collective agreement between heritage malta and the union ...

TABLE OF CONTENTSCLAUSE NUMBERPAGE NUMBER1. PREAMBLE 12. RECOGNITION 13. PERIOD OF AGREEMENT 14. MANAGEMENT CLAUSE 15. PROTECTION AND FACILITIES 16. COLLECTION OF UNION FEES 27. INTERPRETATION 28. PROBATIONARY PERIOD 29. RESIGNATION OR TERMINATION OF EMPLOYMENT 210. RATES OF PAY 211. HOURS OF WORK 312. OVERTIME 313. SHIFT EMPLOYEES 314. PAYMENT OF SALARIES 415. SUBSTITUTION ALLOWANCE 416. PUBLIC HOLIDAYS AND VACATION LEAVE 417. SPECIAL LEAVE WITH PAY 518. SPECIAL UNPAID LEAVE 619. SICK LEAVE 620. INJURY ON DUTY 721. ABSENCE FROM WORK 822. TIME RECORDING AND LATE ATTENDANCE 823. PROMOTIONS AND FILLING OF VACANCIES 824. SALARY ADJUSTMENTS ON PROMOTION AND UPGRADING 925. REDUNDANCIES AND DEMOTIONS 926. RE-EMPLOYMENT 927. RECKONING OF SENIORITY 928. RETIREMENT 929. RIGHT OF SEARCH 1030. HEALTH AND SAFETY AT WORK 1031. INSURANCE COVERAGE 1032. TRANSPORT 1033. UNIFORMS 1034. ENGAGEMENT IN OTHER WORK 11

35. CODE OF CONDUCT 1136. TRAINING OPPORTUNITIES 1137. EQUAL OPPORTUNITIES 1138. TOOLS AND EQUIPMENT 1139. DISCIPLINE 1140. GRIEVANCE PROCEDURE 1241. WITHHOLDING OF LABOUR 1242. UNOFFICIAL INDUSTRIAL ACTION 1343. EXCLUSION OF NEW DEMANDS 1344. PAST SERVICE 1345. INFORMATION REGARDING THE AGENCY 13APPENDIX A: CATEGORIES OF EMPLOYEES 15APPENDIX B: RATES OF PAY 16APPENDIX C: HOURS OF WORK 18APPENDIX D: RESIGNATION OR TERMINATION OF EMPLOYMENT 19APPENDIX E: CHECK-OFF AUTHORIZATION 20APPENDIX F: DISCIPLINARY PROCEDURE 21APPENDIX G: OPM CIRCULAR DATED 16.02.1996 24APPENDIX H: CLOSED DAYS 2004 – 2006 25

An Agreement entered into this _______ day of ______________ 2004,between on the one part Heritage Malta, hereinafter referred to as theAGENCY and on the other part the Public Entities Section of the UnionHaddiema Maghqudin, hereinafter referred to as the UNION which isofficially registered under the Employment and Industrial RelationsRegulation Act (2002), and which at the date of this Agreementrepresents the employees on the books of the AGENCY as shown inAppendix A of this Collective Agreement.1. PREAMBLEa) Whereas the AGENCY and the UNION agree that astable and a harmonious relationship between bothparties is desirable for the maintenance of stabilityand industrial peace which would lead to theprosperity, welfare and efficient operation of theundertaking in the mutual interest of both theemployer and the employees, the AGENCY and theUNION enter into this Agreement and pledgethemselves to abide by its provisions and to cooperatein all good faith in upholding the principlesembodied therein.b) Meeting together in free and voluntary association todetermine and to subsequently regulate the relationsbetween them in the interest of mutual understandingand co-operation, the parties to this Agreement haveagreed:-2. RECOGNITIONThe AGENCY recognizes the UNION as the sole bargaining agencyin respect of and on behalf of all the categories of employees shownin Appendix “A” which is attached to and which forms part of thisAgreement, provided that the AGENCY shall reserve the right towithdraw recognition to the said UNION if during the period coveredby this Agreement its membership falls below 50% + 1 of theconfirmed employees of the AGENCY, or if the employees leave theUNION to form another UNION or to join another such organization.If the Management of the AGENCY is changed, such a change orsimilar move shall not be deemed to affect in any way theAGENCY’s and the employees’ undertaking through this Agreement.Similarly the Agreement will remain in force for the duration of theagreed term irrespective of any change in Union recognition.3. PERIOD OF AGREEMENTa) This agreement shall be valid for the period between 1 stJanuary 2004 and 31 st December 2006. At least six (6)months before the expiry of this Agreement, either party maygive notice in writing expressing its wish that this Agreementshall remain in force for a definite period of one (1) year or itsintention to terminate this Agreement and to negotiate a newone. In the latter case, both parties shall immediately enterinto discussions on the terms and conditions of a newAgreement.b) The terms and conditions of employment shall be those asagreed upon between the AGENCY and the UNION and asprovided for by this Agreement. No changes shall beeffected during the validity period of this Agreement withoutthe written consent of both parties to this Agreement.4. MANAGEMENT CLAUSEThe management of the Organization has the authority to execute all thevarious duties, functions and responsibilities vested in the AGENCYprovided that the exercise of such AGENCY shall not in any way conflictwith this Agreement.5. PROTECTION AND FACILITIESa) The AGENCY shall not discriminate against,intimidate or in any way victimize any of itsemployees because of UNION membership or forreason of participation in UNION activities and/oraction. On their part, the employees shall notintimidate or victimize any other employees of the1

