Construction

Term of validity of the Collective Bargaining Agreement

The Collective Bargaining Agreement shall be valid from 1 January 2019 to 31 December 2021 (Article 32).

Scope in terms of staff and facilities

This contract shall apply to all Luxembourgish and foreign construction and civil engineering undertakings operating in the Grand Duchy of Luxembourg.

This contract shall apply to employees employed by an undertaking as defined above and falling under the description of functions as defined in Article 9 and Annex II – Professional qualification of the Collective Bargaining Agreement or to employees engaged in construction or civil engineering work in the territory of the Grand Duchy of Luxembourg.

It shall also apply to employees posted in other countries.

Management and support functions (formerly private employees) not directly linked to the performance of the undertaking’s main activity (in accordance with the legal provisions in force) shall be excluded from the provisions of this Collective Bargaining Agreement in accordance with the first indent of Article L.162-6(1) of the Labour Code, unless specifically stated otherwise in this text.

The following shall be expressly excluded from its scope:

• all apprentices with apprenticeship contracts subject to the special provisions on apprenticeship contracts,
• employees who are senior managers within the meaning of the legal provisions in force.

Remuneration

Salary payments shall be made twice a month:

• on the 25^th of the month or the Friday preceding that date, an advance payment will be made of 75 % of the salary due on the 15^th of the month,
• on the 10^th of the following month, respectively the Friday preceding that date, the balance must be paid.

However, employers shall be entitled to make other arrangements with employees. (Article 16)

Rate of remuneration applicable to young people under the age of 18

• after 15^th birthday: 75 %
• after 17^th birthday: 80 %

Tariff salaries will increase as follows

• 1 % on 1 January 2019
• 0.7 % on 1 January 2020
• 0.7 % on 1 January 2021

An additional allowance of EUR 0.5 per hour shall be paid for arduous work as well as for ADR transport operations, with the detailed list being provided in Article 19.

(Annex III)

(Annex II)

Other elements of remuneration

End-of-year bonus

An end-of-year bonus shall be granted, together with the December salary payment, to employees who have been in employment in the undertaking for 1 year at the time the bonus is due (31 December), including employees whose employment began on the day of the return to work after the winter collective leave.

• Reference period: from 1 January to 31 December

Amount

A bonus of 5 % of the gross annual salary

Calculation

The number of hours worked shall be taken into account for the purposes of calculating the bonus, excluding paid leave, official holidays or non-working days, extraordinary leave and hours not worked due to illness or accident.

Bonus supplement

Employees will be entitled to a bonus supplement of 2 % of the gross annual salary, calculated on the basis of the number of hours worked, excluding paid leave, official holidays or non-working days, extraordinary leave and hours not worked due to illness or accident.

Note:

This Article shall also apply to management and support functions not directly related to the performance of the undertaking’s main activity, as defined in Article 2.3.

Reduction of the bonus due to absences

 

• A 1-day return to work as a test between two certificates of incapacity for work shall not constitute a break in the period.
• An unjustified absence shall result in the complete cancellation of the bonus. This cancellation must be confirmed to the employee in writing as soon as possible, but at the latest with the salary statement for the current month.
• The absences provided for in Article 18.5.3 shall not be taken into account for the reduction of the bonus.

Redistribution of unpaid money

The money not paid as a result of absences due to illness will be redistributed to employees who receive 100 % of the end-of-year bonus with one period of absence, respectively zero periods of absence. (Article 18)

Working time

The standard working time is established as

• 8 hours per day and
• 40 hours per week.

The daily timetable shall be established in agreement with the staff delegation or, failing that, with the employees concerned.

In principle, the timetable is as follows:

Deviations of half an hour shall be permitted.

In the event that the working day exceeds 9 hours, there shall be a 15-minute snack break. This time shall be considered working time.

A flat-rate daily availability bonus of EUR 2.48 shall be due:

Where the working day is extended by at least 2 hours without the employee being informed of such extension the previous working day. (Article 21)

Entitlement to leave

Annual holiday leave

• 27 working days

Note: This Article shall also apply to management and support functions not directly related to the performance of the undertaking’s main activity, as defined in Article 2.3.

Collective leave

It has been decided to close in summer and for the Christmas holidays for a fixed period.

The official summer collective leave will start each year on the last Friday of July.

It is possible not to have or to extend collective leave under certain conditions.

Carry-over

Days of leave not taken before the end of the collective winter leave must be granted and taken before 31 March of the following year. (Article 25)

Pay when on leave

When on leave, employees shall be paid in the form of a salary supplement, which shall also take into account paid official holidays and which shall be 11.77 %.

Employees who have used up their leave at that time will not be paid.

Contract termination

Principle

The contract shall be terminated in accordance with legal provisions.

Exception

In the event of termination by the employee, the employment contract shall be terminated at the end of a period of 15 days’ notice. (Article 5)

In the event of termination of the employment contract at the employees initiative, the employee must receive their salary statement, the balance of their salary and their papers, in particular their duly completed employment record book, at the end of the contract and within a maximum of 10 days.

Any delay in the payment of the salary shall automatically entitle the employee to statutory interest for late payment, plus three percentage points. (Article 7)

Travel, food and accommodation

Transfer abroad

In the event of a transfer abroad, where the undertaking is unable to provide transport, accommodation shall be at the employer’s choice and expense.

