Employment and Industrial Relations Act (Cap. 452)

Employment and Industrial Relations Act (Cap. 452), article 4

Official PDF on legislation.mt

4. (1) Where the Minister receives any national standard recommendation or any sectoral regulation recommendation he may, subject as hereinafter provided, make a national standard order or a sectoral regulation order, as the case may be, to be published in the Gazette, giving effect to the national standard recommendation or the sectoral regulation recommendation as fro m such date as may be specified in the order: Provided that the Minister may, if he thinks fit, before making an order as aforesaid, refer the national standard recommendation or the sectoral regulation recommendation received by him back to the Board and the Board shall thereupon reconsider it having regard t o any observations made by the Minister and may, if it thinks fit, re-submit the national stan dard recommendation or the sectoral r egulation recommendation to the Minister either without amendment or with such amendments as it thinks fit having regard to those observations. (2) Any national standard recommendation and any sectoral regulation recommendation as well as any national standard orde r or sectoral regulation order for giving effect thereto, may mak e different provisions for different cases and may contain provis ions for the amendment or revocation of previous national standard orders or sectoral regulation orders and may contain any incide ntal, supplemental or consequential provisions which may appear necessary for carrying out the provisions of any national standard order and any sectoral regulation order. (3) No national standard order or sectoral regulation order shal l 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) Without prejudice to what is provided in the proviso to 10 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS article 42, if a contract between an employee to whom a nationa l standard order or a sectoral regulation order applies and the employer or any collective agreement 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 ther e where substituted the conditions specified in the order. Recognised conditions of employment.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.