AGENCY including members of Management, notcovered by this Agreement.b) The AGENCY agrees to extend to the UNION anyreasonable assistance in order to carry out itslegitimate functions. It, moreover, agrees to grant tothe Shop Steward (or his delegate) all the necessaryfacilities required in connection with activities of theUNION in its relationship with the AGENCY. On itspart, the UNION undertakes to notify the AGENCY ofany changes in the names of Shop Stewards.c) UNION activities in the AGENCY’s time and on theAGENCY’s premises shall only be engaged uponwith the prior written consent of the AGENCY, suchpermission shall not, however, be unreasonablywithheld if adequate pre-notice is given.d) The AGENCY shall provide facilities to the UNION tomake use of a notice board which shall be providedby the AGENCY. Both parties to this Agreementagree that no notices which are not of a legitimateUnion matter will be affixed to the notice board.6. COLLECTION OF UNION FEESa) On a written request by the employee (Appendix “E”)the AGENCY shall deduct the UNION dues from theemployees’ salaries and shall remit same to theUNION on a four-weekly basis accompanied by a listshowing the names of the employees covered.b) It is understood that the employee’s authority to theAGENCY to deduct UNION fees from his/her salarycan be revoked by the employee at any time inwriting and the AGENCY, on receipt of suchrevocation, shall discontinue forthwith to deductUNION dues from his/her wages/salary and informthe UNION concerned accordingly.7. INTERPRETATIONAny reference to the male gender shall be interpreted to mean also thefemale gender, and the singular to mean also the plural and vice-versaas the case may be.8. PROBATIONARY PERIODOn engagement, all new employees joining the AGENCY on orafter the signing of this Agreement shall be considered to be onprobation for a period of six (6) months. Notice of termination ofemployment will be carried according to law by both employer andemployee.9. RESIGNATION OR TERMINATION OF EMPLOYMENTIn the case of resignation or termination of employment for reasonsother than instant or summary dismissal, resignation or terminationof employment by either part may only be given effect to inaccordance with the provisions of Part V of Section 33 - 42 of theEmployment and Industrial Relations Regulation Act (2002),Chapter 452 of the Revised Laws of Malta, or in accordance withany such law as may be in force. Notice of termination ofemployment by either party must be given as shown in Appendix“D”.10. RATES OF PAYa) The rates of pay (before deductions) shall be those shown inAppendix “B” which is attached to and which forms part ofthis Agreement. Each employee shall receive the paycorresponding to his/her grade.b) Rates as shown in Appendix “B” include cost-of-livingincreases that may be decreed by law.c) New employees shall enter the grade at the minimum salaryof the respective grade unless the exigencies of theAGENCY otherwise demand and are approved by the ChiefExecutive of the AGENCY. The latter proviso applies solely2

to Grades A and B as outlined in Appendix A of thisdocument.11. HOURS OF WORKa) Employees shall work an average of a forty (40) hour weekspread over five (5) days or six (6) days as shown inAppendix “C” unless otherwise agreed.b) Employees may be called to observe a shift roster as shownin Appendix “C” attached. The AGENCY, however, reservesthe right to introduce, change or discontinue the workschedule of its employees according to the exigencies of theAGENCY, after consultation with the UNION.c) Break periods may be changed or staggered byManagement due to the exigencies of the AGENCY,provided that employees on shift will be entitled to breakperiod according to law.d) Reduced working hours: Employees with young childrenup to the age of five (5) years may apply to work on a twenty(20) or thirty (30) hour weekly work schedule.While employees are working on a reduced time-table, theywill be entitled to the salary of their substantive grade on apro-rata basis, at 50% or 75% of the salary depending on thechosen option. They will also be entitled, likewise on a proratabasis, to leave and sick leave benefits and anyallowances linked to their duties and to which they wouldhave been entitled had they been working on a full-timeroster. Only those hours worked in excess of 40 hours perweek will be paid at the applicable overtime rates as outlinedin clause 12b.Ex-Government employees currently working on reducedhours are to retain their current conditions.Working on a reduced time-table will not prejudice theseniority of employees in the particular grade or opportunityof the employees for training, or for applying for calls forapplications.e) Flexi-time: The Management may adopt a system of flexitimein which core hours will be established by theManagement according to its exigencies and in consultationwith the Union. The Management will decide what means oftime-keeping system, such as palm reader, to use to controltime-recording.12. OVERTIMEa) Employees are expected to work overtime when, in theAGENCY’s opinion, circumstances render such worknecessary subject to the conditions laid down below,unless the AGENCY agrees that they have good andjustifiable reasons for refusing to do so. Overtime will befairly distributed as much as possible. Both partiesagree that the AGENCY shall endeavour to keep thisovertime to a minimum.b) Employees shall be paid overtime rates to the nearestcompleted one-fourth (¼) hour for any time worked inexcess of the average 40-hour week as long as they areduly authorized to do so.The rates applicable are:-Monday to Saturday inclusive : normal rate 1½ forEach hour workedSundays : normal rate x 2 foreach hour workedPublic Holidays : normal rate x 2 foreach hour workedWhen a Public Holiday is worked, payment is effectedaccording to Legislation.13. SHIFT EMPLOYEESEmployees who work irregular hours on a shift basis shall bepaid a shift allowance as detailed hereunder:3

Monday to Sunday without night shiftLm 2.50 weekly(5 out of 7 week days)The above allowance is payable to gallery / site officers, custodiansand front office assistants.Any work performed on a Sunday which is part of the normal shiftpattern, is calculated at an additional single rate per hour for everyhour worked. Thus, this is applicable to gallery / site officers,custodians, front office assistants, and watchmen.Rates shown in the above table are based on a weekly rateand paid concurrently with salaries.14. PAYMENT OF SALARIESa) Salaries shall be paid every four (4) weeks by directcredit. This will come into force on 1 st January 2004.Payment schedule for 2004, 2005 and 2006 shall be asoutlined in Appendix “B”.b) The Weekly Allowance shall be paid with the March andSeptember salaries and the six-month Bonus shall bepaid in June and December.c) Overtime shall be paid with the salary. Overtime paidwill be that which covers the period from the first to thelast day of the previous four-week period.15. SUBSTITUTION ALLOWANCEAn employee who is officially asked to substitute temporarilyand to perform the duties and responsibilities of anotheremployee in a higher grade, whether due to prolongedabsenteeism or shortage of employees, will be compensatedas follows:-If the substitution lasts over one (1) month he/she shall beentitled to a special allowance, on a pro-rata basis for everyday worked from the first day, equivalent to the difference4between the salary of the designated employee and the salaryof the next higher scale in the higher Grade which theemployee is substituting.No substitution pay shall be paid if substitution is less than one(1) month, however if substitution is more than one (1) month,the allowance will be paid from the first day of substitution.16. PUBLIC HOLIDAYS AND VACATION LEAVEi) Employees are entitled to the paid public holidaysestablished by Government. When a public holiday falls ona Saturday or Sunday or on an off day, it shall be added tothe employees’ vacation leave entitlement according to thelaw.ii) All museums and sites shall be open to the public onall Public Holidays except for those days as outlined inAppendix “H”. As a result of this, two days vacation leave willbe deducted to cover for Christmas Eve and New Year’s Everespectively.iii) Employees are entitled to 24 days vacation leaveaccording to current Legislation. However, shift employeeswhose duty entails working regularly on feast days, are tohave their vacation leave entitlement increased by thenumber of days worked on such feast days in any particularyear. Vacation leave cannot be taken in periods of less thanhalf day of four (4) hours each. This can be availed of for amaximum of 4 days, before or after a break.iv) Requests for vacation leave are to be made on theappropriate forms provided by the AGENCY, three (3) daysin advance.v) In case of employees working on a roster, request forvacation leave must be made two (2) days before thepublication of the roster. In case of emergency leave, theemployee shall inform the AGENCY by telephone or by othermeans, by not later than one (1) hour after the normal time ofcommencement of work. Employees on shift work shalllikewise inform the AGENCY at least one hour before their

