Film company staff

Period of validity of the Collective Agreement

This Agreement applies from 1 March 2018 to 21 February 2021. (Article 14)

Personal and material scope

Material scope (Article 1)

This Collective Agreement governs the relationships and general conditions of employment and remuneration of workers employed by film companies in the territory of the Grand Duchy of Luxembourg.

Personal scope (Article 2)

This Agreement shall apply to staff in the following services:

• Till;
• Bar;
• Reception;
• Projection;
• Maintenance;
• Security;
• Administrative staff;
• Housekeeping staff.

The following are excluded from this Agreement:

• Trainees;
• Students employed during school holidays;
• Apprentices;
• Temporary staff (subject to the provisions on the regulation of temporary work and temporary loan of labour);
• Senior management.

Workers employed on part-time contracts shall benefit from the same conditions as full-time employees on a pro rata temporis basis.

Remuneration

Special benefits (Article 9)

The employer will reward each employee whose length of service within the company will be at least 12 months with a bonus at the end of the year. This bonus will be paid on 1 December of each year.

Deserving employee: may be rewarded by the employer. This reward will not give rise to any acquired right on the part of employees who have received it.

No bonus will be paid to an employee who is no longer part of the company on the day of payment

Remuneration (Article 11)

• Salaries are adjusted in line with changes in the cost of living.
• Payment of salaries: Salaries and payments are paid by bank transfer. Transfers shall be carried out in good time so that remuneration is available to the employee on the 1st day of the month at the latest. The employee shall receive a detailed salary and payment statement.
• Hiring and any change in salary will be confirmed in writing.

Other points regarding of remuneration

Meal voucher

The value of meal vouchers is EUR 7.50 with a salary contribution of EUR 2.80 per meal voucher. (Article 11)

Working time

The reference period is set at 12 months (e.g. 21 May XXXX to 20 May XXXX+1).

• 48 hours a week.
• 10 hours a day

The average duration over the specified reference period must be 40 hours/week:

• Bonus if more than 40 hours a week
• Malus if less than 40 hours a week

 

• Part-time employees’ daily and weekly working hours within the 12-month reference period may not be more than 20% longer or shorter than the normal daily and weekly working hours laid down in the employment contract.
• Staff breaks: with the exception of positions which do not allow this, breaks shall not be taken into account for the purpose of determining the time spent at the workplace.
• Any time band begun which exceeds the hours and/or times set out in the established work plan (schedule) by 30 minutes is to be regarded as overtime (1 hour = 1 hour and a half recoverable) except where changes to hours have been agreed between the employee and the employer.
• Any overrun of between 15 and 30 minutes in relation to the working hours indicated on the work plan will be included in the total hours worked if recorded in writing (working time overrun form), if it is justified and if it is countersigned by a supervisor

Work Organisation Plan (WOP) (Article 5.3)

The 12-month reference WOP is drawn up per sector and operating location and determines the number of employees required per time band.

It must be submitted to the staff delegation no more than 5 days before the implementation of the reference period.

Amendments may be made if there are exceptional reasons without an administrative procedure.

The WOP must be filed with the Inspection du Travail et des Mines (ITM) [Inspectorate of Labour and Mines], and the delegation and staff must be notified in writing with reasoning.

Work plans (Article 5.4)

• A work plan calendar is drawn up each year in order to inform staff of work plan end dates.
• The reference period of 12 months shall be subdivided into work periods of 3 weeks with work plans covering each 3-week period.
• Work plans will include the working hours to be worked by the employee.

The procedure for setting up these work plans covering the periods of 3 weeks:

Requests from employees to change their work plan must be submitted no later than 2 days before the implementation of the new work plan.

Any subsequent amendments to the work plan must be duly substantiated by each party and, except in cases of force majeure, may be made only with the agreement of the parties concerned, the staff delegation having to be consulted in advance.

Overtime (Article 5.5)

Overtime:

• Excess hours at the end of the reference period (‘working hours’ plan)
  In accordance with the provisions on overtime in Article L.211-37 of the Code du Travail [Luxembourg Labour Code].
• Deficit (debit – ‘working hours’ plan) of hours resulting from the accumulation of hours at the end of the reference period:

May not lead to a carry-over to the next reference period or be set off against the employee’s salary.

In the event of voluntary or involuntary departure during the year, any debit of hours may under no circumstances be taken into account for the final settlement.

Night work (Article 5.6)

Right to leave

Statutory leave (Article 7)

Principle: 26 statutory days

Length of service from 1 January and additional leave:

• 6 years of service: +1 day, i.e. 27 days
• 9 years of service: +2 days, i.e. 28 days
• 12 years of service: +3 days, i.e. 29 days
• 15 years of service: +4 days, i.e. 30 days
• 20 years of service: +5 days, i.e. 31 days
• 25 years of service: +6 days, i.e. 32 days

The employer undertakes not to refuse requests for leave of more than 12 days if the company’s service organisation so permits.

A leave day may be divided into hours:

• If the leave is in the short term, that is to say if the employee’s request for leave relates to the work plan in effect at the time of the request or to a work plan in phase 2 of its preparation, that is to say when it is submitted to the Staff Delegation for their opinion, then the hours of leave charged to the employee correspond to the hours that they would have actually worked in the work plan in question.
• If the leave is in the long term and if the requested leave is 5 or more days, the leave will be charged at a rate of 8 hours/day and 40 hours/week. Individual days of leave will be charged to the employee on the basis of the hours that they would have actually worked on those one or more days. Throughout their leave, the employee will not be able to carry out any paid work which would conflict with the idea of rest as intended by the leave.

If the employment relationship ends during the year, proportional leave will be determined at a rate of 1/12 of annual leave per whole month of service in the company. A portion of a month exceeding 15 days shall count as a whole month. If an employee leaves before the 15th of the month, the month in question shall not be taken into account for the purpose of calculating leave.

If the employment relationship begins during the year, proportional leave will be determined at a rate of 1/12 of annual leave per whole month of service. Entry into service before the 15th of the month counts as a whole month. Entry after the 15th of the month is not taken into account for the purpose of calculating leave.

Leave must be granted and taken during the calendar year. Management will grant leave according to service needs and the priorities set out below:

• Parents with children aged under 16;
• Employees returning to their country of origin and requiring a visa to travel there;
• Employees who are married or live in a conjugal relationship and whose partner works;
• In order of length of service;
• In order of rotation.

If not all leave is taken during the calendar year because service needs and/or the justified wishes of employees preclude it, leave not yet taken may exceptionally be carried over until 31 March of the following year.

80% of leave for the current year must be set by 31 January of each year. Management will provide a reply by 15 March each year to employees who have submitted their leave applications within the specified time limits.

Extraordinary leave (Article 7.2.)

Termination of contract

Termination of contract (Article 4)

Termination of a permanent employment contract with notice

Notice periods are in accordance with the provisions of the Code du Travail.

In the event of termination by the employer with notice, the employee shall be entitled to the following severance pay:

Health, safety and hygiene

Work clothing (Article 13)

Work clothing for dirty work and other special cases

The employer shall make the necessary clothing available to the employee.

Normal work clothing

Upon hiring, the employer shall provide the employee with four sets of work clothes free of charge. These sets of work clothes will be replaced as they become worn with normal use.

Other points (including sector-specific provisions)

Hiring (Article 3)

Hiring will be carried out in accordance with the legal provisions in force.

Probationary period L.121-5 of the Code du Travail, i.e. at least 2 weeks but at most 6 months.