Electricians

Duration of the agreement

This collective agreement takes effect on 1 June 2016 for a period of 2 years (from 1 June 2016 to 30 May 2018).

‘Unless terminated by one of the signatory parties not later than 3 months before its expiry, this agreement shall be renewed automatically, but its total duration may not exceed 3 years.’ (Article 25)

Scope

The agreement applies to all work carried out by small electrical undertakings in the Grand Duchy of Luxembourg by domestic or foreign companies, establishments and undertakings whose general or main activity is to carry out electrical installation and fitting work in trade, commerce and industry, including related servicing, maintenance and repair work, and applies to all holders of an apprenticeship certificate, employees, apprentices and young workers employed by such undertakings.

Undertakings carrying out the following work are considered small electrical undertakings within the meaning of this agreement and subject to these provisions:

• electrical installation in dwellings and buildings;
• exterior electrical installation;
• installation of radios and televisions; work relating to the occupation of automotive electrician;
• installation of antennas; repair and installation of electrical equipment;
• repair and installation of electric motors.

Unless specifically stated in this agreement, the terms and conditions of employment and remuneration of young workers under the age of 18 are in principle governed by the provisions of the Law of 28 October 1969. (Repealed by the Law of 31 July 2006 introducing a Labour Code. The common-law provisions laid down in the Labour Code apply.)

Remuneration

Remuneration (Article 11)

The salary period is 1 calendar month, which cannot be exceeded. The date of payment of the salary may be agreed between the employee and the employer, and this payment must be made at least twice a month.

The salary must be paid no later than the 5^th day of the following month. If the date of payment of the salary coincides with a non-working day, payment must be made on the preceding working day.

The payslip must show the number of hours worked, supplements, the regular hourly wage and deductions, so that the employee can easily understand the details of their remuneration and recalculate it if they wish.

Salary deductions (Article 12)

• Salary deductions may be made only in justified cases and must be duly reasoned. They must be flagged on the payslip.
• The apprenticeship allowance may not be reduced due to attendance at courses, but the applicable hourly wage may, in the event of unjustified absence, be reduced per hour of absence.
• Employees must notify the employer immediately in the event of late arrival at the workplace, early departure from the workplace or absence from work. The working time not worked will be deducted from the salary. Half an hour shall be deducted for each half-hour not worked unless the employee is able to prove, with supporting evidence, that late arrival at the workplace was unavoidable and thus beyond their control.

Such conduct is liable, if repeated, to make it impossible for the employee to move to a higher salary category or to lead to classification in a lower actual pay group, although the contractual minimum wage remains guaranteed.

Other remuneration

Risk-related premiums for difficult working conditions (Article 16)

The following are regarded as work giving entitlement to a premium and to be compensated by a supplement to the hourly wage:

all work carried out on roofs, but only permitted under normal weather conditions: premium of 10%.

In accordance with the relevant statutory provisions, carrying out work on live equipment and lines is forbidden.

End-of-year bonus (Article 21)

An end-of-year bonus has be granted since 2001. It amounts to 1% of the remuneration for all hours worked over the past year, including overtime.

• Leave, public holidays and absences due to illness, accident or other reasons are not included in the calculation of the bonus, since they are not regarded as working time within the meaning of this Article.

With effect from 2002, the bonus is 2% of the remuneration for all hours actually worked.

Eligibility conditions

In order to qualify for the end-of-year bonus, the employee must have at least 1 year of service with the undertaking on the date of payment (31 December).

Accounting period

The accounting period runs from 1 January to 31 December.

Pro rata calculation of the bonus

Provided that the condition referred to in paragraph 1 is met, an employee who leaves the undertaking during the year is entitled to a bonus equal to 1% (in 2001) or 2% (from 2002) of the hours worked until their departure. If the employment relationship is terminated with immediate effect, the employee loses their right to the bonus.

Calculation of the bonus

The bonus (1% in 2001; 2% in 2002) is calculated exclusively on the basis of the hours actually worked, including overtime. Leave, special leave, public holidays, free days and days of absence due to illness or accident are not taken into account in the calculation.

