Hospital establishments

Calculation of supplements for night work, Sunday work and work on official holidays

(Article 17)

The hourly wage is defined in accordance with the following formula:

• MS = Basic monthly salary;
• FS = Family allowance supplement;
• OC = Allowance for on-call duty;
• ST = sum total of the above three items (MS + FS + OC);
• TMWT = Theoretical monthly working time in force.

ST/TMWT = HW (hourly wage)

Theoretical monthly working time: 164.35 hours

Night

For each hour worked at night, employees shall be entitled to their standard hourly wage plus a supplement of 20 %.

• Supplement formula: HW x NH x 0.2 = EUR X.

Sunday

For each hour worked on a Sunday, employees shall be entitled to their standard hourly wage plus a supplement of 70 %.

• Uplift formula: HW x SH x 1.7 = EUR X

If the hours worked on a Sunday are compensated for by a corresponding rest period during the week, a supplement of 70 % shall be due:

• Supplement formula: HW x SH x 0.7 = EUR X

Official holidays

Working on official holidays shall grant entitlement to supplements for working on official holidays.

The employee shall also be entitled to:

• remuneration for the hours actually worked,
• an uplift of 100 % for the hours worked

• Uplift formula: HW x HH x 2 = EUR X

If the official holiday worked falls on a Sunday, the uplifts are cumulative:

• Uplift formula: HW x HH x 2.7 = EUR X

If the hours worked on an official holiday are compensated for by a corresponding paid rest period during the week, only the 100 % supplement on the remuneration for the hours actually worked shall be due:

• Supplement formula: HW x HH x 1 = EUR X

If the hours worked on an official holiday that falls on a Sunday are compensated for by a rest period corresponding to a paid working day during the week, only the 170 % supplement on the remuneration for the hours actually worked shall be due:

• Supplement formula: HW x HH x 1.7 = EUR X

If the hours worked on an official holiday that falls on a Sunday are compensated for by a rest period corresponding to 2 paid working days during the week, only the 70 % supplement on the remuneration for the hours actually worked shall be due:

• Supplement formula: HW x HH x 0.7 = EUR X

Remuneration for overtime (Article 18)

The following formula shall be applied: HW x OT x 1.5 = EUR X

End-of-year bonus (Article 19)

The employee shall receive an end-of-year bonus, payable with the salary for December.

The amount of this bonus shall be equal to 100 % of the basic salary due for the month of December.

An employee whose employment starts during the course of a year shall receive the same number of twelfths of the established percentage of the basic salary for December as the number of months they have worked since their employment started.

An employee whose employment ends during the course of a year for reasons other than those entailing dismissal for serious professional misconduct shall receive the same number of twelfths of the established percentage of their final monthly salary as the number of months they have worked during the year.

Entitlement to the end-of-year bonus arises only after a minimum of 3 months’ work carried out during the year in question in FHL member establishments.

Implementing Regulation of 5 July 2001 approved by the Joint Committee provided for in the Collective Bargaining Agreement for employees employed in Luxembourgish hospital establishments (Annex 5)

Applicable to the holiday pay and bonus payment entitlement

• GENERAL RULE
  • Must have worked at least 3 months during the year
  • Only whole months worked will be taken into account
• EXCEPTION TO THE 3-MONTH LENGTH OF SERVICE REQUIREMENT:
  • In the event of a change of employer within the FHL, the full length of service will be taken into account for the holiday pay and bonus payment entitlement, provided that the total period worked is at least 3 months.

• PAY DATE FOR THE HOLIDAY PAY AND BONUS PAYMENT:
  • GENERAL RULE:
    • The holiday pay and bonus payment will be paid at the end of June.
    • However, there are exceptions.

BENEFIT

VALUE IN EUR

Breakfast

0.75

Main lunchtime or evening meal

2.80

Lunchtime or evening meal consisting of a simple snack

1.25

Accommodation per month in a single room*

24.7894 to 111.5521

Accommodation per month in a room with two or more beds

16.9559 to 61.9734

Monthly price for full board in a single room

112.9532 to 205.7516

Monthly price for full board in a room with two or more beds

112.9532 to 156.1729

Type of calculation

Applicable calculation

Examples

Calculation of gross annual working time

The gross annual working time (grossat) is obtained by multiplying the number of days in the year (d), minus the number of Saturdays (sa) and the number of Sundays (su), with the normal gross daily working time (7.6).

