collective agreement between the malta statistics authority and the ...

COLLECTIVE AGREEMENT BETWEEN THEMALTA STATISTICS AUTHORITYAND THEUNION ĦADDIEMA MAGĦQUDIN2005 – 2007PageINTRODUCTION 11. PREAMBLE 12. DEFINITIONS 23. RECOGNITION AND SCOPE 34. DURATION 35. SUBJECT MATTER 46. MANAGEMENT OF BUSINESS 47. UNION FUNCTION 48. UNOFFICIAL INDUSTRIAL ACTION 59. SETTLEMENT OF DIFFERENCES/DISPUTES 5(a)(b)Status QuoInterpretation of Collective Agreement Procedure10. GRIEVANCE PROCEDURE 6(a)(b)IndividualCollective11. GRADE STRUCTURE 712. RECRUITMENT INTO THE GRADE OF STATISTICS EXECUTIVE 713. RECRUITMENT INTO THE GRADE OF STATISTICIAN 714. SALARY STRUCTURE 915. PROBATIONARY PERIOD 9(a)(b)New EmployeesPromotions16. PROMOTIONS AND FILLING OF VACANCIES 1017. SENIORITY 1018. EXPERIENCE FOR THE PURPOSE OF APPOINTMENT,PROMOTION AND PROGRESSION 1119. COLLECTION OF UNION DUES 1220. RESIGNATION OR TERMINATION OF EMPLOYMENT 12

Page21. PAYMENT PROCEDURES 1322. FLEXIBILITY 1323. ENGAGEMENT IN OTHER WORK 1424. ANNUAL APPRAISAL REPORTS 1425. PERSONAL FILE 1426. DISCIPLINE 1427. COLLECTIVE AGREEMENT INCREASES 1828. SALARY ADJUSTMENTS ON PROGRESSION,PROMOTION AND UPGRADING 1929. PAYMENT FOR WORK HIGHER THAN ONE'S GRADE 1930. COLLECTIVE AGREEMENT INCREASES 1931. ALLOWANCES 1932. UNIFORMS 2033. HOURS OF WORK 2134. SHIFT WORK 2335. TIME RECORDING AND LATENESS 2436. OVERTIME 2537. PUBLIC HOLIDAYS AND VACATION LEAVE 2638. ABSENCE FROM WORK 2839. SICK LEAVE 2840. INJURY LEAVE 3041. SPECIAL LEAVE WITH PAY 31(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)Bereavement LeaveMarriage LeaveLeave on the Birth of a ChildMaternity LeaveAdoption LeaveJury/Witness ServicePolice InvestigationsSports and Cultural ActivitiesQuarantine LeaveStudy LeaveOverseas Duty Leave

Page42. SPECIAL LEAVE WITHOUT PAY 34(a) Special Circumstances(b) Special Study Leave(c) Vocational Leave(d) Voluntary Work(e) Parental Leave(f) Special Child Fostering Leave(g) Responsibility Leave43. REDUCED HOURS 3644. HEALTH AND SAFETY 3745. LEGISLATION 3746. INSURANCE COVERAGE 3747. CONFIDENTIAL MATTERS 3848. LIBRARY 3849. EX-GOVERNMENT EMPLOYEES SAFEGUARD 3850. CASUAL FIELD OFFICERS 3951. RETIREMENT 4052. CODE OF CONDUCT AND PRACTICE 4053. WELFARE FUND 4154. TRAINING 4155. FOREIGN AND LOCAL TRAINING AND VISITS ABROAD 4256. OTHER MATTERS 43APPENDICESAppendix 1: Categories of Employees and Corresponding Salaries 44Appendix 2: Check-off Authorisation 45Appendix 3: Allowances 461. Shift Allowance2. Team Leadership Allowance3. Fieldwork Allowance4. Qualification Allowance5. Use of Private Transport on Official Business6. Allowance to Gozitans working at the NSO and to Maltese working in GozoAppendix 4: Conditions Applicable Regarding Clause 39 Subsection c(iii) and c(iv) 48Appendix 5: Letter from OPM to UHM re ex-Government Employees Safeguards 49

COLLECTIVE AGREEMENT BETWEEN THEMALTA STATISTICS AUTHORITYAND THEUNION ĦADDIEMA MAGĦQUDIN2005 - 2007INTRODUCTIONThis agreement is made and entered into this 20th day of January 2006by and between the Malta Statistics Authority (MSA) and the UnionĦaddiema Magħqudin, a union officially registered under the IndustrialRelations Act XXX of 1976, which at the time of signing this Agreementrepresents the majority of employees of the Malta Statistics Authoritycovered by this Agreement.The Malta Statistics Authority and the Union declare that this Agreementis a contract that legally binds each party and that the terms andconditions of employment, which shall apply to employees of the MaltaStatistics Authority governed by this Agreement, shall be those agreed tobetween the MSA and the Union and as provided for in the Agreement.Any other agreement, whether written or otherwise is hereby rescinded.1. PREAMBLE(a) The MSA and the Union agree that a stable, peaceful and harmoniousrelationship between the management and the Union is mutuallydesirable in order that:i. Industrial unrest, which may well result in financial loss to theemployees and disruption of work at the MSA may be avoided;andii. The prosperity, welfare and the speedy and efficient operation inthe best interest of both the employees and the employer ispromoted.(b) The MSA and the Union enter into this Agreement and pledgethemselves to comply with its provisions and to co-operate in all goodfaith to uphold the principles embodied therein. Nothing contained in thisagreement can be changed without the written consent of both parties.

(c) The parties to this Agreement – meeting together in free and voluntaryassociation, to determine and afterwards to regulate the relationsbetween them, in the interests of mutual understanding and co-operation– have agreed to the following clauses forming part of this Agreement.2. DEFINITIONSIn this Agreement, the terms shown hereunder shall have the followingmeaning:(a) AgreementThe Collective Agreement entered into on 20 th January 2006 between theMalta Statistics Authority and the Union Ħaddiema Magħqudin.(b) MSAThe Malta Statistics Authority established by Section 3 of the MaltaStatistics Authority Act, XXIV, 2000.(c) Employee(s)Persons who have entered into or work under a contract of service, orpersons who have undertaken personally to execute any work or servicefor, and under the immediate direction of the MSA but excluding work orservice performed in a professional capacity or as a contractor for anotherperson when such work or service is not regulated by a specific contractof service.(d) UnionThe Union Ħaddiema Magħqudin (UĦM)(e) Director GeneralThe Director General of the National Statistics Office as established bySection 9 (2) of the Malta Statistics Authority Act, XXIV, 2000.2

(f) Masculine/FeminineThroughout this Agreement, unless specifically stated, the masculine shallinclude the feminine.(g) ConsultationConsultation is the exchange of views and the establishment of adialogue between the employer and the employees’ representatives.3. RECOGNITION AND SCOPE(a) The MSA recognizes the Union as the sole and exclusive bargainingagency for the categories of employees shown in appendix 1.(b) The MSA shall reserve the right to withdraw recognition if themembership of the Union should fall below 50% plus one of the number ofemployees covered by this Agreement.(c) It is agreed and understood between the parties that this Agreementis limited to and embraces only such matters as are specifically set forthin it.4. DURATION(a) This Agreement shall have effect from the 1 January 2005 and shallremain in effect until the 31 December 2007.(b) At any time after the 1 July 2007 (6 months prior to termination ofAgreement), either party may give notice in writing expressing its wishthat this Agreement remains in force for a definite period and/or itsintention to negotiate a new one. In the latter case, both parties shallengage in discussions on the terms and conditions of a new Agreement.(c) During the negotiations and, until a new Agreement is signed, thecontents of this Agreement shall remain in force.(d) In case no notice for revision is made the contents of this Agreementshall remain in force for a further period of one year. The effective date ofthe new Collective Agreement will come into force with effect from thedate of lapse of this Agreement.3

5. SUBJECT MATTER(a) This Agreement, reached between the MSA and the Union stipulatesthe terms and conditions of employment which shall apply to theemployees of the MSA covered by this Agreement.(b) If, during the currency of this Agreement the Union shall, for anyreason, cease to represent the majority of the employees as specifiedabove, the obligations undertaken by both parties by virtue of thisAgreement shall not thereby be affected.(c) If, during the currency of this Agreement, all or any of the MSA’semployees now belonging to the Union, form another union oramalgamate with another labour organisation, such a change or similarmove will not be deemed to affect in any way the employees’ or theMSA’s undertaking throughout this Agreement.(d) If, during the currency of this Agreement, the MSA is reconstructed orchanged in any way, such a change will not be deemed to adverselyaffect in any way the employees’ or the employer’s undertakingthroughout this Agreement.6. MANAGEMENT OF BUSINESSThe contracting parties agree that the management of the business ingeneral, and the operation of the MSA to execute all the various duties,functions and responsibilities thereto, is vested in the MSA in accordancewith the Malta Statistics Authority Act, XXIV, 2000. This agreement shallnot affect in any way the exercise of such authority.7. UNION FUNCTION(a) The MSA hereby agrees to accord all the necessary facilities to theaccredited representative(s) of the Union to carry out their bona fide tradeunion activities and to allow to these representatives up to a total of five(5) days per representative to be availed of from the working time percalendar year. Such time is to be utilized for trade union activities.(b) The MSA agrees to allocate a Notice Board to the Union andwhenever possible to help in the distribution of Union Circulars to Unionmembers.4