• Reduction of the bonus
  The bonus is paid as follows: - 100% in the event of a single absence, 75% in the event of two absences, 50% in the event of three absences, 25% in the event of four absences. From five absences, the bonus is no longer paid. For employees over the age of 50, the reduction of the bonus only applies from three absences. An attempt to return to work is not deemed to interrupt a period of absence if the return to work is less than 1 day after the start of the absence and the total duration of the absence therefore corresponds not to two but to one period of absence.
• Unauthorised absence from the workplace
  Unauthorised absence from the workplace will causes the bonus to be lost, provided that the employee is informed in writing at the latest with the payslip for the month in question. If the employee is not informed in writing within the prescribed period, this unauthorised absence may no longer be invoked at a later stage for cancellation of the bonus.
• The following absences do not lead to a reduction of the bonus:
  • periods of illness with hospitalisation and a subsequent recovery period;
  • inability to work due to an accident at work, provided that the accident was duly declared by the employer and that the employee complied with accident prevention regulations; unpaid absences authorised in advance by the employer;
  • justified absences due to force majeure, for which the employee could not have requested prior authorisation. However, the employee must inform the employer as soon as possible.
• Payment of the bonus
  The bonus is paid with the salary for December.

Working hours (Article 7)

The employer is free to introduce rules on flexible working hours in accordance with the following provisions:

Working hours are subject to the provisions of the Law of 9 December 1970 on working hours (repealed by the Law of 31 July 2006 introducing a Labour Code; the common-law provisions laid down in the Labour Code apply) and the Law of 12 February 1999 on the implementation of the national action plan for employment (repealed by the Law of 31 July 2006 introducing a Labour Code).

In order to cope with fluctuations in orders, weekly working hours may vary over a reference period of 12 consecutive months. The reference period runs from 1 April to 31 March of the following year. During this period, the average weekly working time is 40 hours spread over 5 working days, taking into account the statutory provisions on weekly rest.

In agreement with the staff delegation or, failing that, with the staff, the employer may increase the working time to 9 hours per day and 45 hours per week, without the overtime supplement being applied. Every deviation from the 8-hour day (i.e. every 9^th hour) will be recorded in a time-savings account. The hours so counted are compensated in accordance with paragraph 7.1.6.

Where the working-time model referred to in paragraphs 7.1.1 and 7.1.3 is applied, remuneration is calculated on the basis of a weekly working time of 40 hours.

A flexibility bonus of 12.5% of the hourly rate will be allocated for every hour recorded in the time-savings account (i.e. every 9^th hour). This bonus will be paid the month in which the hours in question are worked, and will also be due in the event that they are compensated ex post.

Employees may take compensation for half of the hours recorded in the time-savings account on dates of their choice, taking into account the smooth running of the undertaking. Credit hours will be compensated either with full rest days of 8 hours, depending on the number of hours recorded, or with individual hours, at the employee’s request. Uncompensated hours will be paid on 31 March at a salary supplement of 25%.

Any uncompensated credit hours as of 31 March, any hours worked in excess of the daily working time of 9 hours and any hours worked in excess of the weekly working time of 45 hours are considered to be overtime for which a salary supplement is paid. An employee who leaves the undertaking during the year will be paid the balance of the time-savings account together with the overtime supplement. Any hours worked on a Saturday are be regarded as overtime except where the working time is spread over 5 days and Saturday is included at the employee’s request.

With a view to facilitating work-life balance, a work organisation plan is submitted to the staff delegation for consultation before its entry into force. A copy will be sent to the Inspectorate of Labour and Mines. The work organisation plan must be communicated to the employee no later than Friday, in accordance with the scheme below, at no cost to the employee. The work organisation plan covers a period of 4 weeks, and so on, week after week.

The work organisation plan may apply to all employees, but this is not mandatory. It can also be personalised on a case-by-case basis. In accordance with the provisions of the Law of 12 February 1999 on the implementation of the national action plan for employment, the work organisation plan is subject to the opinion of the staff delegation or, failing that, to the opinion of the staff before its entry into force. Except in the case of unforeseeable events, such as urgent work following an accident or in order to prevent an accident, or to prevent damage to machinery and tools, or to ensure the smooth running of the undertaking, as well as any work in relation to situations of force majeure, hours worked outside the work organisation plan are remunerated as overtime and paid with the salary for the month in which they were worked.

The time-savings account may not have a balance of more than 120 hours. Hours exceeding this limit will be paid together with the overtime supplement.

Piecework (Article 13)

Piecework is permitted only with the agreement of the undertaking’s employees and generally applies only in exceptional cases.

Piecework pay is calculated in such a way that the employee’s remuneration reaches at least 120% of the minimum wage for the agreed work and regular working hours. The advance to be paid in the event of piecework must be equal to the hourly wage.

Receipt for piecework must be at the latest on the day following completion of the work in question, while the statement and the payment of the balance must come with the next salary payment.