normal time of commencement of work. Each application foremergency leave will be considered on its own merit. TheAGENCY may require the employee to substantiate suchemergency and in cases that he/she defaults, disciplinaryaction will be taken against him/her and a day’s pay will bededucted from the salary. What constitutes emergencyleave is at Management’s discretion.v) The AGENCY reserves the right to stop approvedvacation leave or part of it according to its businessexigencies to ensure that all sites and offices are adequatelystaffed. In this case, the employee will have the right tochoose other dates.vi) Accumulation of vacation leave, from one year toanother, will not be permitted unless an employee applies forsuch leave in advance not later than the 30 th September,giving reasons for the request and is granted permission bythe AGENCY to do so, provided that the employeesubstantiates the reasons given with documentary evidence.Approved accumulated leave will be forfeited if not utilizedfor the purpose that it was granted for.vii) If due to the exigencies of the AGENCY theemployee is formally requested by the AGENCY not to makefull use of his/her vacation leave entitlement for that year, orleave applications were not authorized (as advised in writtenformat), the employee concerned will either avail himself ofsuch vacation leave by the end of March of the followingyear or be paid in respect of same at normal time rates at thebasic rate of the year of the vacation leave entitlement.viii) In no case shall permission be granted for vacationleave to be accumulated for more than one (1) year.ix) Employees shall avail themselves of their vacationleave entitlement at the exigencies of the AGENCY.Vacation leave not utilized by the end of the calendar yearshall be forfeited except as described above.5x) No outstanding vacation leave balances will be paidby the Agency after the end of 2004 except as noted in subclause16. vii above17. SPECIAL LEAVE WITH PAYPermanent employees shall be entitled to Special leave with pay in thefollowing circumstances:-a) Bereavement: Two (2) working days on the death of theemployee’s spouse or partner, parents (or the persons who at the timewere acting as parents to the employee), children, brothers and sistersand one (1) day on the death of the parents-in-law. Such leave is to beavailed of immediately on bereavement.b) Marriage: Three (3) working days immediately onmarriage.c) Birth of child: Two (2) working days on the birth of a child to theemployee’s wife, to be availed of within four (4) weeks from birth.d) Adoption: Female employees are entitled to five (5)weeks on the legal adoption of a minor child to be availed of at the timethat they take custody of the child. Male employees are entitled to two(2) working days on the legal adoption of a minor child to be availed of atthe time that they take custody of the child. Evidence of adoption mustbe provided.e) Maternity: Whole-time female employees shall begranted maternity leave in accordance with the provisions of the localLegislation in force at the time. This is currently thirteen (13) weeksmaternity leave on full pay and one (1) week unpaid maternity leave.f) Jury Service: All the necessary time-off with full pay less anypayments effected by the Authorities concerned.g) Union business: The officially designated UNIONrepresentative or his delegate as authorized by the UNION, shall begranted a total aggregate of five (5) working days in every calendar yearto attend to seminars, conferences, or congresses of the UNION or to

epresent the UNION locally or abroad. This special leave shall berequested in writing by the UNION and shall be granted depending onthe exigencies of the AGENCY.h) Post-injury on duty: An employee who sustains an injury onduty as specified and in accordance with the provisions of Clause 20shall be granted the necessary time off to attend for post injury treatmentand/or to appear before the Social Security Injuries board provided thathe/she produces prior official notification to the AGENCY.i) Police Witness: An employee shall be granted thenecessary time-off when he/she is required by the competent Authoritiesto assist in investigations connected with the AGENCY or its activitiesprovided that the employee is not the subject of such investigations.The employee is to produce an official document proving the request bythe Authorities.18. SPECIAL UNPAID LEAVEa) Provided that the operational exigencies of the AGENCY sopermit, special unpaid leave may be granted for the purposeof educational advancement and when representing Malta insports activities. In such instances the period of unpaidleave is to be determined by the CEO in writing and inadvance in each case.b) All employees may be granted up to one (1) year specialunpaid leave after the birth of their child, if they so requestthe AGENCY in writing, subject to the following:i) This is to be availed of once within the first three (3)years of the birth of the child.ii)This special unpaid leave may only be granted to allemployees who have been in the AGENCY’semployment for a minimum period of one (1) yearwithout interruption of service. This leave may beavailed of in respect of each child. Femaleemployees who avail themselves of the fourteen (14)weeks maternity leave still have the obligation to putin six (6) months’ service.6iii)iv)The AGENCY has the right to employ a replacementon definite contract.On return from unpaid leave, the employee has theright to return in her/his grade at a post which theAGENCY deems necessary.v) As an option to the one year unpaid leave, a femaleemployee may request to work reduced hours of 20or 30 hours in a week. Payment of salary andbenefits will be pro-rata. Permission to work reducedhours will be at the discretion of the AGENCY.vi)19. SICK LEAVEThose employees who are granted the one (1) yearspecial leave without pay, shall not be allowed toresume duty prior to the expiry of the period agreedupon, unless approval is granted by Management.a) i) Employees detailed to the AGENCY shall be entitledup to the following sick leave with pay in everycalendar year:-ii)Up to six (6) months continuous serviceTwo (2) days on full pay for every month’s serviceAfter six (6) months continuous service:Thirty (30) working days on full pay andThirty (30) working days on half pay.Employees engaged directly by the AGENCY shallbe entitled to the following sick leave with pay inevery calendar year.Up to six (6) months continuous serviceTwo (2) days on full pay for every month’s serviceAfter six (6) months continuous service:Twenty (20) working days on full pay andTwenty (20) working days on half pay.

