Airport groundhandling employees

Period of validity of the Collective Agreement

Applicable from January 1, 2019, until December 31, 2020, followed by automatic renewal from year to year (Article 3).

Personal and material scope

Scope (Article 2)

The Agreement applies to all workers employed under employment contracts in the groundhandling sector at airports included on the list of groundhandling services set out in l'annexe de la loi du 19 mai 1999 sur l'aviation civile publiée au Mémorial A-N 57 du 21 mai 1999 [the annex to the civil aviation law of 19 May 1999 published in Memorandum A-N 57 on 21 May 1999] (http://legilux.public.lu/eli/etat/leg/memorial/1999/57),

With the exception of employees belonging to senior management, as referred to in Article L.162-8 of the Code du Travail [Luxembourg Labour Code], and employees who are employed for a position abroad.

Remuneration

Payment of salaries (Article 25)

The payment of the monthly salary is made on the penultimate working day of each month.

For the employee who, for any reason, cannot claim a full month of work, the salary is calculated pro-rata based on the number of hours or days actually worked, compared to the total number of hours or working days in the concerned month.

In the event of the employee's departure, the remaining balance due will be paid as soon as possible (on the penultimate working day of the month to which it relates) and no later than at the closure of the month in question.

• When an employee mainly performing manual tasks is temporarily transferred to a higher-paying position, they will receive at least the base salary for that category if the transfer lasts more than 7 days.
• When an employee is assigned to a lower-paying position, they will receive the salary corresponding to their role according to legal provisions. Upon returning to the original position, a salary adjustment is only required if the transfer to the higher-paying position exceeded 6 months.

Other points of remuneration

Rules for the application of the annexed scales and classifications (Article 26)

When an employee is hired, the following shall be taken into account in determining the starting salary: years of service in the same industry and knowledge acquired of use to the company.

Service credit may not exceed 10 years.

The employer may, as part of individual and exceptional disciplinary measures, suspend an annual and biennial increase. This suspension will last for one year. The management will inform the Staff Delegation.

Any essential clause of the employee’s employment contract may be modified, but this modification cannot result from the new classification in the salary grid.

In the event of a vacancy or availability of a position within a department or service, internal promotion should be prioritized if possible.

Any promotion can only become effective after a successful trial period for the new role and after fulfilling the requirements for the new function.

When an employee holds additional functions permanently for more than six months during a 12-month reference period, the higher function performed as the primary role determines the classification.

Any promotion will result in a new salary scale, at least equal to the next higher salary scale the employee received before their promotion.

Thirteenth month allowance (Article 27)

If the employee enters into service during the course of the year, they shall receive as many twelfths of the allowance as whole months worked since their entry into service.

If the employee leaves their job during the course of the year, at the time of their departure they shall receive as many twelfths of the last monthly salary as whole months worked in the year.

If the employee takes parental leave, they shall receive as many twelfths of the allowance as the number of months worked in the year.

Fractions of working months exceeding 15 calendar days shall be counted as full working months.

The above provisions shall not apply to an employee on probation who leaves the employer before completing their probationary period.

Share-in bonus (Article 28)

Employees shall be entitled to a share-in bonus under the conditions and in accordance with the arrangements to be determined between the signatory parties.

Role-related bonus for roles assigned to employees primarily engaged in manual activity (Article 29)

A driver’s bonus is set at EUR 10 (Ind.100) and will be linked to changes in the cost of living index.

Conditions

• Awarded after completing a probationary period of 80 hours within, as far as possible, the month provided that they are in possession of an attestation de conduite en sécurité (ACS) [safe driving certificate] or a valid licence issued by a body accredited by the Association d'Assurance Accident [Accident Insurance Association] on proposal from the supervisor.
• The bonus will be awarded on the 1st of the month following the proposal from the supervisor.
• Other job-related bonuses (towing, push back, etc.): are linked to changes in the cost of living index.
• In the event of inattention or fault on the part of the employee causing damage to the company, or if the performance of their work gives rise to criticism, the bonus may be withdrawn or suspended on written decision by the employer. The staff delegation will be informed.

Staff catering (Article 31)

Employees are entitled to meal benefits, either through a canteen service or, where applicable, meal vouchers. The value of each voucher is set at €10.80, with the employee's contribution capped at a maximum of €3.60. Employees are entitled to a minimum of 228 meal vouchers per year.  

Working time

Working hours (Article 11)

Work Organisation Plan (WOP) (Article 12)

Before a final WOP is drawn up, each employee may ask their supervisor to take account of certain personal needs.

Overtime (Article 13)

The payment and conditions regarding overtime are in accordance with the provisions of the Labor Code. 

Work on public holidays (Article 14)

The following legal public holidays are provided for guidance:

• New Year's Day
• Easter Monday
• May 1st (Labor Day)
• National Day (June 23)
• Assumption Day
• All Saints' Day
• Christmas
• St. Stephen's Day
  

Sunday Work (Article 15)

This refers to hours worked on Sundays between 00:00 and 24:00 hours.

Night Work (Article 16)

This refers to work performed between 22:00 and 06:00 hours.  

Revalorisation increases (Article 17)

The increases are as follows:

• Night hours: 25%
• Sunday hours: 70%
• Legal public holiday hours: 100%

All percentages are cumulative.