For year n:

grossat(n) = (d(n) - sa(n) - su(n)) x 7.6

For 2015:

Grossat(2015) = (365 - 52 - 52) x 7.6 = 1983.6.

Calculation of semi-net annual working time and conversion of official holidays and customary public holidays into days of standard leave not assigned to a specific calendar date

For the purposes of defining semi-net annual working time (seminetgrossat), four customary public holidays and six official holidays are converted into days of standard leave not assigned to a specific calendar date. For the definition of semi-net annual working time, only five official holidays will be taken into account.

The semi-net annual working time is calculated by reducing the gross annual working time by the number of official holidays and non-converted customary public holidays multiplied by the normal gross daily working time.

For year n:

seminetgrossat(n) = grossat(n) - (4 x 7.6)

For 2015:

seminetgrossat(2015) = 1983.6 - (4 x 7.6) = 1953.2.

Calculation of the average monthly reference period

The average monthly reference period (avMRP) is obtained by dividing the semi-net annual working time by 12.

For year n:

avMRP(n) = seminetgrossat(n) / 12

Example for 2015: avMRP(2015) = 1953.2 / 12 = 162.77.

Calculation of the minimum monthly reference period and the maximum reference period

The minimum monthly reference period (minMRP) is determined by reducing the average monthly reference period by 10 %. The maximum monthly reference period (maxMRP) is determined by increasing the average monthly reference period by 10 %.

Partial hours longer than a half hour are considered full hours

For year n:

• minMRP(n) = avMRP(n) - (avMRP(n) x 10 %).
• maxMRP(n) = avMRP(n) + (avMRP(n) x 10 %).

Example for 2015:

• minMRP(2015) = 162.7 - (162.7 x 10 %) = 146.5 - rounded to 146
• maxMRP(2015) = 162.7 + (162.7 x 10 %) = 179

Maximum number of days per year

Calculation

Examples

This theoretical number of working days is the maximum number of working days that an employee may be required to work.

Reduce the number of days (d) in the year by the number of Saturdays (sa), the number of Sundays (su) and the number of official holidays not converted (4).

For year n, maxd(n) = d(n) - sa(n) - su(n) - 4

Example for 2015: maxd(2015) = 365 - 52 - 52 - 4 = 257

Example/explanations

Overtime:

The hours actually worked at the place of work exceed the daily working time laid down in the initial plan.

• A change notified to the employee within a period of less than 120 hours (5 days) prior to them actually working shall be regarded as exceeding the daily figures of the initial work plan. If it relates to a working day on which no work was initially planned, it is understood that the entirety of the actual working time shall be considered as exceeding the daily figures of the initial work plan. However, a change notified to the employee 120 hours (5 days) or more prior to them actually working shall not be regarded as exceeding the daily figures of the initial work plan. Simply shifting the work schedule, without exceeding it, shall not give rise to any uplift.
• Working hours that exceed the monthly number of hours defined in the initial work plan.
• The hours actually worked as part of the on-call service.

Uplift of overtime hours worked

• Each hour worked shall be uplifted by 50 % (not applicable in the case of exceeding the daily figures due to personal convenience)
• An official statement of overtime will be provided to the employee on a monthly basis.
• If the total number of hours worked for the reference period is less than the normal working time due to personal convenience, this difference will be carried forward to the period immediately following and deducted before application of the coefficient for the remuneration of overtime.

Compensation for overtime and the uplift thereof

Credit for Overtime Hours (CHS)

Each hour of overtime worked, along with any applicable premium, is recorded in the employee's CHS (Overtime Credit).