iii)After twenty four (24) months continuous service:Twenty five (25) working days on full pay andTwenty five (25) working days on half pay.After sixty (60) months continuous service:Thirty (30) working days on full pay andThirty (30) working days on half pay.Ex-Government (recruited pre-1979) employees willcontinue to retain present sick leave conditions on apersonal basis. However sub-clause 19.a i will notapply to these employees.b) i) In case of hospitalization or long serious illnesscertified by the AGENCY’s doctor, when anemployee has exhausted his/her sick leaveentitlement on full pay for the year, theAGENCY may consider extending the sick leaveentitlement referred to in (i) and (ii) above bycarrying over fifty per cent of the unutilized sickleave of the previous three (3) years.ii)An employee who has exhausted his/her sickleave on full pay may opt to utilize his/hervacation leave entitlement prior to going on halfpay.c) Payment of the above-mentioned sickness benefits shallbe subject to the following conditions:-i) Employees who absent themselves from workdue to sickness are to inform the AGENCY asper established procedure by not later than onehour (1) after the normal time of commencementof work.7ii)iii)iv)20. INJURY ON DUTYPayments in respect of sick leave shall besubject to deduction of amounts to which theemployee may be entitled under the SocialSecurity Act. This shall come into effect on 1 stJanuary 2004.All sick leave must be covered by a medicalcertificate produced by the AGENCY’s doctor.Reports of sick leave not certified by theAGENCY’s doctor will be considered as absencewithout leave. Hence, the employee will besubject to disciplinary action and no paymentswill be effected for this absence.The employee is obliged to give correct details asto where the Doctor is to visit, otherwise theemployee will be subject to disciplinary action.During any sick or injury leave, the employee isto remain at home. If the employee is not foundat his place of residence, the payment forsick/injury leave will be withheld, until such timeas the employee presents documentary proof tojustify his absence from home.v) Retirement from work due to sick leave duringworking hours will be considered as a normalsick day. Certification will be required as from thenext day.a) An employee who sustains an injury arising out of and in thecourse of employment – which injury is not caused throughnegligence on the employee’s part or through noncompliancewith Safety Regulations issued by the AGENCYand/or improper use of safety equipment and/or clothing –shall be entitled up to one (1) year’s absence from work onfull basic pay less any Social Security injury benefit, subjectto the provisions of Clause 19(b). A certificate issued by theAGENCY’s doctor must be produced.

) Any injury on duty must be reported immediately to theAGENCY and the necessary Social Security forms should beduly completed, signed and witnessed.c) The payment by the AGENCY of the above-mentionedbenefits shall be without prejudice to the question of legalresponsibility and shall not be deemed to be an admission oflegal liability.d) If the injury is likely to extend beyond twelve (12) months, theAGENCY may seek, at any time during injury leave, suchprofessional medical advice it deems necessary to establishthe likelihood of the employee returning to work within areasonable time to determine whether the employee is nolonger capable of performing his/her normal duties or otheralternative duties as may be suitable for him/her. In such acase the AGENCY may terminate his/her employment but inno case, unless with the employee’s consent, before theexpiry of twelve (12) months from the start of his/her injury.The Agency will inform the Union about all action taken.e) During the period of injury leave, the employee is to remainat home. If the employee is not found at his place ofresidence, the payment for injury will be withheld until suchtime as the employee presents documentary proof to justifyhis absence from home or if such action has been authorizedby the AGENCY Doctor.f) The injured employee is obliged to inform the AGENCY ofthe outcome of the Injury Board decisions.21. ABSENCE FROM WORKa) Employees on day basis who absent themselves from workfor any reason other than for sickness, shall inform theAGENCY by telephone or by any other means by not laterthan one (1) hour after their normal time of commencementof work. Employees on shift work shall likewise inform theAGENCY at least three (3) hours before their normal time ofcommencement of work.b) Employees absenting themselves without the due noticeand/or a justifiable cause shall render themselves liable todisciplinary action (including the deduction of pay) and tosuspension without pay after due warning. Three (3) officialwritten warnings in any period of twelve months may lead todismissal.c) Employees absenting themselves from work without duenotice and/or a justifiable cause for ten (10) consecutivedays will be considered as having resigned their employmentwith the AGENCY with the equivalent deduction of the noticeperiod which should have been due as provided for in thisagreement.22. TIME RECORDING AND LATE ATTENDANCERefer to Appendix “F” regarding disciplinary procedure for lateattendance.23. PROMOTIONS AND FILLING OF VACANCIESa) In awarding promotions and/or filling of vacancies, theAGENCY shall consider the qualification requisites for thejob, giving due consideration to factors such as ability,efficiency, academic qualifications and general record in theAGENCY.b) Refusal to accept a promotion shall not jeopardize anemployee’s opportunity for future promotions.c) For the purpose of promotions and/or filling of vacancies, theprobationary period shall be six (6) months which themanagement may extend for another period of three (3)months in exceptional cases.d) In the filling of vacancies and new posts, due considerationshall be given for filling such vacancies from amongstserving employees.e) If no suitable candidates are available from amongst theAGENCY employees, the AGENCY shall fill such vacanciesthrough external calls for applications.8