Work requiring an extended stay abroad

To the extent possible and without disrupting the organisation of the undertaking, the employer will take into account the employee’s family circumstances.

Additional expenses

• In the event that being posted outside the Grand Duchy of Luxembourg by the undertaking results in higher social security contributions or tax obligations for the employee, those expenses shall be borne by the employer.
• If an additional contribution entitles the employee to an additional benefit, the portion exceeding the benefits provided for by Luxembourgish legislation or this contract shall be deducted. (Article 20)

Travel allowance

• A travel allowance of EUR 7.44 shall be due if: the outward and return journey abroad goes beyond the geographical line set out in Annex VI.

Health, safety and hygiene

General obligations of the employer

• Employers are obliged to comply with the provisions of the Labour Code concerning the occupational health and safety of employees and the requirements relating to the prevention of accidents, as well as to take all appropriate and justified precautions proposed by the safety officer.
• All employees are entitled to occupational safety training during their working hours or in accordance with a schedule to be agreed with the staff delegation, giving them access to knowledge of the safety rules established in the qualification grid (Annex II).

General obligations of the employee

• Employees are obliged to comply with the minimum and basic health conditions on construction sites.
• Employees undertake to:
  • wear the compulsory seat belt in lorries and vans on public roads;
  • immediately inform the employer of the loss of some of their driving licence points or of the withdrawal of their driving licence;
  • report any defects detected by the employee in relation to the mechanised tools, machinery, equipment or stock to their superior;
  • not consume alcohol or narcotic substances in the workplace and on construction sites.

Safety officer

• For carrying out the tasks entrusted to them by law, the safety officer shall be entitled to a time credit as follows:

• The safety officer must be free to travel in the event of a work-related accident or possible danger on a site.
• The safety officer must draw up a report detailing any positive and negative observations regarding the safety status of the sites visited. They will note positive observations if issues raised in previous reports have since been rectified. The employer shall provide the safety officer with a triplicate report book to enable them to note their observations and keep a complete record of their reports.

Personal protective equipment (PPE)

• A pair of safety shoes, a pair of safety boots, rainwear and a helmet will be given to employees free of charge.
• The wearing of safety shoes and/or safety boots and a helmet is compulsory and the costs of making them available will be deducted from the salary of any employee who, despite a written warning, fails to comply with this obligation. They shall be replaced only on presentation of the worn or damaged items.
• Safety clothing shall be made available to employees on unsecured construction sites in accordance with the standards in force.
• A minimum of six pairs of gloves will be made available to each employee annually.
• Two sets of overalls will be made available to staff working in repair shops free of charge.

Site facilities

• The site facilities must comply with the legal provisions in force.
• Employees must also have access to a heating appliance to heat meals. The storage of equipment of any kind in areas reserved for employees is prohibited.

Where appropriate, internal regulations drawn up together with the staff delegation or, failing that, the employees concerned, may lay down additional requirements. In this case, employees are required to comply with such additional requirements. (Article 29)

Other elements (including sector-specific provisions)

Probationary period

Probationary period of 4 weeks, unless otherwise stipulated in the employment contract. (Article 3)

Tools, service vehicles and workplaces

• The employee shall be responsible for any tools entrusted to them.
• They must, at their own expense, replace any tools lost or damaged intentionally or as a result of obvious negligence. The employer shall be responsible for sharpening the tools.
• A list of the tools made available by the employer shall be annexed to the collective agreement.
• Tools included on this list will be replaced by the employer in the event of theft through burglary.
• The employee shall be responsible for any service vehicle entrusted to them and shall be required to comply with the provisions of the Highway Code.
• When transporting, storing and using equipment, the employee shall treat the items entrusted to them with respect and they shall also treat the equipment and works of the other occupations on site with the same respect. This is not an obligation to pay for any damage, but only to respect the items entrusted.
• The employee shall clear both the break area and the construction site of the waste produced during the consumption of their meals. A bin shall be made available on each site by the employer.

(Article 11)

Concealed work

• As concealed work is reaching levels likely to jeopardise employment in construction undertakings, the two sides of industry undertake to combat it jointly.
• Employees have an obligation not to carry out concealed work.
• Concealed work includes any activity falling within the scope of this contract (also favours for neighbours) carried out in exchange for remuneration on behalf of third parties outside the undertaking.
• If the performance of concealed work can be proved (e.g. during leave days or any free days), the sanctions provided for in the Labour Code shall be applied.
• The amount of the fine is withheld by the employee’s employer and paid to the competent Sickness Insurance Fund.
• Concealed work is seen as serious misconduct by the undertaking (unfair competition) and may therefore give rise to dismissal without notice.

(Article 8)

Equal treatment and non-discrimination provisions

Non-discrimination obligation

• Employees and employers have an obligation to respect all rules relating to good manner, courtesy and morality, including with regard to visitors and clients. Thus, they are obliged to refrain from all forms of racism and discrimination and to treat everyone with respect for their dignity, feelings and beliefs.
• Any and all discrimination, within the meaning of the Act of 19 July 1997 supplementing the Criminal Code by amending the criminalisation of racism, shall be prohibited.

(Article 31)