the performance of their duties;
"collective agreement" shall have the same meaning as assigned to it in the Act;
"coxswain" means an employee who steers, controls the speed of vessels and who may be in charge of a small craft; "customary holidays" means the days, other than
Sundays, declared for the time being to be public holidays by, or under the National Holidays and other Public Holidays Act:
Provided that an employee shall not be entitled to an extra holiday if the customary holiday falls on a non-working day;
"double time" means twice the actual time rate applicable to the employee;
"employee in Category A" means any whole-time employee wholly or mainly engaged on board light duty tugs or lighters;
"employee in Category B" means any whole-time employee wholly or mainly employed on board heavy duty tugs;
"employee in Category C" means any whole-time employee wholly or mainly employed on board any luzzu;
"employee in Category D'' means any whole-time employee wholly or mainly employed on board a Gozo ferry;
"employee in Category E" means any whole-time employee wholly or mainly employed on board yachts or pleasure boats and includes any other whole-time employee, not being an employee in any of the Categories A, B, C and D, to whom this order applies;
"engine driver" means an employee who mainly operates and maintains engines and other mechanical equipment;
"engineer" means an employee who is fully qualified to operate, maintain and repair engines, motor pumps, condensers and other mechanical and, or electrical equipment;
"Gozo ferry" means any ship or vessel engaged wholly or mainly in the transport of passengers and, or cargo on a regular schedule between Malta, Gozo and Comino;
"heavy duty tugs" means any tug employed in assisting vessels within the harbours and territorial waters;
"hourly rate" means the result of the division of the weekly wage of an employee by the number of hours to which that employee is engaged to work;
"hours of work" shall have the same meaning as assigned to it in the Act; "learner" means a person other than an apprentice, who is over the age of fourteen (14) years and under the age of eighteen (18) years, who is receiving training in any calling to which this order applies, and in respect of whom the employer holds a permit issued in accordance with the Employment and Training Services Act;
"luzzu" means any vessel including Gozo boats but excluding the Gozo ferry, engaged wholly or mainly on the transport of cargo between any of the Maltese Islands;
"night shift" means any period of employment that includes any hours from 10.00p.m. of one day to 6.00a.m. of the next following day;
"part-time employee" shall have the same meaning as assigned to it in the Act;
"period of employment" shall have the same meaning as assigned to it in the Act;
"rest period" shall have the same meaning as assigned to it in the Organisation of Working Time Regulations ;
"shift employee" means an employee who is engaged on alternate day and night shift work on a regular cycle basis;
"territorial waters" means the territorial waters of Malta as determined in accordance with the Constitution;
"time and a half" means one and a half times the actual time rate applicable to the employee;
"week" means a calendar week;
"whole-time employee" shall have the same meaning as assigned to it in the Act;