On-site and off-site work (Article 14)

• Clothing changes and travel time as part of on-site work are not counted as working time.
• For work carried out on-site, i.e. in the contractor’s workshop or within a radius of 10 km, regular statutory working hours apply.
• Travel during the lunch break is at the employee’s expense if not ordered by the employer.
• For work performed off-site, time spent travelling to and from the workplace is considered non-productive working time, and therefore does not count as overtime. Travel expenses are borne by the employer.
• For all work carried out more than 20 km away from the undertaking, the employer bears the cost of daily return journeys, food and, where necessary, accommodation. Where employees bear the cost of food themselves, they will be granted a daily allowance of LUF 250 upon presentation of the corresponding bills or receipts. No special compensation is provided for off-site work carried out at the employee’s place of residence.

Overtime work (Article 18)

All work carried out on Sundays and public holidays, at night, and at any time in excess of normal daily working hours, is regarded as overtime. Overtime is allowed only in emergency situations and must be declared.

The following salary supplements apply in the event of overtime:

 

Salary supplements can be cumulated.

Remuneration for public holidays and the granting of compensatory time off are governed by the Law of 10 April 1976 relating thereto. In respect of any work performed on a public holiday, the employee is entitled, in addition to the remuneration provided for by that Law, to remuneration for the hours actually worked at a rate of 100% or 200%, in accordance with Article 17.2 of this collective agreement.

In the event of need related to the performance of work, urgent tasks or other situations requiring additional work, the employee may be asked to work overtime.

Employees required to carry out legitimate overtime work will be eligible for the related benefit.

The terms and conditions of the emergency service must be agreed individually between the employer and the employee.

Leave entitlement

Annual leave and special leave (Article 19)

Grand-Ducal Regulation of 5 February 2001: ‘Leave shall be 26 days for all workers, irrespective of age.’

Grand-Ducal Regulation of 23 July 2016: ‘From 2016 inclusive, it has been agreed to grant 1 additional day of leave to employees over 50 years of age with at least 10 years of service at one and the same undertaking. They shall therefore have 27 days of leave per year.’

During the period of leave, the employee may not carry out any paid work, under penalty of having their leave allowance withdrawn.

Grand-Ducal Regulation of 5 February 2001: ‘Extraordinary leave is regulated by the provisions of the Labour Code.’

Interruptions in work without loss of pay (Article 20)

• For urgent medical appointments necessary during working hours, the employee may be exempted from working no more than 4 × 2 = 8 hours per year.
• Taking charge of and transporting an accident victim within the undertaking will not result in loss of pay if the employee involved has been expressly instructed to do so by the employer or their representative. The same applies to administrative investigations into accidents at work.

Termination of contract

Dissolution of the employment relationship (Articles 4 to 6)

The termination of an employment contract is subject to the provisions of Articles 4 to 6 of this collective agreement.

Health, safety and hygiene

Safety at work (Article 17)

The undertaking must take all necessary measures to protect the life and health of employees and to prevent accidents at work, in compliance with the relevant provisions. The employer must provide all necessary safety equipment.

Employees must comply with all relevant instructions and must help prevent accidents at work. Employees must make use of the equipment with which they are provided in order to ensure general safety in the workplace, and they assume a share of the responsibility for compliance with the applicable safety measures in accordance with accident prevention regulations. They must ensure that this equipment is properly maintained and, where necessary, must inform the employer immediately of any defect or weakness observed in safety equipment.

Once a year, the employer must give each employee a pair of safety shoes, which the employees must wear. In the event of premature wear or destruction, the shoes will be replaced on presentation. In the event of departure from the undertaking within 3 months of hiring, the employee must reimburse the employer for the cost of the shoes. The shoes will remain the property of the employee. In the event of departure from the undertaking between 3 and 6 months of hiring, only half of the cost of the shoes must be reimbursed.

Miscellaneous provisions, including those specific to the sector

Probationary period (Article 3)

The first 4 weeks after hiring are considered to be a probationary period. This probationary period is an integral part of any employment relationship, and therefore applies to any new employment contract without having to be in writing. The notice period during the 4-week probationary period is 4 days.

Provisions for equal treatment and non-discrimination

Equal treatment (Article 10)

In accordance with the Law of 8 December 1981 on equal treatment between men and women (repealed by the Law of 31 July 2006 introducing a Labour Code; the common-law provisions of the Labour Code apply), there is no distinction between genders in terms of remuneration, hiring conditions and initial and continuing training.