24. SALARY ADJUSTMENTS ON PROMOTION ANDUPGRADINGOn promotion or upgrading (as defined in Clause 23), employees shallreceive:a) either the minimum salary of the new grade; orb) their salary before promotion/upgrading plus two incrementsin the new scale plus any sum required to fit exactly in anotch of the new scale;whichever is the highest, provided that the maximum salary of the newgrade shall not be exceeded.25. REDUNDANCIES AND DEMOTIONSa) In declaring redundancies and/or making demotions in aparticular grade or grades due to curtailment or lack of work,the employee with the least seniority in that particular gradeor grades shall be discharged or demoted first, provided thatwhere an employee who is being discharged or demoted hadoriginally held on a regular basis a job at an equal or lowerrate of pay in another trade or grade, the employeeconcerned may elect to be transferred to such previous job ifthe said employee has more seniority in that trade or gradethan the employee replaced. In such instances the UNIONis to be invariably consulted.b) Ex-Government employees who opt to be employed withHeritage Malta shall be covered by the provisions of OPMletter dated 16 th February 1996 addressed to the UHM (seeappendix “G”).26. RE-EMPLOYMENTAny employee whose employment was terminated by the AGENCY ongrounds of redundancy shall be entitled to re-employment if the postformerly occupied by him/her is again available within a period of oneyear from the day of termination of employment. Such employee shallbe so re-employed at conditions not less favourable than those to whichhe/she would have been entitled if the contract of service relating to9him/her had not been terminated. It is being understood that on reemploymentthe said employee shall qualify for a degree of seniority asprovided for in Clause 27.27. RECKONING OF SENIORITYFor the purpose of reckoning length of service for whatever reason,length of service in a particular trade or grade will be solely determinedby the date of first appointment to that grade or trade subject to the rulesset out below on breaks in services:-a) Previous service in a higher or equivalent trade or gradecounts towards service in the lower trade or grade.b) Previous service will not be regarded as broken whereemployment in a trade or grade is resumed within one (1)year of discharge from that trade or grade on redundancy.Such a break in employment does not however counttowards length of service.c) Previous service and any other related benefits will beregarded as forfeited when employment has been voluntarilyinterrupted by an employee as a result of voluntaryresignation.d) When an employee is retained by the AGENCY on unpaidleave, for whatever reason, such period shall not bededucted for the purpose of reckoning the total length ofservice except in the case of parental leave in excess of one(1) year.28. RETIREMENTRetirement shall be in accordance with local Legislation prevailing at thetime, and in accordance with the relevant clauses of the CulturalHeritage Act 2002, presently being females at age sixty (60) and malesat age sixty-one (61); however male employees may retire at age sixty(60) if they so wish.

29. RIGHT OF SEARCHa) No employee shall have in his/her possession or take outfrom the AGENCY premises any goods or material belongingto the AGENCY unless written authorization to do so is givenby the Management.b) The AGENCY has the right to search any employee onentering or leaving the AGENCY’s premises, or at any timewhilst the employee is on the premises. This right appliesalso to search employee’s personal lockers, handbags,briefcases and/or parcels. Should any employee refuse tosubmit himself/herself to such a search, the AGENCY shallcall in the Police.c) Searches will be carried out in the presence of one witnessof the employee’s choice. In the case of female employees,body searches will be carried out by a female and alsowitnessed by a female.d) All employees, depending on their place of work, must followall procedures and are subject to all security measuresintroduced by the AGENCY from time to time.30. HEALTH AND SAFETY AT WORKA Health and Safety Committee shall be established. It shall consist oftwo (2) representatives of the Management and two (2) representativesof the general staff under the chairmanship of the Manager – Safety andSecurity.The main function of this committee is to make recommendations to themanagement as to how the place of work can be rendered as safe aspossible. It is also its function to promote safe practices and makerecommendations for improvements in health and safety matters toManagement.When this is required, the AGENCY is to provide the necessaryprotective clothing. Employees must make use of safety measures andequipment and use the protective clothing provided by the AGENCY toensure their safety and that of other employees. If an employee refrains10from doing so he/she will be subject to disciplinary action which couldlead to dismissal.The ultimate responsibility to implement recommendations is vested inthe management.31. INSURANCE COVERAGEa) The AGENCY’s vehicles, which may be used by theemployees of the AGENCY in connection with their work, areto be comprehensively insured so as to ascertain that –except in the case of proven negligence – employees wouldnot be subject to any liability.b) Employees, who in the performance of their duties handleAGENCY assets, shall be insured against all risks. TheAGENCY will undertake to ensure that as far as reasonablypossible, all necessary precautions are taken. This clausealso applies to the handling of cash.32. TRANSPORTEmployees who may be asked by the AGENCY to make use of theirown cars for official duties shall be paid an allowance of twelve (12)cents per mile or seven cents five (7c5) per KM.Employees who are detailed to a particular site and who are then askedto re-locate from one museum/site to another on the same day due tothe AGENCY’s exigencies, are to be reimbursed for the relocationtransport expenses at the above rate or public transport cost.33. UNIFORMSa) The AGENCY will provide winter and summer uniforms toemployees within those categories designated by theAGENCY. New uniforms are to be provided every twoyears. A Policy relating to the provision of uniforms will beintroduced by the AGENCY. The AGENCY will inform theUNION accordingly.b) Uniforms supplied by the AGENCY are to be worn at alltimes during the course of the employee’s duty. It is the

employee’s responsibility to ensure that he/she keeps theuniform regularly clean.c) Employees who do not comply with the provisions of subclause (b) above will be subject to disciplinary action.34. ENGAGEMENT IN OTHER WORKa) Each employee must devote his/her working time to theservice of the AGENCY.b) No employee will be allowed to undertake any additionalwork or to accept any part in the management of any societyor anything of any commercial, industrial, financial form orcompany, which would require his/her attendance at anytime during the normal working hours, or after duty hours, yetwhich may give rise to a conflict of interest, unless by priorwritten permission from the AGENCY. Employees alreadyperforming such work should, nonetheless, regularize theirposition by requesting permission from the AGENCY.c) Employees may not accept any gifts either in cash or in kindor in any way reap any personal advantages through theconduct of business on behalf of the AGENCY.d) No employee will engage in any activity which would in anyway tend to impair his/her usefulness as an employee of theAGENCY, or will be engaged in any occupation orundertaking which might result in any conflict with theinterests of the AGENCY. Failure to comply with this maylead to disciplinary action which may lead to dismissal.e) Permission for an employee to engage in other work will onlybe given at the sole prerogative of the AGENCY, the policyof which will be governed by the exigencies of the AGENCYfrom time to time. In this respect, permission given toemployees may be withdrawn at any time at the discretion ofthe AGENCY.f) Employees who engage in other work without the priorwritten permission from the AGENCY will be subject todisciplinary action.1135. CODE OF CONDUCTa) Employees are to serve the AGENCY honestly, faithfully anddiligently, to comply with all the orders, rules or regulationsmade by the AGENCY from time to time and are to accountfor all data, software and other records, instruments, tools ordocuments, which may come into their hands as employeesof the AGENCY. They are to conduct themselves in such away as shall not impair the reputation of the AGENCY.b) Employees who may become involved in criminalproceedings that somehow may have an adverse effect ontheir line of work shall immediately report the matter to theAGENCY.36. TRAINING OPPORTUNITIESThe AGENCY shall encourage employees to undertaken coursesincluding academic, which enhance the workers’ knowledge andpotentialities, especially in fields related to the AGENCY’s role. TheAGENCY will also endeavour to organize courses for its staff who maybe required to attend such programmes after working hours.37. EQUAL OPPORTUNITIESThe AGENCY declares itself an equal opportunity employer and bindsitself to put this principle in practice in all aspects of its administration.38. TOOLS AND EQUIPMENTThe AGENCY shall provide the required tools/equipment to itsemployees. These shall remain the property of the AGENCY. Theemployee shall be responsible for the safe keeping and maintenance ofthe tools/equipment entrusted to him/her and shall be liable to replaceany tools/equipment mislaid or stolen.39. DISCIPLINEWhilst there is an obligation on the part of all employees to conductthemselves properly, to carry out the lawful orders of their superiors tothe best of their ability, to perform their duties effectively and to abide bythe rules and regulations issued by the AGENCY from time to time allemployees are entitled to a fair treatment and to justice. The procedure