(c) It is mutually agreed that employees shall not be intimidated,threatened or coerced in any manner on Union matters. Neither shall anyUnion activity be engaged in MSA time and/or on MSA’s property, exceptwith the prior permission of the Management, which permission shouldnot be unreasonably withheld.(d) The MSA agrees to grant special leave with pay to Unionrepresentatives to represent Malta abroad in Trade Union seminars,meetings, etc. Proof of such seminars will be required for presentation tothe MSA within a reasonable time.8. UNOFFICIAL INDUSTRIAL ACTIONThe MSA and the Union agree that unofficial industrial actions aredetrimental to both the MSA and the Union and as such are not to besupported. It is further agreed that any employee who organizes and/ortakes part in any unofficial industrial action shall be liable to disciplinaryaction leading to dismissal.9. SETTLEMENT OF DIFFERENCES/DISPUTES(a) Status Quo: It is agreed that in the event of any differences arising,which cannot immediately be disposed of, an earnest effort will be madeto settle the matter amicably. Whatever practice or agreement existedprior to the difference shall continue to operate pending a settlement oruntil the agreed procedure has been exhausted.(b) Interpretation of Collective Agreement Procedure: In the case ofa dispute arising between the MSA and the Union, on any matterconcerning the interpretation or application of or compliance with theprovisions of this Agreement, at the request of either party, the MSA andthe Union should meet to discuss the dispute within forty-eight (48) hoursof such dispute arising. Should no satisfactory settlement be found, allparties shall endeavour to settle such dispute in accordance with Section22 (Voluntary Settlement of Trade Disputes) of the Industrial RelationsAct, 1976. If the matter is not amicably settled, it maybe referred forcompulsory settlement as governed by the Industrial Relations Act, 1976.(c) In cases where industrial action is to be initiated, the Union will givetwenty-four (24) hours notice in writing to the Director General.5

10. GRIEVANCE PROCEDUREIt is the intention of both parties to this Agreement to establish the meansfor the prompt disposal and amicable settlement of grievances.(a) IndividualWhen an employee considers that he has a justifiable grievance related tothe conditions of work or terms of employment, he may attempt to resolvethe matter as follows:i. As a first step, the employee must raise the matter with hisManager. Should his Manager not be able to settle thegrievance satisfactorily, the aggrieved employee should bringthe matter to the attention of the Director General;ii.If the grievance is not resolved within a reasonable period, aUnion representative shall, at the request of the employee,submit full details to the Director General. The Director Generalwill review the case and convey the decision to the employeeand the Union representative within a reasonable period, whichwill not normally exceed ten (10) working days;iii. The employee shall have the right to appeal from such decisionto a mutually agreed conciliator within ten (10) working dayswho will mediate between the parties within ten (10) workingdays. If this fails as well to resolve the grievance, recourse willbe had to the relative provisions of the Industrial Relations Actof 1976.(b) CollectiveAny grievance, real or alleged, which may affect all employees or theemployees in any one Unit, or any category of employees of the MSA, orany individual employee, may be raised by the Union with the DirectorGeneral. Except in the case of individual grievances the MSA and theUnion have a right to request a meeting, which, if requested, is to be heldwithin two (2) working days. If no agreement is reached at this levelwithin fifteen (15) days, the matter shall, at the written request of theUnion, be discussed between the Union and the Director General who willendeavour to reach agreement within fifteen (15) days, or within amutually agreed period. Should the procedure not lead to agreement, thematter shall be referred for compulsory settlement and the provisions of6

the Industrial Relations Act of 1976 governing such settlements shallapply.11. GRADE STRUCTUREThe grade structure for employees covered by this Agreement is shown inAppendix 1 of this Agreement. New grades are subject to consultationwith the Union.12. RECRUITMENT INTO THE GRADE OF STATISTICS EXECUTIVEa) Employees in the grade of Clerk with at least four (4) yearsexperience with the MSA may be promoted to the grade of StatisticsExecutive after going through an internal selection process successfully,to be determined by the MSA that would include:i. an interview that is meant to assess their suitability for furtheradvancement;ii. a full- and/or part-time course of studies in subjects to bedetermined by the MSA and which shall be held on dates andtimes and at venues as may be determined by the MSA.Employees undertaking these studies shall not be entitled to anyadditional compensation, financial or otherwise, for courses heldoutside their normal working hours;iii. any combination of project work, written papers andexamination/s to be determined by the MSA.b) The MSA undertakes to inform the Union of its intention to hold aninternal selection process for the post of Statistics Executive and of thecontents of and the rules and regulations governing this selectionprocess.13. RECRUITMENT INTO THE GRADE OF STATISTICIAN(a) Recruitment into the grade of Statistician will, in general and normally,be restricted to and made from amongst persons having at least a firstdegree in an area relevant to statistics.7

(b) The MSA, however, also recognises the merits of on-the-job trainingand the acquisition of valuable work experience. For this reason, theMSA may offer the opportunity for further advancement to persons in thegrade of Assistant Statistician through an internal and rigorous selectionprocess. This and without prejudice to the contents of sub-section (a) andprovided that the:i. provisions of this section shall not be interpreted in a way ormanner that may at any time constrain the MSA’s right to recruitgraduate Statisticians as per its rules and regulations;ii.recruitment of graduate Statisticians shall not, at any time, beconstrued as being dependent upon a first implementation of theprovisions of this section.(c) Internal recruitment as per sub-section (b), may be made according tothe human resource needs of the MSA and in terms of its rules andregulations in cycles of three (3) years starting on the 1 January 2003.Provided that, within each three-year cycle, not more than one internalselection process may be undertaken.(d) Employees in the grade of Assistant Statistician with at least ten (10)years work experience with the MSA or with the former Central Office ofStatistics, may be promoted to the grade of Statistician after goingthrough an internal and rigorous selection process successfully, to bedetermined by the MSA, that would include:i. an interview that is meant to assess their suitability for furtheradvancement;ii.an extended full- and or part-time course/s of studies insubjects to be determined by the MSA and which shall be heldon dates, times and at venues, either locally or abroad, as maybe determined by the MSA. Employees undertaking thesestudies shall not be entitled to any additional compensation,financial or otherwise, for courses held outside their normalworking hours;iii. any combination of project work, written papers andexamination/s to be determined by the MSA.8

(e) The MSA undertakes to inform the Union of its intention to hold aninternal selection process for the post of Statistician and of the contents ofand the rules and regulations governing this selection process.14. SALARY STRUCTUREThe salary structure for employees covered by this Agreement is shownin Appendix 1.15. PROBATIONARY PERIOD(a) New Employeesi. All employees in scales 1 to 5, on engagement, shall beconsidered to be on a probationary period of twelve (12) months.Those engaged in scales 6 to 11 shall be on a probationaryperiod of nine (9) months. During the first month of probation,either the MSA or the employee may give the other, one (1)day’s notice of intention to terminate employment; thereafter one(1) week’s notice or payment in lieu is required;ii.Unless the employee is informed in writing that:(a) his employment is being terminated, or;(b) his probationary period has been extended for not morethan another three (3) months;his employment will be automatically confirmed.iii. During his probationary period, the employee shall be entitled tosick leave and annual vacation leave in terms of law;iv. No other probationary period may be imposed.(b) Promotionsi. All employees shall on promotion be considered to be onprobation for a period of not more than six (6) months;ii.Unless the employee is informed in writing that:(a) his promotion is being reversed, or;9

(b) his probationary period had been extended for not morethan another six (6) months;his promotion will be automatically confirmed.iii.No other probationary period may be imposed.16. PROMOTIONS AND FILLING OF VACANCIESThe Malta Statistics Authority provides equal opportunity in employmentto all employees and applicants for employment.(a) Vacant or new posts shall be filled by an internal call for applications.This means that all employees in the MSA service may apply. Outsiderecruitment shall be resorted to only if MSA staff fails to meet therequirements of the vacant position.(b) Details of the filling of vacant posts will be made by circular and madeknown on the MSA’s notice boards through a call for applications issuedby the MSA specifying among other things the validity period.(c) The Promotion Selection Board shall consist of such number ofpersons as may be determined by the MSA, one of whom shall act asChairman nominated by the MSA Board.(d) The results of the Selection Board, duly approved by the Board of theMSA, shall be published by the MSA not later than four (4) weeks afterthe interview of the last candidate. The results, which will be placed onthe official notice board, will show the marks obtained by the candidatesand the order of merit. The Union will be given a copy of the result.(e) Refusal to accept a promotion shall not jeopardize an employee’sopportunity of future promotions.17. SENIORITYFor the purpose of reckoning seniority in any grade irrespective ofwhether the appointment is made on promotion or first employment thecriterion to be used is the date of appointment to that grade, subject to theconditions relating to a break in service as established below. In theevent that employees have the same date of appointment to the grade,seniority shall be determined on the following criteria:10