As of January 1, 2022, all hours credited to the "employer's overtime credit" will be transferred to the "employee's overtime credit." After this, the "employer's overtime credit" will no longer be used. The employee has control over this overtime credit. If the service's operational needs permit, the employee will be compensated with time off at an agreed-upon date. The employee may use their overtime credit in hours, half-days, or full days. The status of the overtime credit will be communicated to the employee on a monthly basis.

On October 1 of each year, the employee may transfer all or part of the overtime hours from their CHS to the "Employee Hours Deposit" (DHS) as outlined in Article 7.3.2.a) of this agreement.

By October 31 of each year, the employer will automatically pay for all hours exceeding 38 hours that are not deposited in the DHS, as defined in Article 18 of this collective agreement.

Employee Hours Deposit (DHS)

The Employee Hours Deposit (DHS) allows employees to accumulate overtime hours at their request. Only employees with a permanent contract (CDI) may contribute to the DHS. The DHS is capped at 900 hours per employee, regardless of the employee's work schedule. This cap cannot be exceeded. The DHS is accumulated and used in hours. The employee cannot be compelled to contribute to the DHS against their will. The employer must implement a system that ensures accurate and detailed record-keeping of the DHS for each employee. The status of the DHS will be communicated to the employee on a monthly basis.

Using the Employee Hours Deposit (DHS)

The employee can use the DHS by requesting it in hours, half-days, or full days. To use the DHS, the employee must submit a written request to their employer within the following timeframes based on the requested absence period:

• 3 months for an absence greater than 1 month but less than or equal to 3 months
• 6 months for an absence longer than 3 months

The employee delegation and management, following the decision-making processes outlined by the Labor Code, can define the procedures for requests involving DHS usage of less than or equal to 1 month, as well as the process in case of refusal, and the procedures for changing the employee's service assignment following the use of DHS. Within 1 month of receiving the request, the employer will grant or refuse the employee's DHS request in writing for requests exceeding 1 month.

The employer may refuse the use of the DHS for the following reasons:

• Service needs
• Justified requests from other employees

The employee has the right, upon completion of the DHS usage, to their conventional entitlements, occupation rate, and a position corresponding to their professional qualifications. Reintegration into a managerial or staff position, or in the service of their previous assignment, can only be guaranteed as far as possible. If the employee falls ill during the recovery period for the DHS hours, the hours corresponding to the illness (with a medical certificate) will be re-credited to the DHS. If extraordinary leave occurs during the employee's DHS usage period, the hours covered by the extraordinary leave will also be re-credited to the DHS. DHS usage hours are considered actual working time for determining the employee's annual leave and the rights and obligations arising from the employee's seniority.

In the case of termination, resignation, retirement, death, or mutual agreement to end the employment contract, the employer will pay for all DHS hours, as defined in Article 18 of this collective agreement.  

Availability threshold

Presence of the employee in the establishment/on site within a certain period of time following the call

Allowances

Basic hourly rate of the on-call allowance = EUR 0.8552 index 100

Present in the establishment within 10 minutes of the call

Basic hourly on-call duty rate x 125 %

Present in the establishment within 30 minutes of the call

Basic hourly on-call duty rate x 100 %

Present in the establishment within 60 minutes of the call

Basic hourly on-call duty rate x 50 %

Present in the establishment within 240 minutes of the call

Basic hourly on-call duty rate x 25 %

Specific day (cumulative allowances):

Night time (between 18.00 and 08.00)

Sunday work (from 06.00 on the Sunday to 06.00 on the Monday)

Official holiday (from 06.00 to 06.00 the following day)

Daily rate, in addition to the accessibility allowance:

+20 %

+70 %

+100 %

The supplements granted are cumulative.  

Intermittent working time (shift splits)

• Work with successive teams: may not be split by a period of unpaid time except for meals taken at the cafeteria at the employee’s initiative.
• Other work patterns: a shift split may be no shorter than 1 hour and no longer than 2 hours.

Only one shift split per day is permitted. Exceptions to these principles remain possible in accordance with the Agreement.

Breaks

Simple snack breaks not exceeding 15 minutes will not be deducted from the calculation of working time if the employee works at least 5 hours consecutively. The staff delegation may draw up or negotiate internal rules on breaks in each establishment with management.