outlined in Appendix “F” is to be followed in case of discipline foremployees of Heritage Malta. Employees detailed to Heritage Malta areguided by the provisions of the Public Service Commission (PSC) or anyauthority delegated directly to the AGENCY by the PSC.40. GRIEVANCE PROCEDUREIt is the intention of both parties to this Agreement to establish themeans for the prompt disposal and amicable settlement of any complaintwhich may arise out of the application and/or interpretation of thisAgreement.Should any difference arise between the AGENCY and the UNION orany of the employees as to the interpretation or application of, orcompliance with the provisions of this Agreement, or if any individualcomplaint/grievance is raised by an employee or group of employees,every endeavour shall be made to settle the matter in accordance withthe procedure set out hereunder:a) An attempt shall first be made by the employee, with orwithout the assistance of the representative of the UNION, todiscuss the grievance with the employee’s superior; suchsuperior shall not however hold a post within the AGENCYless than Executive. This is to be done as expeditiously aspossible after such grievance has risen.b) If the grievance is not settled at this level, the aggrievedemployee with the assistance of the representative of theUNION if so desired by the employee, should bring thematter to the attention of the Manager Corporate Services orhis/her accredited representative.c) The Manager Corporate Services or his/her accreditedrepresentative, the employee’s superior as specified above,the employee and representative of the UNION, will do theirbest to dispose swiftly of the grievance, but should suchgrievance remain unsettled even after a conciliatory meetingchaired by a mutually agreed conciliator, both the AGENCYand the UNION may take such action, which is not contraryto the provisions of the Law or to the provisions of thisAgreement, that may be deemed proper under thecircumstances.d) Neither the employee involved nor the employee acting inthe capacity of UNION representative shall incur any loss ofpay for any absence from the place of work in connectionwith the above procedure, provided however that permissionis sought in advance from the AGENCY.41. WITHHOLDING OF LABOURBoth parties to this Agreement recognize that the well-being of both theAGENCY and the employee is dependent upon the maintenance ofgood relations and industrial peace. They, therefore, seek to reach anamicable settlement satisfactory to both sides through meaningfuldiscussions and that no arbitrary action designed to withhold labour shallbe taken by either side until discussions have been exhausted without apositive result.In the event that in spite of their best endeavours to reach an amicablesettlement satisfactory to both sides, no such agreement is registered,both the AGENCY and the UNION shall be free to take whatever actionis considered necessary provided that:a) Either party may refer the dispute for the attention of theDirector of Employment and Industrial Relations.b) Such action is not contrary to the laws of the country, andc) At least forty-eight (48) working hours’ notice in writing isgiven to the other party.Any actions taken by an employee/s of the AGENCY and which are notin accordance with the provisions of this clause will be considered by theAGENCY to be unofficial actions and the employee/s taking part in suchactions shall be liable to disciplinary action which shall lead to dismissal.12

42. UNOFFICIAL INDUSTRIAL ACTIONThe AGENCY and the UNION agree that unofficial Industrial actions aredetrimental to both the AGENCY and the UNION and as such are not tobe supported. It is agreed that any employee/s who organize/s and/ortake/s part in any unofficial industrial action shall be liable to disciplinaryaction which shall lead to dismissal. Unofficial industrial action is anytype of industrial action not initiated by the recognized UNION.43. EXCLUSION OF NEW DEMANDSNo further demands in connection with the contents of this Agreement orregarding those matters which were subject to discussions during thenegotiations leading to the signing of this Agreement shall be putforward or supported by either the AGENCY or the UNION during thevalidity period of this Agreement.44. PAST SERVICEAll past service with the AGENCY or with Government shall bereckonable for all purposes contained in this Agreement, except forwhere otherwise indicated in this Agreement.45. INFORMATION REGARDING THE AGENCYThe employee shall not at any time, during their employment with theAGENCY or after the termination of their employment, or for any reasonwhatsoever, disclose to, or knowingly permit or enable any other personto acquire any information concerning the affairs of the AGENCY or ofany matter or thing connected with its business or activity.13

Dated and signed this Day of 2004For and on behalf of theUNION HADDIEMA MAGHQUDINFor and on behalf ofHERITAGE MALTA__________________________Mr Mario SaccoSecretary – Govt. Employees Section__________________________Dr Mario TaboneChairman__________________________Mr Jesmond BonelloSecretary – Public Entities Section__________________________Ms Antoinette CaruanaChief ExecutiveWitnessed by:__________________________Mr Mario CashaShop Steward__________________________Mr Raymond JonesManager, Corporate Services14

APPENDIX A: Categories of Employees(Vide Clause 2 – Recognition)GRADE AGRADE BGRADE CGRADE DGRADE EGRADE FExecutiveHead LibrarianHead ConservatorGallery / Site OfficerCo-ordinatorConservatorLibrarianFront Office AssistantSenior ClerkTechnicianCustodianSkilled TradesmanClerkOffice AttendantOperativeGeneral HandWatchman15