(a) the “order of merit” obtained in the qualifying selection test.(b) where the “order of merit” is equal, or not available, the previoushigher maximum of the grade held with the MSA.(c) where maximum were equal, the higher minimum salary held.(d) when on the same salary scale the earlier date of appointment to theprevious grade.(e) when date of appointment to the previous grade is the same, thelength of service with the MSA.(f) when seniority cannot be determined on the basis of (a) to (e) age willbe taken into consideration.(g) where length of service with the MSA requires to be determined, thefollowing rules shall apply:i. Previous service with the MSA or with the former Central Officeof Statistics in a higher or equivalent grade counts towardsservice in a lower grade;ii.iii.iv.When an employee is retained by the MSA for any unpaidleave, whatever the reason, such period of absence shall notbe deducted for the purpose of reckoning length of service;The service with the MSA shall be deemed to be forfeited whenan employee has voluntarily terminated his employment;In the reckoning of seniority, employees who are on leave onno pay with the MSA from Government Service shall have thatservice reckoned from the date of employment withGovernment.18. EXPERIENCE FOR THE PURPOSE OF APPOINTMENT,PROMOTION AND PROGRESSIONEmployees might be required to have a specified number of yearsexperience in a particular field in order for them to move ahead in theircareer stream. In the context of this agreement, the number of years ofexperience shall be construed to include all those years of service with11

the ex- Central Office of Statistics and its successor. For progression,appointment or promotion purposes, experience is computed on thefollowing basis:(a) Experience must be actual duties in the field specified. Any breaks inthese duties are not reckonable, with the exception of the following:i. maternity leave;ii.sick leave on full pay or half pay;iii. other paid or unpaid leave on grounds of MSA policy or not.(b) The exceptions in (a)(i), (a)(ii), and (a)(iii) are allowed provided,however, that not more than one year is allowed as reckonableexperience in respect of the three indicated excepted absences takentogether and, provided also that; in total, the three indicated exceptedabsences do not exceed 10% of the period of experience required.(c) All other periods of authorized leave or absences are not reckonableas experience but are considered as bridging the periods of experience.19. COLLECTION OF UNION DUESOn a written request (as per specimen shown at Appendix 2 to thisagreement) signed by the employees covered by this Agreement, theMSA will deduct from the salaries of the said employees, the Union duesand other fees, as they are at present or as may be in the future, and toremit these amounts to the Financial Secretary of the Union. If anyemployee submits a written request for such deductions to cease, theMSA shall accede to this request and immediately inform the Unionaccordingly.20. RESIGNATION OR TERMINATION OF EMPLOYMENT(a) All employees on completion of their probationary period shall berequired to have the following period of notice for termination ofemployment:i. Over one (1) month but not more than six (6) months: one (1)week;12

ii. Over six (6) months but not more than two (2) years: two (2)weeks;iii. Over two (2) years but not more than four (4) years: four (4)weeks;iv. Over four (4) years but not more than seven (7) years: eight (8)weeks;v. Over seven (7) years: an additional one (1) week for each year ofservice up to a maximum of twelve (12) weeks.(b) In cases of termination of employment for reasons other than asprovided for in the contract of employment, and, after consultation withthe Union, both the MSA and the employee shall give not less than thenotice required in accordance with the periods mentioned above, or payaccording to law.21. PAYMENT PROCEDURES(a) All employees shall be paid their annual salary in thirteen equalinstalments in arrears on the last day of the four-weekly period.(b) When the last day on which a payment is due falls on a PublicHoliday, the salary is paid a day earlier.(c) An error in the amount of money received must be reported by theemployee to the Accounts Unit as early as possible.(d) The MSA shall correct any errors in the amount of monies given toemployees in the first salary following the discovery of such errors.22. FLEXIBILITYIt is recognised that it will be to the ultimate benefit of the employees andthe MSA that the former be utilised efficiently and flexibly to meet theexigencies of the service without losing any benefits, salaries andallowances.13

23. ENGAGEMENT IN OTHER WORK(a) Every employee must devote his normal working time to the service ofthe MSA.(b) Any employee wishing to undertake any work outside working hoursmust obtain the MSA’s prior written authority; such authority shall not beunreasonably withheld. A decision shall be communicated to theemployee concerned with the least delay.(c) If this activity is, in the opinion of the MSA, in conflict with the interestof the MSA or the employee’s duties, past or present, or may in anydegree result in lower productivity or performance, authority will bewithheld. Disregard of the MSA’s instructions may lead to disciplinaryaction.24. ANNUAL APPRAISAL REPORTSPerformance Appraisal reports shall be drawn up for each employee. ThePerformance Appraisal system shall be devised in consultation with theUnion.25. PERSONAL FILEEmployees may peruse their personal file in the presence of a member ofthe staff of the Human Resources Unit.26. DISCIPLINE(a) Employees should comply with the MSA’s rules and regulations andwith proper standards of performance and behaviour and maintain thehighest levels of integrity, both inside and outside the MSA.(b) In order to maintain discipline, the MSA has the right to exercisediscipline over all its employees and to take such summary action as setout below. In carrying out its functions the MSA shall exercise fairnessand shall respect the rights of its employees as well as of their Union.(c) There shall be a Disciplinary Board, consisting of a Chairperson andtwo members, which will deal with Serious Offences. The Chairpersonshall be appointed by the MSA, agreed to between the MSA and the14

Union and his appointment shall be renewable annually. The two (2)members are to be from officers in the grades of Statistician or higher andappointed one by the MSA and the other by the Union.(d) Minor offences will be dealt with by the Chairperson or his deputy.Minor offences are punishable by disciplinary action ranging from a verbalwarning, which may be confirmed in writing, to suspension without pay fornot more than one (1) working day. The employee may appeal from theChairperson’s decision to the Disciplinary Board. Any employee whoutilises this proviso to appeal from a decision regarding a Minor Offenceshall not have recourse to an Appeals Board.(e) Serious Offences may result in suspension without pay, withholding ofincrement/s, demotion or dismissal as shall be decided by theDisciplinary/Appeals Board. If circumstances so warrant agreement maybe reached between the MSA and the Union to amend the composition ofthe Disciplinary Board prior to the commencement of hearings.(f) In all disciplinary cases, except as specifically referred to hereunder in(g), the employee is to be issued with a specific charge in writing withinfourteen (14) working days from the date of the alleged breach beingreported to the Management. The employee will acknowledge receipt ofsuch letter of charge.(g) Notwithstanding the provisions of (f) above, the MSA and the Unionhereby agree that in the cases of Serious Offences where theinvestigative report is submitted in a period beyond fourteen (14) workingdays due to circumstances beyond the control of the MSA, resulting insuch a charge not being raised within the prescribed period, the MSAwould still have the right to issue a charge leading to disciplinaryprocedures without there being any prescription, in terms of (f) above toexonerate guilt and/or dismiss the case.It is also understood that the investigations are an absolute priority andthe MSA commits itself that such resources shall be dedicated as isnecessary in cases that could possibly lead to disciplinary action.(h) The employee should inform the MSA in writing within fourteen (14)working days of the receipt of the charge, stating whether he accepts thecharge or not. If no reply is received within the stipulated time, it would beconsidered that the charge has been accepted uncontested.(i) The employee will be given an opportunity to defend himself and to be15

assisted by persons of his choice. The MSA shall be represented by MSAofficials and/or other persons of its choice.(j) Both the MSA and the employee reserve the right to request anyinformation, documentation or to call any person to give witness duringthe hearing of the charge.(k) An employee may be suspended during the course of an investigationand/or disciplinary proceedings and/or criminal proceedings if hisretention, in the MSA’s opinion, is in conflict with his duties andresponsibilities within the MSA. During the period of suspension (whichunless there be criminal proceedings against him shall not exceed six (6)months) the employee shall receive at least half (1/2) his salary.(l) If after the investigation no action is taken against the employee or ifsuch action is taken the employee is found not guilty of what he wassuspended for, he will be fully reinstated in his former post. Any moneysdeducted and any legal expenses incurred will be fully reimbursedtogether with any vacation leave due to him.(m) In any case where the employee is found guilty of the charge madeagainst him but he is not discharged by the MSA, the MSA will reimbursehim the difference between the emoluments retained as aforesaid andany penalty inflicted.(n) Both the MSA and the employee may appeal from a decision taken bythe Disciplinary Board to a Board of Appeal. Such an appeal is to bemade in writing within two (2) weeks from the date the decision iscommunicated to the parties.(o) There shall be a Board of Appeal consisting of three persons, viz:Chairperson:from the Board appointed in terms of sub-section (c) above and who shallnot be the person chairing that particular Disciplinary Board and whoseappointment shall be renewed annually by agreement.Two Members:to be nominated, one by the MSA and one by the Union.All expenses (honoraria) are to be borne by the MSA .(p) If an appeal is lodged, no disciplinary measure decided by the Boardof Discipline will be applied until the Board of Appeal has dealt with the16