Continuous rest period per working day

14 hours of continuous rest per working day

Uninterrupted rest period per week

Each employee shall be entitled to an uninterrupted rest period of 44 hours per week. Employees who have not been able to take that rest will be entitled to 1 additional day of leave for each complete period of 8 weeks, whether successive or not, during which the uninterrupted rest of 44 hours per week is not granted.

Compensatory rest for night work

Employees shall be entitled to 1 day of paid rest for every 160 hours of night work. The hours for which the supplement for night work is paid shall be taken into account.

General principle

26 free weekends per year; in exchange, employees may be required to work 26 weekends per year.

For each period of three weekends worked that exceeds the number of 26 weekends, the employee shall be entitled to 1 additional day of standard leave:

(to be taken in the year following the reference year; if they are not converted into leave days, they cannot be taken in the following year)

29 weekends worked per year

1 additional day of standard leave

32 weekends worked per year

a second additional day of standard leave

35 weekends worked per year

a third additional day of standard leave

And so on...

Principle

26 statutory days

With exceptions for people aged 50 and over

Standard days of leave

10 days comprising four customary public holidays and six official holidays shall be converted into days of standard leave not assigned to a specific calendar date.

Extraordinary leave

Article L.233-16 of the Labor Code.

Special leave on social grounds

• Maximum of 5 times the normal daily gross working hours per year. It is divisible.
• In the case of part-time work, this duration is prorated.
• The employee is entitled to social leave according to the following exhaustive list:
• Events directly related to the employee requesting social leave:
  • Judicial summons (personal matters)
  • Examinations related to studies
  • Major incidents (e.g. fire at home)
• Events related to a person with a first-degree family relationship to the employee (child, father, mother) or a direct relationship (partner/spouse) where the employee's assistance and extraordinary intervention are essential:
  • Care and assistance in case of illness or accident
  • Medical visits, surgeries, and therapeutic sessions
  • Major issues related to a child's education (medical-psychopedagogical interventions)
• The request must also specify the start and duration of the period for which social leave is being requested. In duly justified cases, the commission may grant an extension for submitting the required supporting documents.
• In the case of employee abuse, sanctions are provided for by the collective agreement.

Unpaid leave

Unpaid leave may be granted in accordance with the Collective Bargaining Agreement:

• Following maternity leave, settling-in leave or first instance of parental leave
• For specific reasons
• Without specific reasons

General rules

• In principle, employees will be classified in the new career bracket scale at the value level immediately above the point value of the level reached on 1 October 2017. Thus, employees who would have had a biennial period date in October on the basis of their former career bracket will first benefit from the biennial period date before being classified in the new career bracket.
• For university career brackets now classified in CA10 or CS10, classification should be to the value level equal in points or the level immediately above.
• For employees who have reached the level with the final (end of career) biennial period in their former career bracket, the number of levels spent at the end of career stage in the former career bracket will be added to the level obtained in accordance with the rule on classification to the level immediately above.
• A table showing the matching of levels as at 1 October 2017, in application of both the above general rules and the following specific rules, is annexed to this text (Annex 5b).