APPENDIX B: Rates of Pay(Vide Clause 9 – Rates of Pay)This Table shows all annual salaries for the years 2004 – 2006.GRADE YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13A 2004 5,425 5,610 5,795 5,980 6,165 6,350 6,535 6,720 6,9052005 5,588 5,778 5,969 6,159 6,350 6,541 6,731 6,922 7,1122006 5,755 5,952 6,148 6,344 6,540 6,737 6,933 7,129 7,326B 2004 5,110 5,280 5,450 5,620 5,790 5,960 6,130 6,300 6,4702005 5,258 5,433 5,608 5,783 5,958 6,133 6,308 6,483 6,6582006 5,411 5,591 5,771 5,951 6,131 6,311 6,491 6,671 6,851C 2004 4,260 4,405 4,550 4,695 4,840 4,985 5,130 5,275 5,420 5,565 5,7102005 4,377 4,526 4,675 4,824 4,973 5,122 5,271 5,420 5,569 5,718 5,8672006 4,498 4,651 4,804 4,957 5,110 5,263 5,416 5,569 5,722 5,875 6,028D 2004 3,781 3,860 3,980 4,100 4,220 4,340 4,460 4,580 4,700 4,820 4,940 5,0602005 3,881 3,962 4,085 4,209 4,332 4,455 4,578 4,701 4,825 4,948 5,071 5,1942006 3,984 4,067 4,194 4,320 4,447 4,573 4,700 4,826 4,952 5,079 5,205 5,332E 2004 3,634 3,720 3,825 3,930 4,035 4,140 4245 4,350 4,455 4,560 4,665 4,7762005 3,730 3,819 3,926 4,034 4,142 4,250 4357 4,465 4,573 4,681 4,789 4,9022006 3,829 3,920 4,030 4,141 4,252 4,362 4473 4,584 4,694 4,805 4,916 5,032F 2004 3,110 3,190 3,270 3,350 3,430 3,510 3,590 3,670 3,750 3,830 3,910 3,990 4,0702005 3,192 3,275 3,357 3,439 3,521 3,603 3,685 3,767 3,849 3,931 4,014 4,096 4,1782006 3,277 3,361 3,446 3,530 3,614 3,698 3,783 3,867 3,951 4,036 4,120 4,204 4,289NOTES:a) Movement across the grade will occur every year in January, so long as nowritten warning was received during the twelve-month period, in which case theemployee will be retained in his/her current scale. Employees undergoingcriminal proceedings will retain the same scale.16

) The rates of pay (before deductions) shall be those shown in this Table. Eachemployee shall receive the pay corresponding to his/her grade.c) All rates shown include any cost-of-living increases that may be decreed by law,including COLA.d) New employees within Grade A or Grade B shall enter the grade at theminimum salary of the respective grade unless the exigencies of the Agencyotherwise demand and are approved by the Chief Executive of the Agency.e) Payment Schedule 2004 – 2006 will be as follows:2004 2005 200628 th January 28 th January 28 th January25 th February 25 th February 24 th February24 th March 25 th March 25 th March21 st April 22 nd April 22 nd April19 th May 20 th May 20 th May16 th June 17 th June 17 th June14 th July 15 th July 15 th July11 th August 12 th August 12 th August8 th September 9 th September 9 th September6 th October 7 th October 7 th October3 rd November 4 th November 4 th November1 st December 2 nd December 2 nd December29 th December 30 th December 30 th December17

APPENDIX C: Hours of Work(Vide Clause 10 – Hours of Work )a. Collection and Site Executives, Gallery Site Officers, Custodians andFront Office StaffWorking Hours (Malta and Gozo) 2004 – 2006: Report for work at 0830hrs and end work at 1715hrs Open to public at 0900hrs and remain open until closing time at 1700hrs Last admission at 1630hrs Break Times: 45 minutes in total. Breaks are to be staggered between Gallery /Site Officers, Custodians and Front Office AssistantsDay-shift systemA day-shift system to cover the 7-day, 52-week period shall be developed. This will bedependant on the available number of staff Heritage Malta will be able to take on.Extended Opening HoursMuseums and heritage sites will extend opening hours in summer and on any otheroccasion as required. Staff will be expected to perform overtime duties as and whenrequired to cover for such extended hoursb. General staff: Curatorial and Management, Administration and industrialstaff (excluding watchmen)Working Hours (Malta and Gozo) 2004 – 2006: Winter (1 st October – 30 th June)Monday to Friday from 0800hrs to 1700hrs Summer (1 st July to 30 th September)Monday to Friday from 0800hrs to 1600hrsEmployees working on these hours will have a break of 45 minutes in totalEmployees working on these hours will be permitted a flexible start- and end- time ofone hour as follows: 0800 – 0900hrs to 1700 – 1800hrs (winter) 0800 – 0900hrs to 1600 – 1700hrs (summer)The above schedules shall come into effect on Wednesday 16 th June 2004.18

APPENDIX D: Resignation or Termination of Employment(Vide Clause 8 - Resignation or Termination of Employment)Notice of resignation or termination of employment shall be of the following duration:-a) More than one (1) month but notMore than six (6) months service : one (1) weekb) More than six (6) months but notMore than two (2) years service : two (2) weeksc) More than two (2) years but notMore than four (4) years service : four (4) weeksd) More than four (4) years but notMore than seven (7) years service : eight (8) weekse) More than seven (7) years service : an additional 1 week forevery subsequent year ofservicef) Or such longer periods as may be agreed by the AGENCY and the employee incase of technical, administrative, executive or managerial posts.19

APPENDIX E:Check-off Authorization(Vide Clause 6 – Collection of Union Dues)CHECK-OFF AUTHORISATIONDate: ____________________________I, the undersigned, hereby authorise the AGENCY to deduct from my salaries the initialfees and the current amount of my Union dues as reported to you by the UNIONHADDIEMA MAGHQUDIN (UHM) and to remit the said amount to the Financial Secretaryof the UNION as my membership dues.This assignment is voluntary and I understand that I may revoke it at any time in writing.__________________________Signature_______________________Works No.Name (in blocks) and Signature______________________________________Witnessed by:_______________________________20