case. In any case the appeal has to be heard by not later than three (3)weeks from the date the appeal is made. The decision of the Board ofAppeal is final, without prejudice to the individual’s own rights at Law.(q) Both parties can request a copy of the minutes of previous disciplinaryboard meetings.(r) No member of the Board of Discipline/Appeal may disclose to anyperson other than in the exercise of his official functions, the contents ofany document, communication or information whatsoever, which hascome to his notice during the proceedings of the Board. Furthermore, theprovisions of the Official Secrecy Ordinance must be observed at alltimes.(s) There shall be two levels of offences namely: Serious Offences andMinor Offences.(t) The following shall be considered as “prima facie” Serious Offences:i. Theft, misappropriation, embezzlement of MSA property;ii. Malicious forgery of any MSA document;iii. Behaviour rendering a member of staff incapable of carrying outhis duties;iv. Continuous poor performance;v. Conduct inside or outside the MSA unbecoming of an MSA’sstaff member;vi. Disregard to MSA’s rules and regulations including the Code ofConduct and Practice;vii. Unauthorised divulgation of MSA confidential information tothird parties;viii. Causing willful damage to MSA property;ix. Abuse and/or misuse of MSA documents, computer data,software, records, etc. to the detriment of the MSA;x. Gross negligence in the performance of duties;xi. Willful insubordination or failure to comply with any lawful andreasonable order of a superior;xii. Repeated unauthorised and/or unjustified absence from work;xiii. Physical assault and/or intimidation;17

xiv.xv.xvi.Harassment on the basis of race, national origin, religion,politics, disability, pregnancy, age and sex;Carrying out private business during office hours on MSApremises;Any other offence considered as serious.(u) Such disciplinary measures do not prejudice the right of legal action,which the MSA and/or the individual may initiate to safeguard its/hisinterests. The Disciplinary Board may refuse to deal with cases it doesnot deem as being serious offences.(v) Penalties for Serious Offences may lead to summary suspensionfollowed by eventual dismissal if so decided by the DisciplinaryBoard/Appeals Board.(w) Disciplinary proceedings are to commence with all possible haste, butin no case are to protract beyond:i. Six (6) months for Serious Offences;ii. Three (3) months for Minor Offences.unless both parties (i.e. the MSA and the Union) agree that an extensionis necessary in the better interest of justice.(x) In the case of suspension from work, the proceedings will start withinseven (7) days from the date of suspension. However if a suspension isenforced pending the conclusion of an investigation, proceedings will startwithin seven (7) days from the end of such an investigation.27. COLLECTIVE AGREEMENT INCREASES(a) The new collective agreement increases incorporated in Appendix 1of this agreement are inclusive of any cost of living increases that may beawarded periodically by Government and shall be awarded on the date ofappointment of each respective employee.(b) In cases where the collective agreement increases awarded underthis agreement are less than the cost of living increases awarded byGovernment, the full cost of living increase is to be granted to employees.Such a cost of living increase shall be awarded on the date that isdetermined by Government for its employees.18

28. SALARY ADJUSTMENTS ON PROGRESSION, PROMOTION ANDUPGRADINGOn progression, promotion or upgrading, employees shall receive:(a) either the minimum salary of the new grade; or(b) their salary before progression plus one (1) increment in the newscale plus any sum required to fit exactly in a notch of the new scale; or(c) their salary before promotion/upgrading plus two (2) increments in thenew scale plus any sum required to fit exactly in a notch of the new scale;whichever is the higher, provided that the maximum salary of the newgrade shall not be exceeded.29. PAYMENT FOR WORK HIGHER THAN ONE’S GRADE(a) When an employee is directed to perform duties higher than his grade(i.e. “acting appointment”), this has to be in writing and will be endorsedby Director General on the Unit Head/Manager’s recommendation. Theduration of this work is to be determined on appointment.(b) The employee is to be paid a salary equivalent to the minimum of thehigher grade or an increase of a “notch” of the grade in which theemployee is performing duty, whichever is the higher.30. COLLECTIVE AGREEMENT INCREASESCollective Agreement Increases are to be granted on completion of firstyear of service and on every year thereafter unless postponed for reasonsspecified in Clause 42 – Special Leave Without Pay, or as a result ofdisciplinary action as contemplated in Clause 26 – Discipline.31. ALLOWANCESThe MSA will grant allowances as shown in Appendix 3 of thisAgreement.19

32. UNIFORMS(a) The MSA shall provide messenger/driver staff with a uniform. Belowis a list of the items of uniform they shall be entitled to:(i) Winter:• Blue jacket (single breasted) (one every three (3) years);• Blue trousers (one pair yearly);• White shirt (two yearly);• Dark blue tie with Logo embroidered on it (one yearly);• Raincoat (one every four (4) years);• One (1) pair of shoes (one pair yearly);• Socks black (two (2) pairs yearly);• Pullover Dark Blue (two (2) every three (3) years).(ii) Summer:• Grey trousers – one pair (every summer);• White shirt with half sleeves and 2 pockets (twoevery summer);• One pair of shoes (one pair yearly);• Socks black (2 pairs every summer).(iii) Female messenger/drivers shall be entitled to the same issues astheir male counterparts, with the exception of the trousers, whichmay be replaced by skirts.(iv) Messenger drivers who become entitled to a uniform for the firsttime receive the following items:• Winter: Jacket, trousers, shirt and tie – two (2) on first issueand normal entitlement after two (2) years;• Summer: Trousers – two (2) pairs on the first issue and one(1) pair every two (2) summers; Shirts – normal entitlement.20

(b) The MSA shall provide Survey Interviewers at the Airport/Seaportwith a uniform. Below is a list of the items of uniform they shall be entitledto:• Jacket (one (1) every three years);• Trousers and/or skirt (two (2) per year);• Shirt or blouse (two (2) per year);• Tie or scarf (one (1) per year);• Shoes (two (2) pairs per year).(c) Failure to wear uniforms will render staff liable to disciplinary action.33. HOURS OF WORK(a) Staff will choose their working hours from the following three workschemes and related modules in winter and two work schemes andrelated modules in summer in such a way that they will effectively work a40-hour five-day week.WINTERScheme 130 minutes breakSUMMERScheme A15 minutes breakModule 1 Module 107:30 12:45 07:30 12:0013:15 16:15 12:15 14:45Module 2 Module 208:00 12:45 08:00 12:0013:15 16:45 12:15 15:15Module 3 Module 308:30 12:45 08:30 12:0013:15 17:15 12:15 15:45Module 409:00 12:4513:15 17:4521

WINTERSUMMERScheme 290 minute breakbetween 11:00 and 15:00 atemployee’s optionModule 107:30 17:15Module 208:00 17:45Module 308:30 18:15Scheme 345 minutes breakScheme BNo breakModule 1 Module 107:45 12:30 07:30 13:3013:15 17:15Module 2 Module 208:15 12:30 08:00 14:0013:15 17:45Module 3 Module 308:45 12:30 08:30 14:3013:15 18:15(b) Staff opting for a module under Schemes 1 and 2 will opt for acomplementary module under Scheme A and work the Winter schedulefrom 13 September to 30 June and the Summer schedule from 1 July to12 September.Staff opting for a module under Scheme 3 will opt for a complementarymodule under Scheme B and work the Winter schedule from 1 October to15 June and the Summer schedule from 16 June to 30 September.(c) Provided that:i. the choice of working hours will be indicated to the MSAmanagement by each employee when directed to do so;ii. such choice will be binding for at least one calendar year;iii. management reserves the right to implement a particular workmodule only if it is chosen by at least 30 per cent of all employeesregulated by this Collective Agreement.22