These increases are calculated based on the normal hourly wage, which results from dividing the monthly salary by 173.

In the event of a recall to service, the company pays the employee a minimum of two hours of work, as well as travel expenses. The mileage expenses are calculated according to the Grand-Ducal Regulation of January 18, 2006.

Lighter work for employees aged 50 or over (Article 23)

Employees aged 50 or older have the possibility to request lighter work.
In such cases, such a request will be treated as a priority, provided that a position is available and the employee in question has or obtains the required qualifications.
This transfer will result in the remuneration for the new position, and there is no need for financial compensation, if applicable.  

Right to leave

Annual leave (Article 18)

Leave (Article 19)

Termination of the contract

End of contract and notice periods (Article 6)

Any employee working under a fixed-term contract will be informed no later than fifteen (15) working days before the end of their contract if the company intends to hire them permanently or not.

Pre-dismissal Interview: case of companies with more than 150 employees

(The terms of the interview are outlined in Article L124-2 of the Labor Code)

Interview Deadline:

• Earliest: minimum 2 working days after the personal delivery of the notice
• In case of postal delivery: minimum 4 working days after mailing, and no earlier than 4:00 p.m. for night workers without exemption

Severance Pay (Article 6)

In accordance with Article L124-7 (1), paragraph 2 of the Labor Code.  

Health, safety and hygiene

Health and Safety at Work (Preamble)

Health and safety bulletins will be regularly posted within the company to inform employees about the number and nature of work-related and commuting accidents.

A Health and Safety Committee is available to employees to collect any suggestions regarding health and safety at work. The company will make every effort to ensure a safe environment for its employees and will ensure that employees can only perform tasks for which adequate training has been provided.  

Dress (Article 10)

• The employee will be informed in writing of any claim made by a customer against them in their personal file. The staff delegation will receive a copy and the employer must be notified of any objections within 1 month.
• Provision of work clothing, including all personal protective equipment, according to the job description or the position occupied. Employees must wear this clothing.
• Equipment technical specifications are the responsibility of the safety officer and the designated workers and must reflect the outcome of the risk assessment drawn up in accordance with the legal provisions in force.
• Work clothing is not necessarily personal protective equipment and therefore the safety officer and the one or more designated workers only approve the safety elements.
• In the interest of health and safety at work, all hierarchical levels are required to strictly monitor adherence to the wearing of personal protective equipment.

Allowance for cleaning clothing

 

General Obligations Regarding Prevention (Article 20)

The employer is required to take all necessary measures, in accordance with the relevant legal provisions, to protect the life and health of employees, as well as to prevent accidents.

The company will provide its employees with free fresh water if the outdoor temperature exceeds 30 degrees at the workplace.  

Other points (including sector-specific provisions)

Hiring and probationary period (Article 5)

The relationship between the employer and the employee is governed by the provisions of the Code du Travail in force.

Property rights – Intellectual property (Article 10.16)

• If the employee creates or invents works protected by copyright during the execution of their employment contract, the employee shall transfer the property rights to the employer.
• The employee will not receive any compensation other than their salary in exchange for this transfer.
• For forms of exploitation of works protected by copyright that are still unknown to this day, the parties will negotiate, if necessary, a share of the profits generated by such exploitation for the employee.
• The employer may freely exploit the creations, under its own name, or under any name or brand it chooses, without the need to mention the employee's name. The employer has the right to update or adapt the creations based on the company's needs and take all necessary measures to protect them.

Surveillance in the Workplace (Article 24)

Regarding the monitoring of employees to prevent acts of theft and/or receiving stolen goods, the signing parties have agreed that such controls may be carried out within the limits of the law.

Equal treatment and non-discrimination provisions

Insurance (Chapter VII)

Reimbursement of medical expenses incurred by a staff member on assignment abroad (Article 32)

In the event of illness of a member of the company’s staff during the assignment or a limited placement abroad, medical, surgical and hospital care is at the company’s expense, but less the amounts reimbursed by statutory and additional social security bodies.

This rule on the involvement of the company applies only in so far as the treatment and prescription of pharmaceutical supplies are given to the person in question through a doctor approved by the company, except in urgent cases where it is impossible to reach an approved doctor.

This rule shall not apply if it is proved by the company that the cause giving rise to those costs is attributable to the person in question.

Insurance against personal injury or damage to property on assignment (Article 33)

Insurance against personal injury and, where appropriate in accordance with the criteria and conditions laid down, against material damage in the event of an accident to an employee on an assignment using their own car.

Voici la traduction en anglais du texte que vous avez fourni :

Internal Regulations (Article 37)

An internal regulation may exist as a supplement to the collective agreement concluded with the contracting unions. The provisions of the internal regulation must not be contrary to or less favorable than the provisions of this collective agreement. Any internal regulation, as well as any modifications thereto, must be validated by the joint committee, if one exists.

Miscellaneous (Article 38)

Transfer of the Service Contract

In the case of a transfer of the service contract following a tender or the client’s decision, the obligation to transfer the employment contract applies.

25-Year Anniversary Gift

Choice between a gift or a payment equivalent to the maximum amount exempt from taxes (Tax Exemptions LIR115.13a).

Extra-legal benefits are defined in internal regulations.

List of groundhandling services covered by the sectoral agreement

This list is available in Annex I.