APPENDIX F: Disciplinary Procedure(Vide Clause 39 – Discipline)DISCIPLINARY PROCEDURE1.0 Disciplinea) The AGENCY requires all its employees to conductthemselves properly with high standards ofperformance and behaviour and to maintain thehighest levels of integrity.b) Levels of OffencesA distinction shall be made between Minor Offencesand cases of more serious or Gross Misconductc) Cases of Gross MisconductEach case shall be heard by a Disciplinary board setup for the purpose. The Board shall consist of aChairman and two members appointed by theAGENCY. The Chairman of the Board shall be eitherthe Chief Executive of the AGENCY or the Manager -Corporate Services. Minutes of the proceedings ofthe Disciplinary Board are to be taken.Such cases of Gross Misconduct shall include:- Dishonesty within and outside the AGENCY thataffects daily performance at work.- Theft, misappropriation and embezzlement ofAGENCY’s property- Malicious forgery of any AGENCY document- Unauthorised divulgation of AGENCY confidentialinformation to third parties- Abuse and/or misuse of AGENCY documents,computer data, software, records, etc.- Gross negligence in performance of duties- Wilful insubordination or failure to comply withany lawful and reasonable order of a superior- Repeated unauthorised and/or unjustifiedabsence from work- Wilful damage to the AGENCY’s property- Assault- Flagrant or repeated sexual harassment- Flagrant or repeated disregard of the AGENCY’srules and practices- Continuous poor performance- Unauthorised use of AGENCY hardware andsoftware to house and/or process personal and/orthird party data when such use is not connectedwith duties to the AGENCY- The abuse or distribution of illicit drugs and/oralcohol at work- Attending for work under the influence of drugsand/or alcohold) Minor OffencesDisciplinary hearings for Minor Offences shall beheard by the Manager – Corporate Services following21

a written report by the Department’s management.Such cases shall include:- Poor quality work- Poor attitude at work- Misconduct and/or persistent disobedience- Unwarranted unpunctuality including both latearrivals and early departure from work withoutauthorizationNote: repeated offences, even if considered‘minor’ of their own accord, will be treated asmore serious Gross misconduct2.0 General Proceduresa) The AGENCY will be represented at disciplinaryhearings by AGENCY officials who may be assistedby a consultant/legal advisor.b) Employees charged with any offence will be givenevery opportunity to state their case and to berepresented by their UNION and/or person of theirchoice. The number of persons assisting eachemployee shall be one (1), who may be a UNIONrepresentative.c) No person involved in the disciplinary proceedingsmay disclose to any person other than in the exerciseof this official function relative to such disciplinaryprocedures, the contents of any document,communication, or information whatsoever which hascome of his notice during the proceedings of thecase.d) The decision of the disciplinary board composed asstated above, shall be considered as final unless the22employee appeals in writing to the CEO within ten(10) days after the decision has been taken. In suchcases a new board will be set up consisting of achairperson in agreement with the two parties, arepresentative of the AGENCY and one of theUNION. The outcome of this board, which is to beconvened within one (1) month from the receipt ofthe written appeal, shall then be considered as final.3.0 Suspension from Worka) An employee may be suspended by managementduring the course of investigations and/or disciplinaryproceedings and/or criminal proceedings if hisretention, in the AGENCY’s opinion, is in conflict withhis duties and responsibilities in the AGENCY.The period of suspension for alleged offences withinthe AGENCY will not exceed one (1) year. Foralleged criminal offences outside the AGENCY therewill be no such limit.b) During the period of suspension regarding allegedoffences within the AGENCY the employee shallreceive half his/her salary. No pay shall be given toemployees suspended in connection with criminaloffences.c) If after the investigations by the AGENCY no actionis taken against the employee, of if such action istaken and the employee is found not guilty of whathe/she was suspended for, he/she will be fullyreinstated in his/her former post and refunded thepay withheld.

4.0 Disciplinary proceduresa) In all cases, the employee is to be issued with aspecific charge in writing within ten (10) working daysfrom the date of reporting of the alleged breach. Theemployee will acknowledge receipt of such letter ofcharge.b) Disciplinary proceedings are to be commenced withintwo (2) weeks of the date of the letter of charge.c) Cases of minor offences or misconduct should beconcluded within a maximum period of thirty (30)working days of commencement. Cases of grossmisconduct should be completed within three (3)months of commencement. The time limit may beextended by mutual agreement between theemployee and the AGENCY.5.0 Maximum Penaltya) The maximum penalty for Gross Misconduct shall beinstant and summary dismissal.b) The maximum penalty for Minor Offences shall be awritten warning.c) Any employee who receives a written warning willalso be liable to forfeit their annual increment thefollowing January, as outlined in this Agreement.d) Receipt of a second written warning within a twelvemonthperiod may render the employee liable to amaximum of one week’s suspension without pay.e) Receipt of three written warnings within a twelve (12)month period, may lead to dismissal.6.0 Time Recording and Late Attendancea) Employees shall record their time by such means asare provided by management.b) Management refuses to accept for the day’s workemployees who arrive for work more than one (1)hour late without prior authorisation or a justifiableexcuse. In such a case a day’s pay will be deducted.The event will be considered as unauthorisedabsence and shall be treated as a minor offence.The following deductions in pay are to be made incases of late attendance:-i) Lateness between six (6) to fifteen (15) minutes:-fifteen (15) minutes pay is to be deducted;ii) Lateness between sixteen (16) to thirty (30)minutes:-Thirty (30) minutes pay is to be deducted;iii) Lateness between thirty (30) minutes and one (1)hour:-One (1) hour pay is to be deducted.23

APPENDIX G: OPM Circular Dated 16.02.1996(Regarding Government Employees working with Government Entities)24

APPENDIX H: Closed Days 2004 – 2006All Museums and Sites will be open to the public throughout the year including Sundaysand Public Holidays, except for the following days:2004Good Friday 9 th April Public HolidayChristmas Eve 24 th December Shut Down (Leave)Christmas Day 25 th December Public HolidayNew Year’s Eve 31 st December Shut Down (Leave)2005New Year’s Day 1st January Public HolidayGood Friday 25 th March Public HolidayChristmas Eve 24th December Shut Down (Leave)Christmas Day 25th December Public HolidayNew Year’s Eve 31st December Shut Down (Leave)2006New Year’s Day 1st January Public HolidayGood Friday 14 th April Public HolidayChristmas Eve 24th December Shut Down (Leave)Christmas Day 25th December Public HolidayNew Year’s Eve 31st December Shut Down (Leave)25