34. SHIFT WORK(a) Certain categories of employees shall work on a shift basis fromMonday to Sunday on twelve (12) hourly basis as follows: day, off, night,rest. The Management may introduce, amend or remove shifts if workexigencies demand so, in consultation with the Union.(b) Employees who normally work on a shift basis are entitled to sixteen(16) days vacation leave which are equivalent to twenty-four (24) daysvacation leave.(c) Employees who work for less than half an average day’s work on aSunday receive extra payment equal to an average day’s pay less thesalary element for the work performed (i.e. one day’s pay less an amountrepresented by the number of hours worked multiplied by the plain actualhourly rate).(d) Employees who work for half a day’s work or more on a Sundayreceive extra payment equal to the salary element for the work performed(i.e. the number of hours worked multiplied by the plain hourly rate).(e) Employees who work on Public Holidays are remunerated at one anda half times plain actual time rate for any work performed on a PublicHoliday, subject to a minimum of a day’s pay.(f) Employees on shift duty:i. are allowed a day off in lieu when they happen to be “off duty”on a public holiday or, when this is not possible within onemonth, an extra day’s payment;ii.iii.when on the other hand, they happen to be “on duty” on apublic holiday, they are granted compensation as provided atsub- section (e);if they are required to attend for work on a public holiday, onwhich they are “off duty” they are granted compensation asprovided at sub-section (e), in addition to the extra day offreferred to at paragraph f(i) above.(g) Whenever a public holiday occurs during any period of leave, nodeduction is made for that day from the leave entitlement.23

(h) Employees on shift duty who happen to be on duty on a public holidaywhich falls on a Sunday, should be compensated by an extra day off, inaddition to compensation at sub-section (e). This entitlement should notbe construed to be additional to the provisions of sub-section 34(b).35. TIME RECORDING AND LATENESS(a) All employees in all grades must record their actual arrival at theirplace of work electronically. At the end of the day and before leaving theirplace of work they must record electronically their actual time ofdeparture.(b) Any lateness should be explained to the Director General or hisrepresentative, who may authorise the waiving of any penalty if ajustifiable reason can be given.(c) Any employee reporting for work late shall have his pay deducted on apro rata basis and calculated to the nearest quarter of an hour in respectof his late coming.(d) The MSA may suspend, for the rest of the day, any employee whopresents himself for work more than sixty (60) minutes late. Alternatively,if the MSA decides not to suspend the employee, a proportionate amountwill be deducted from his salary and calculated to the nearest quarter ofan hour.(e) Any employee reported absent from his place of work during workinghours without permission, or without proper justification, will have aproportionate amount deducted from his salary and calculated to thenearest quarter of an hour and shall also be liable for disciplinary action.(f) The fines mentioned in sub-sections (c) (d) and (e) shall be deductedfrom the employee’s subsequent month’s salary.(g) If the employee wishes to make any representation regarding anysuch disciplinary action, he may present his case to the Director Generalin writing.(h) All employees must sign the Temporary Absence Book on leaving theoffice on both official or private business.24

36. OVERTIME(a) The MSA and the Union agree that working of overtime as a policyshould be avoided but they consider that all work performed before orafter the employee's scheduled time-table as per clause 33 - Hours ofwork, is deemed to be overtime unless an allowance is applicable in lieuof overtime.(b) Employees are expected to work overtime when in the MSA’s opinioncircumstances so necessitate.(c) Where overtime is required to update backlog work at least one (1)day’s notice must be given.(d) Management may exempt an employee from working overtime for avalid reason.(e) Overtime should be paid for actual time worked except that theemployee’s monthly total will be rounded up to the nearest quarter of anhour.(f) Grades in salary scale 1 shall not be entitled to overtime pay.However, the Director General may authorize overtime payment at thehighest rate payable provided that these officers would be required toperform such overtime on a continuous basis for more than one month.(g) Overtime will be paid at the following rates:i. Monday to Saturday At basic hourly rate x 1.5 for each hourworked;ii. Sundays At basic hourly rate x 2 for each hourworked;iii. Public Holidaysprovided that:At basic hourly rate x 2 for each hourworked.i. The maximum rate of overtime payment shall be pegged to themaximum of salary scale 3;ii. Basic rate shall be basic weekly wage divided by 40;iii. Payment for overtime on Sundays and Public Holidays is subjectto a minimum of an ordinary day’s pay.25

(h) No employee is obliged to work more than twenty five (25) hoursovertime in any calendar month.(i) All employees attending local courses/seminars at the MSA’s request,run after office hours, shall be entitled to overtime pay or time off in lieupro rata at time and a half, at the option of the employee. Provided thatthe provisions of this sub-section shall not apply to those employeestaking part in the selection process for the grade of Statistician in terms ofclause 13.37. PUBLIC HOLIDAYS AND VACATION LEAVE(a) Employees are entitled to twenty-four (24) days vacation leave asprescribed by law. An employee who has been in employment with theMSA for less than a year shall be entitled to vacation leave in proportionto the number of months in employment during that particular year.(b) All employees shall be entitled to paid public holidays as prescribedby legislation.(c) Every request for vacation leave must be made at least three (3)working days before the commencement of the vacation leave except inreasonable circumstances.(d) Any request for vacation leave must have the permission ofmanagement before it becomes applicable.However, in compelling and exceptional cases, the management reservesthe right to stop approved vacation leave or part of it according to itsbusiness exigencies. In this case, employees will have the right tochoose other dates for their vacation leave.(e) Accumulation of vacation leave, from one year to another will not bepermitted unless an employee applies for such leave in advance and notlater than the end of November, giving reasons for the request and isgranted permission by the Director General to do so, provided that theemployee substantiates the reasons given with documentary evidencewhere possible.26

(f) Accumulation of vacation leave for two (2) consecutive years will notnormally be allowed. However, in special and exceptional circumstances,the accumulation of vacation leave for two (2) consecutive years may beauthorized by the Director General.(g) Should an employee fail to partake of all his vacation leaveentitlement during the current year because of exceptional circumstancesarising out of the exigencies of the MSA, he shall have the option ofaccumulating his leave or getting paid for it (up to a maximum of 10 days)provided that:i. the accumulation of, or the payment for any non-availed ofvacation leave shall only be allowed when exceptionalcircumstances within the MSA make it impossible for theemployee to avail himself of his vacation leave entitlementduring the year;ii. the existence of such exceptional circumstances areestablished and approved by the Director General;iii.the accumulation of, or the payment for such vacation leavedue to such exceptional circumstances does not take place intwo (2) consecutive years.(h) Full-time employees may avail themselves of five (5) days from theirvacation leave entitlement on a half-day basis during the winter months.Employees may not opt for more than five (5) half-days in the mornings.(i) All employees will be entitled to avail themselves of five (5) workingdays consisting of forty (40) hours to be taken in one-hourly periods.(j) Requests for long vacation leave in excess of ten (10) working daysshould be made at least ten (10) clear working days before thecommencement of the vacation leave.(k) The Director General may grant additional leave of up to five (5)working days in a year to accompany a sick relative (partner, child,parent) for medical treatment abroad. Provided that a medical certificatedrawn up by the competent medical authorities is produced.(l) Employees shall avail themselves of their vacation leave entitlementat the exigencies of the MSA.27

38. ABSENCE FROM WORK(a) Employees who absent themselves from work without prior authorityand without any justifiable reason, and without signing the TemporaryAbsence Book (Clause 35(h)) may be subject to disciplinary action interms of Clause 26 – Discipline, besides the deduction of pay for eachday of absence.(b) Employees who absent themselves from work must notify theirimmediate superior or Director General or his representative within one(1) hour of official commencement of work.39. SICK LEAVE(a) All ex-Government pensionable employees may, in any twelve (12)months, be allowed sick leave on full-pay for a period not exceeding six(6) months in the aggregate and may be granted certified sick leave onhalf-pay for a further period not exceeding six (6) months in the aggregateprovided that the aggregate sick leave periods on full-pay and half-payshall not exceed twelve (12) months during a period of four (4) years orless. Otherwise no pay shall be granted.(b) At any time before the expiration of the first six (6) months of certifiedsickness, the MSA reserves the right to submit the employee to anexamination by a medical board appointed by the MSA in order todetermine his state of health and fitness for further service. The MSA afterconsideration of the recommendations contained in the medical reportmay call upon the employee to retire on grounds of ill health. Hisretirement shall take effect as from the date following that on which thesick leave on full-pay expires. Otherwise, he may, subject to theconditions laid down by the MSA, be granted half-pay for a further periodsubject to the condition set out in paragraph (a) above.(c) All other employees shall be entitled to the following sick leave withpay in every calendar year:i. Up to six (6) months continuous service – two (2) working dayson full -pay for every month’s service;ii.After six (6) months continuous service – thirty (30) workingdays on full -pay and thirty (30) working days on half-pay in anycalendar year;28

iii.iv.In cases of hospitalization or long serious illness, as perAppendix 4 of this Agreement, certified by the MSA’s medicalofficer or any Consultant appointed by the MSA, when anemployee has exhausted his sick and vacation leaveentitlement the MSA may consider extending the sick leaveentitlement referred to in (i) and (ii) above;In cases of hospitalization or serious long-term sickness, as perAppendix 4 of this Agreement, certified by the MSA’s medicalofficer or any Consultant appointed by the MSA, employeesmay, after having exhausted the annual sick and vacation leaveentitlement, make use of any sick leave entitlement not availedof in the previous three (3) years.(d) An employee who is granted sick leave on the recommendations of amedical board shall not be permitted to return to duty before undergoing amedical examination and being pronounced fit for duty.(e) MSA employees shall be entitled to avail themselves of unutilized sickleave on full-pay as pre-retirement leave on the following basis; one (1)day’s leave for every two (2) of unutilized sick leave, immediatelypreceding their retirement on reaching the age limit, provided that aperiod of pre-retirement leave must be continuous and cannot exceed atotal of three (3) calendar months. When on such leave, an officer willreceive his/her substantive salary. The position occupied by an employeeon pre-retirement leave will be considered as vacant with effect from thedate when the employee commences the pre-retirement leave.(f) Notice of absence due to illness is to be given to the Director-General,or his representative as early as possible on the same day of absenceand in any case not later than one (1) hour after reporting-in time.(g) If an employee reports sick and needs to visit a clinic/hospital, he is toinform the Director General or his representative beforehand, stating thetime when he is expected to be away from his residence. If the employeeis not found at home by a medical doctor detailed by the MSA (exceptduring the period referred to above), he may be liable to disciplinaryaction and to the withholding of one (1) day’s pay.(h) Employees may be subject to examination by a medical doctordetailed by the MSA (not necessarily on the first day of sickness).29

(i) Absence must be covered, from the first day of sickness, by a medicalcertificate on the prescribed National Insurance Form, which certificatemust be renewed as necessary to cover the full period of illness. Anordinary medical certificate must be presented should an employee fallsick abroad.(j) Payments in respect of sick leave shall be subject to deduction ofamounts to which the employee may be entitled under the Social SecurityAct. No such deductions will be made when the employee is receivinghalf-pay from the MSA.40. INJURY LEAVE(a) If any employee is injured in consequence of his duty, he will beentitled to leave with pay (and any allowances/additional remuneration towhich he would have otherwise been entitled) during the period of hismedically certified injury, provided such an injury is not the result ofnegligence on the part of the employee.(b) The period of paid injury leave is of one (1) year.(c) At any time during this certified injury leave, the MSA reserves theright to submit the employee to an examination by a medical boardappointed by the MSA in order to determine his state of health and fitnessfor further service. The MSA, after consideration of the recommendationscontained in the medical report, may after the lapse of one (1) year callupon the employee to retire on grounds of unfitness for further service.(d) The Manager of the injured employee is to immediately inform theDirector General or his representative of the accident. An injury reportmust be submitted by the following day, which should state whether theemployee has been admitted to hospital for treatment. Form NI 30 is tobe completed within the time stipulated by Government regulations.(e) The injured employee may be examined by a medical doctornominated by the MSA. He may also be asked to furnish proof that he isstill unfit for work by providing a medical certificate on the prescribedNational Insurance Forms.(f) An injured employee is to inform the Management when he is calledto appear before the Government Injuries Board. He is also toimmediately advise the Management of the Injuries Board’s proceedingsfollowing each appearance.30

(g) On cessation of the incapacity for work the MSA shall, within twentyone(21) days from an application made by the employee, re-instate theemployee in his former employment or, if the injury or disease has causeddisablement rendering the employee unfit for the former employment, inother suitable employment, if this is possible, provided that the applicationfor re-instatement by the employee shall be made in writing within seven(7) days of the cessation of the incapacity for work.This does not prejudice any legal right, which the MSA and the employeemight have.41. SPECIAL LEAVE WITH PAY(a) Bereavement Leave: All full-time staff shall be entitled to three (3)working days paid bereavement leave on the occasion of the death ofnear relatives, namely wife or husband, mother and father (or the personwho at the time was acting as mother or father), son and daughter,brother and sister. One (1) day is granted on the death of grandparentsand father/mother in-law.(b) Marriage Leave: Male full-time employees shall be entitled to five (5)working days paid leave on the occasion of their marriage. Female fulltimeemployees who opt to continue in employment after their marriageare entitled to marriage leave on the same basis as male employees.Bereavement and marriage leave referred to in the preceding paragraphs,shall only be availed of at a stretch and should not start later than the firstworking day following the occasion to which it refers.(c) Leave on the Birth of a Child: Male full-time employees shall beentitled to three (3) working days paid leave on the occasion of the birth ofa child. This leave is to be availed of at a stretch within fifteen (15) daysfollowing the occasion.(d) Maternity Leave: Female full-time employees shall be entitled tomaternity leave for absences from work because of pregnancy andconfinement for an uninterrupted period of not more than fourteen (14)weeks, of which thirteen (13) weeks shall be paid maternity leavewhereas one (1) week shall be special unpaid leave. This leave is to beavailed of at a stretch before, after or both when such occasion occurs.31

Provided that those eligible for such leave give notice in writing that theyshall be absent from work because of such confinement and, togetherwith such notice, they produce a signed medical certificate that indicatesthe expected date of confinement.For the purpose of the preceding paragraph, a confinement will be takento mean the birth of a child whether living or dead after seven months ofpregnancy.(e) Adoption Leave: Female permanent employees are entitled to six(6) weeks Adoption Leave from the day a child passes into their custody.Employees availing themselves of such leave shall thereafter serve theMSA for a period of not less than three (3) months.Those employees who fail to resume duty at the expiration of this leave,or who, having resumed work, resign or abandon their employmentwithout sufficient cause within three (3) months from such resumption,shall be liable to refund pro rata to the MSA a sum equivalent to theemoluments received during the Adoption Leave. Additionally they maybe allowed Special Leave Without Pay for a period not exceeding one (1)year to take care of adopted children.Male employees are entitled to three (3) days Adoption Leave with pay atthe time they take custody of a child.Special consideration for separate periods not exceeding three (3)months in aggregate will be given to requests for unpaid leave in thosecases of international adoptions involving lengthy processes abroad madeby both male and/or female employees.(f) Jury/Witness Service: Employees who are called upon to serve asjurors or to act as witnesses in criminal or MSA cases shall not suffer anyloss in wages in respect of the period they absent themselves from workfor the purpose of discharging this civic duty.(g) Police Investigations: Employees who are called by the PoliceAuthorities in order to help them in investigations shall be granted specialleave with pay for the duration of the detainment provided they are not thesubject of such investigations themselves and unless they are charged.(h) Sports and Cultural Activities: Employees nominated to representMalta in Sports and Cultural activities may be granted up to five (5)working days leave in any one (1) calendar year.32

Provided that such employees are nominated by the respective NationalAssociation and documentary evidence of such nomination is submittedto the Director General upon requesting such leave.Provided further that where employees may be required to representMalta in such Sports and Cultural activities for more than five (5) workingdays in any one (1) calendar year, the Director General may considersuch further requests provided the respective National Associationrequests and provides the Director General with documentary evidence ofsuch nominations.(i) Quarantine Leave: Employees who are precluded by the HealthAuthorities from attending to their duties due to a contagious diseasewithin their household shall be granted special leave with pay for theduration of their period of absence.(j) Study Leavei. Any period of study or training course which has been approvedby Management, is directly beneficial to the MSA’s needs and tothe employees’ further professional development. In such cases,the Management may require the employee to enter into anagreement in accordance with the provisions of Clause 55 andalso include a provision that the employee will not engage in anyother occupation during the course of his studies without thepermission of the Management;ii.A detailed report on the course undertaken will be expected ofeach employee who receives financial assistance by the MSA.Employees proceeding abroad on training or study courses maybe required to submit to a medical examination of fitness for suchcourse before leaving Malta;iii. Employees shall be granted leave with pay for the day/s whensitting for respective examinations, and will also include one (1)working day prior to examinations, unless the examination is heldon a working Monday when only one (1) day of leave will begranted.(k) Overseas Duty Leave: Employees who are required to attendinternational meetings abroad in connection with the work of the MSA andon days that are Public Holidays in Malta, shall be granted an additional33

one (1) day’s vacation leave. Such an entitlement applies only when theactual meeting falls on a Public Holiday.This entitlement is not applicable to those employees attending trainingcourses abroad.42. SPECIAL LEAVE WITHOUT PAY(a) Special Circumstances: A maximum of thirty (30) days unpaid leavemay be granted at the MSA’s discretion in any one (1) calendar year,subject to utilizing the vacation leave entitlement first. This period may beconceded in medical circumstances to employees and their immediatefamily, at the Director General’s discretion. Provided that this will beapplicable to employees with at least one (1) year service.(b) Special Study Leave: A period of absence of not more than three (3)months to undergo a course of study, even if the course is not directlyrelated to the MSA’s work, may be granted to employees who have beenin full and continuous employment of at least three (3) years. This specialstudy leave will be limited to a maximum of two (2) employees at any onetime.(c) Vocational Leave: Unpaid leave up to a maximum of six (6) monthsmay be granted to employees wishing to test their vocation of joining areligious order, subject to approval by the Director General.(d) Voluntary Work: Unpaid leave up to a maximum of six (6) monthsmay be granted to employees wishing to carry out voluntary work relatedto missionary service abroad subject to the presentation of appropriatedocumentary evidence and to approval by the Director General.(e) Parental Leave: MSA employees may avail themselves of:i. One (1) year parental leave per child, to look after young childrenbelow four (4) years of age;ii.A once only career break of another three (3) years as additionalparental leave without pay to take care of children under five (5)years of age.34

Parental Leave will only be authorised if satisfactory documentaryevidence is produced to prove that the employee concerned is a singleparent or that the spouse of the officer given Parental Leave is engagedon full-time employment for the duration of the Parental Leave.Employees wishing to avail themselves of Parental Leave are to declarethree (3) months in advance of the intended duration of their ParentalLeave and to inform the Director General accordingly. An extension ofthe duration applied for may only be conceded in exceptional cases. Thedeclaration of the intended duration is to be included with the employee’srequest for validation. The granting of Parental Leave, including theduration requested, is always subject to administrative discretion.(f) Special Child Fostering Leave: A period not exceeding one (1) yearmay be availed of by employees wishing to foster a child subject toapproval by the Director General and the provision of documentaryevidence to this effect by the Adoption and Fostering Panel of theDepartment of Family Welfare.Should the employee wish to foster another child, additional unpaid leavemay be allowed provided that not more than a total of one (1) year specialleave is availed of in every period of four (4) years. The fostering of morethan one (1) child at the same time will be regarded as one placement.If the reason for allowing unpaid leave for fostering is no longer applicablethe employee will have his/her unpaid leave terminated and the employeewill revert to the MSA’s employment.(g) Responsibility Leave: Employees with at least one (1) year servicewill be allowed to avail themselves of responsibility leave in order to takecare of a dependent elderly parent or dependent disabled child or spouseprovided the persons to be looked after are either living on their ownand/or else are declared to require care by a medical specialist.However, if the reason for which the responsibility leave as approved isno longer applicable, the employee will be allowed to resume dutiesprovided an advance notice of one (1) month is given. Except in specialcircumstances, employees who resume duties will not be allowed anyfurther responsibility leave before the lapse of a period of twelve (12)months from their resumption of duties.35

43. REDUCED HOURS(a) Employees may be allowed to work on a reduced timetable of eithertwenty (20), twenty-five (25) or thirty (30) hours per week subject to theunder-mentioned conditions provided the employee would havecompleted his probationary period. During such period, employees willretain their seniority and all benefits on a pro rata basis of full-timeemployees.(b) Approving authority: Requests by employees to work on a reducedtimetable are to be submitted to the Director General who will normally,work exigencies permitting, approve requests from employees who:i. are in the course of a period of unpaid parental leave or fromemployees who would, if they applied, have been entitled toparental leave. In these cases reduced hours will be alloweduntil the child reaches the age of eight (8) years;ii.are in the course of a period of responsibility leave or would, hadthey applied, have been entitled to responsibility leave;iii. are over fifty (50) years of age and produce a medical specialist’scertificate that for medical or serious humanitarian and familyreasons, they may not attend duties on full-time basis.(c) Employees on parental or responsibility leave will be allowed tosuspend the unpaid leave and return to work, provided that they apply towork on reduced hours at least one (1) month in advance of suspendingthe unpaid leave.(d) REDUCED HOURS FOR FURTHER REASONS: In the case of otheremployees, the approval of a request to work on reduced hours is at thediscretion of the Director General. It shall be possible for the DirectorGeneral, for operational reasons to revoke such a permit granted underthis paragraph to an employee to work on a reduced timetable, providedthat two (2) months’ notice in writing is given to the employee.(e) Employees on reduced hours will be entitled to vacation leave prorata to the number of hours they work and in accordance to existinglegislation.36

44. HEALTH AND SAFETYThe MSA and the Union agree that the health and safety of all employeesis of paramount importance. The MSA agrees to comply with all theapplicable occupational health and safety laws and regulations and toprovide a work environment as free as practicable from recognizedhazards. Moreover, the MSA agrees to involve the Union in aspects ofhealth and safety, if and when required to do so.(a) All employees are expected to comply with all occupational health andsafety requirements whether established by the MSA or by the relevantoccupational health and safety laws and regulations.(b) All new employees shall be required to take a medical examination atthe MSA’s expense. Additional examinations may also be required shouldcircumstances so necessitate.(c) Employees are to inform the MSA of any health condition or illness(such as infectious or contagious diseases) which could affect either thesafe performance of their jobs or the health of other employees.45. LEGISLATIONThe MSA and the Union agree that the benefits stipulated in thisAgreement will not be additional to any similar benefits provided for in anyexisting law or which may be introduced by new legislation during thevalidity period of this Agreement provided that the employees covered bythis Agreement shall receive the benefits most favourable to them.46. INSURANCE COVERAGE(a) The MSA shall subscribe to a Group Health Insurance schemecovering all employees. Employees shall also be given the opportunity toextend their subscription at their own expense to include dependants.(b) All employees shall be covered by the MSA’s liability insurance policyagainst accidents or disease arising out of and in the course of theiremployment with the MSA. Provided that such accident or disease is notdue to contributory negligence on the part of the employee or due to acontravention by him of any safety rules laid down by management.37

(c) Employees who are sent abroad on work or training shall be coveredby a travel insurance policy on a twenty-four (24) hour basis.(d) The MSA’s vehicles, which may be used by the employees of theMSA in connection with their work, are to be comprehensively insured soas to ascertain that – except in the case of proven negligence –employees would not be subject to any liability.47. CONFIDENTIAL MATTERS(a) All MSA employees shall sign a declaration not to divulge information.All employees are expected to be loyal to the MSA. They shall not at anytime during or after termination of employment divulge information to anyperson, company, corporation or organisation of any kind or nature exceptduring the ordinary course of their employment and as may be directed bythe MSA for the proper carrying out of the MSA’s business.(b) It is an offence for an officer to reveal confidential matters or retain orallow any unauthorised person to have in his possession an officialdocument without the right to do so. It is also an offence to fail to complywith any directive issued by the Director General or any personauthorised by the MSA with regard to the return or disposal thereof.(c) Employees not observing the rule of confidentiality will be liable todisciplinary action, which may include dismissal and/or may be proceededagainst as per the provisions of the Malta Statistics Authority Act, 2000.48. LIBRARYThe MSA shall provide a library for utilisation by the staff.49. EX-GOVERNMENT EMPLOYEES SAFEGUARDEx-Government employees who opt to be employed with the MSA shallbe covered by the provisions of OPM letter dated 16 th February 1996addressed to the UHM (Appendix 5 of this Agreement).38

50. CASUAL FIELD OFFICERS(a) The MSA agrees to employ all those employees who on the date ofthe signing of this agreement were employed as Casual Field Officers onan indefinite contract and to integrate them into the new organization andgrading structure of the MSA.(b) All Casual Field Officers, hereinafter referred to as employees, will begiven the opportunity to work either on a part-time or a whole-time basis.(c) Employees opting for full-time employment will work in accordancewith the terms and conditions applicable to other whole-time employees.(d) Employees opting for part-time employment will work either a 25- or a30-hour week.(e) Employees opting for part-time employment will retain the right ofswitching to full-time employment at any future date provided they givethree (3) months notice of their intentions to the MSA.(f) Employees opting for whole-time employment whether immediately orelse after having worked on a part-time basis for a period of time shallforfeit their right of working on a part-time basis for the MSA. However,they may request to work on a reduced working week in accordance withthe provisions of this agreement.(g) Employees working on a part-time basis shall be entitled to the prorata leave entitlements applicable to whole-time employees working a 40-hour week.(h) The pro rata leave entitlements referred to at sub-section 7 of thisclause are computed as follows:i. Part-time employees working a 25-hour week – one half (1/2) ofthe full entitlement;ii.Part-time employees working a 30-hour week – three-fourths(3/4) of the full entitlement.39

51. RETIREMENTEmployees are to retire from work in accordance with the legal provisionsin force from time to time.52. CODE OF CONDUCT AND PRACTICE(a) The Code of Conduct and Practice demands the exercise of thehighest professional standards on the part of all MSA employees andencapsulates the enduring principles guiding the production anddissemination of official statistics. These are enshrined in the sevenprinciples of statistical integrity, impartiality, reliability, objectivity,relevance, statistical confidentiality and transparency – basic principlesthat the MSA expects all its employees to respect and observe.(b) Employees are to conduct themselves in line with the Code ofConduct and Practice, a copy of which will be handed to each employee.(c) In carrying out their statistical work, employees have clear and distinctobligations towards their funding agencies, society at large, the dataproviders and users and their professional colleagues. Therefore, incarrying out their statistical work, employees are expected to:i. Operate with the utmost honesty, independence and integrity;ii. Produce statistics in an objective, scientific, and unbiasedmanner;iii. Be open about all aspects of the statistical process;iv. Continuously seek to improve their professional competence,with respect to both their technical and management skills;v. Set challenging service and quality standards and seek toachieve them;vi. Continuously seek to provide better value for money;vii. Maintain the relevance of their statistical activities to the needsof Parliament, the Government and the wider community;viii. Provide statistics that are fit for the purpose intended;ix. Complement statistics with interpretation and statistical advice;x. Make statistics accessible to all;xi. Place the minimum load necessary on data providers and treatthem with honesty;xii. Respect the confidentiality of all information given inconfidence;40

53. WELFARE FUND(a) The MSA and the Union agree to the setting up of a Welfare Fund forthose employees who voluntarily opt to participate in it. The two partiesagree to extend all possible support to this initiative provided that this fundis used exclusively to provide humanitarian and financial assistance to theemployees in accordance with the statute of this fund.(b) The Welfare Fund shall be managed by a Welfare Fund Committeeof five (5) members of which three (3) shall be elected by the subscribedmembers of the Welfare Fund, one (1) shall be appointed by the Unionwhile another one (1) shall be appointed by the MSA.(c) The Welfare Fund Committee shall be renewed every two (2) years.(d) The Welfare Fund Committee shall regulate its own proceedings. Itshall keep minutes of its meetings and proper books of accounts inrespect of the Welfare Fund.(e) Every employee who intends joining the fund is required to submit awritten application to the Welfare Fund Committee.(f) The members of the Welfare Fund agree to contribute Lm1.00 permonth to the fund. Such an amount will be deducted from the members’salary on a monthly basis.(g) The members of the Welfare Fund will also authorize the AccountsUnit to deduct their annual contribution from their salary and its transfer tothe Welfare Fund.(h) The Welfare Fund’s Committee is required to provide the HumanResources Unit of the MSA with an updated list of its members.(i) The books of accounts of the Welfare Fund shall be subject to regularinspections and audits by the MSA’s external auditors.54. TRAININGThe MSA shall encourage its employees to undertake courses of studiesthat enhance their knowledge and potentialities, especially in fieldsrelated to its line of business. The employees shall endeavour toundertake such studies and to improve their knowledge of andcompetencies in fields related to the MSA’s line of business.41

55. FOREIGN AND LOCAL TRAINING AND VISITS ABROAD(a) Employees who proceed on official visits or training abroad as may bedecided by the MSA shall be given adequate allowances and allexpenses including transport and accommodation if not covered by thesubsistence allowance. The rates of allowance shall be the same asthose granted by Government.(b) Foreign and local training grants and benefits may be terminated bythe MSA if the employees’ course performance, examinationachievements, attendance or conduct fall below acceptable standards tothe college or institution concerned, or the employee concerned isinvolved in activities detrimental to study progress or the reputation of theMSA.(c) Employees covered by the Agreement who accept training abroad atthe full cost of the MSA, will be required to sign an undertaking that is thesame as that applicable in Government service. Any employee who doesnot honour such contracted obligations, will be bound to pay thecontracted fine/s stated in his individual contract. Where the cost ofoverseas training is not fully subsidized by the MSA, the levels ofobligation or fines will be reduced in proportion to the other subsidy.(d) Employees covered by this Agreement who accept full-time or parttimetraining in Malta under the normal terms of remuneration will berequired to sign an undertaking that is the same as that applicable inGovernment service.(e) Where employees are following MSA-authorized Distance Learningcourses, the contractual penalties will be determined on the basis of subsection(c) for cumulative cost of overseas tutorials and special trainingmaterials. Sub-section (d) will apply to absent training time spent inMalta.(f) Penalty clauses may not apply, subject to the approval of the DirectorGeneral after consultation with the MSA Board, to short-term full-timecourses of less than 15 days’ duration, whether in Malta or overseas.42

56. OTHER MATTERSProcedures not covered by this Agreement will be decided upon by theMSA after consultation with the Union. The Public Service ManagementCode may be referred to as a point of reference for matters not covered inthis Agreement.Reno CamilleriChairmanMalta Statistics AuthorityGaetan TantiPresidentUnion Ħaddiema MagħqudinAlfred CamilleriDirector GeneralNational Statistics OfficeJesmond BonelloSecretaryPublic Entities SectionMario VellaOffice RepresentativeAntoine FarrugiaAssistant Office Representative20 th January 2006Date43

APPENDIX 1:(with reference to Clauses 11 and 14)CATEGORIES OF EMPLOYEES AND CORRESPONDING SALARIESGrades and Salary Scales for period 1 January 2005 to 31 December 2007SCALEGRADESALARY SCALELm1 Principal Statistician 8,400 x 240 = 9,6002 Senior StatisticianProgrammer III7,540 x 230 = 8,9203 StatisticianPublications Editor4 Systems Analyst/Programmer IITechnical/NetworkSupport SpecialistLibrarian5 Programmer IAssistant StatisticianHR ExecutiveSenior Accounts Executive6 Senior Statistics ExecutiveIT Support OfficerAccounts Executive7 Senior Survey InterviewerLibrary AssistantPrincipal Messenger6,540 x 230 = 7,9206,430 x 230 = 8,2705,715 x 210 = 6,9754,920 x 180 = 6,0004,560 x 180 = 6,0008 Statistics Executive 4,465 x 180 = 5,5459 Survey InterviewerClerkReceptionistSenior MessengerSenior Office AttendantStorekeeper10 Office AttendantMessenger3,925 x 180 = 5,5453,510 x 130 = 4,42011* Watchman 3,420 x 130 = 4,200*Incumbent watchmen to keep present salary on personal basis44

APPENDIX 2:(with reference to Clause 19)CHECK-OFF AUTHORISATIONDate: _________________I, the undersigned, hereby authorize the MSA to deduct from my salariesthe initial fees and the current amount of my Union dues as reported toyou by the Union Ħaddiema Magħqudin (UĦM) and to remit the saidamount to the Financial Secretary of the Union as my membership dues.This assignment is voluntary and I understand that I may revoke it at anytime in writing.SignatureWitnessed by:Name and Surname of employeeID Card Number45

APPENDIX 3:(with reference to Clause 31)ALLOWANCES1. Shift AllowanceEmployees working on a shift basis as per clause 34 shall receive a shiftallowance of Lm3.50 per week payable concurrently with their salary.2. Team Leadership AllowanceEmployees acting as team leaders to a group of Survey Interviewers shallreceive an allowance of Lm25 per month.3. Fieldwork AllowanceOfficers performing fieldwork in addition to duties as per their substantivegrades shall be entitled to an allowance of Lm1.20 per hour (authority asper letter from the Ministry of Finance dated 1 February 1999, reference:MF/247/63).4. Qualification AllowanceA qualification allowance is paid to an officer who holds a qualificationwhich is both recognized and relevant to the duties pertaining to his gradeand at the following rates:Doctorate DegreeMasters DegreeFirst DegreeDiplomaLm400 p.a.Lm300 p.a.Lm200 p.a.Lm150 p.a.Any employee who obtains more than one diploma or degree will onlyqualify for one annual allowance, which will be that equivalent to hishigher/highest qualification.The Director General of the National Statistics Office may approve anallowance in respect of any other diploma or degree.This allowance will not be paid if the respective qualification is a prerequisitefor entry into the grade.46

5. Use of Private Transport on Official BusinessEmployees making use of private transport for official business areentitled to an allowance of fifteen (15) cents per mile/nine (9) cents perkilometer, provided they are authorized by the Director General or hisrepresentative to use such transport, and provided further that they recordthe relative details in an appropriate logbook kept in the Manager, HumanResources and Administration.6. Allowance to Gozitans working at the NSO and to Malteseworking in GozoAn employee who is ordinarily resident in Gozo and reporting regularly forduty in Malta shall be entitled to an allowance of Lm15 per month, or prorata thereof, for the period of his/her posting in Malta.This shall also apply to employees who are ordinarily resident in Malta butwho might be required to report for work in Gozo regularly.These allowances will not be paid in respect of any authorized andunauthorized absences from work including absences arising from dutytravel abroad and public holidays.47

APPENDIX 4:CONDITIONS APPLICABLE REGARDING CLAUSE 39 SUBSECTIONc(iii) and c(iv)The provisions of clause 39, sub-section c(iii) and c(iv) apply to thefollowing list of conditions:a) all cases of malignant tumorsb) all cases referred for medical treatment overseasc) post major abdominal surgery*d) acute hepatitise) chronic pancreatitis*f) advanced chronic active hepatitisg) advanced hepatic cisihosish) myocardial infarctioni) severe, unstable anginaj) post open heart surgeryk) congestive heart failurel) cerebrovascular accidentm) severe head injury*n) intracranial surgeryo) psychotic illnessp) fractures disabling to the individualq) severe inflammatory arthritis*r) chronic renal failure*s) chronic obstructive airways disease*The conditions marked with an asterisk can only be considered followinga confidential report from the consultant in charge of the case. In additionextension of sick leave is to be given to those individuals who are forcedto stay off work on public health grounds.48