• For the revalued old careers (OU1, ES1, ES2 (except for educators), ES3, ES4) and considering the significant difference between the new grids and the old grids, the respective new career grids will be reduced fictively on a transitional basis for the purpose of determining the level in the new career by one or more levels. Employees concerned will be classified in the new career at the level immediately higher than the point value of the level reached on October 1, 2017, increased by a biennial adjustment.
• Employees who were in service on September 30, 2017, and remained in service on October 1, 2017, and classified in career EA2, will exceptionally be classified in career CA3bis. The career grid will, however, stop at 268 points at the end of the career. It is included in the "Transitional Career Grids" table (Appendix 4.1bis).
• Each employee in service on September 30, 2017, and still in service on October 1, 2017, will receive an updated "career sheet" with their October 2017 pay slip for information.
• The signatory parties are aware that the new careers have a different progression compared to the old careers. In principle, the new careers will at least match the cumulative income of the old careers over a full professional life of 38 years, except in the case referred to in point b) under specific rules above. The signatory parties have identified cases where the cumulative income, during the progression of certain careers, may be lower than in the old career.
• It may happen that an employee in service on September 30, 2017, and still in service on October 1, 2017, reaches an age where they will not be able to access more favorable levels even though they have already reached retirement age or early retirement pension. The following is agreed to ensure that the employees concerned do not suffer a loss. It is expressly agreed that voluntary early retirements are not included: For each individual employee whose calculated cumulative difference between the old career and the new career at the time of their retirement age shows a negative balance, the employee is entitled to an individual monthly supplement to compensate for the loss due to the classification in the new career starting from October 1, 2017. In this case, the right to the individual monthly supplement arises from the first month in which a negative difference is observed in the cumulative difference between the old career and the new career. The individual monthly supplement corresponds to the difference between the number of points in the old career and the number of points in the new career for the given level. The amount of the individual monthly supplement is determined by multiplying the number of points as defined in the previous paragraph by the value of the index point as defined in Article 13 at the time when the individual monthly supplement is due. The individual monthly supplement is paid each month as long as the number of points in the new career is lower than the number of points in the old career for the relevant level, and if applicable, until the end of the employment contract.
• All of the hours counters for each employee will be frozen as of September 30, 2017, and valued at the corresponding hourly rate. Each employee will receive a statement of these hours on September 30, 2017, generally with their September 2017 salary statement.
  These counters include:
  • Credits for overtime hours (CHE/CHS)
  • Rest days (for on-call duties, worked on-call hours, compensation for night work, failure to meet the number of free weekends, failure to meet the uninterrupted weekly rest period)

By mutual agreement between the employer and the employee, these counters may be paid by calculating them using the hourly rate applied on September 30, 2017.

If these hours are compensated with time off, the hourly rate at the time of recovery will be applied.

In the case of termination of employment after October 1, 2017, any carried-over leave from previous years and any unpaid leave due until September 30, 2017, may be paid by calculating them using the values applied before the revaluation measures came into effect on October 1, 2017.  

Employees hired in the CS4 or CS8 career levels, with a start date between October 1, 2017, and September 30, 2018, will be recruited based on the CS4bis or CS8bis careers.

These careers correspond to the CS4 and CS8 careers, respectively, reduced by two levels. Employees hired in the CS4 or CS8 career levels, with a start date between October 1, 2018, and September 30, 2019, will be recruited based on the CS4ter or CS8ter careers.

These careers correspond to the CS4 and CS8 careers, respectively, reduced by one level. The progression of these "bis" and "ter" careers is presented in the "Transitional Career Grids" table in Appendix 4.1bis.

CA1

Manual worker without a diploma. Former career brackets classified in OU1.0 and OU2.0

CA2/CS2

Employee without a diploma. Former career brackets classified in EA1.0, EA2.0 and OU3

CA3

Employee who has completed the third year of secondary or technical secondary education and has at least 2 years’ professional experience with a manual skills certificate (certificat de capacité manuelle – CCM), a preliminary technical and vocational certificate (certificat d'initiation technique et professionnelle – CITP) or a vocational capacity certificate (certificat de capacité professionnelle – CCP). Former career brackets classified in OU4.0 and EA 2.1

CA4/CS4

Employee holding a vocational skills certificate (certificat d'aptitude technique et professionnelle – CATP), a professional skills certificate (certificat d’aptitude professionnelle – CAP) or a vocational aptitude diploma (diplôme d’aptitude professionnelle – DAP). Employee who has completed the fifth year of secondary education. Employee with a general secondary school leaving certificate (certificat de fin d'études de l'enseignement moyen). Employee who has completed 5 years of secondary technical education in the technical or technician regime. Former career brackets classified in FA3.0 and ES1.0. Persons classified elsewhere in the former career bracket scale but holding a vocational diploma (diplôme d’aptitude professionnelle – DAP).

CA5

Employee holding a master craftsman’s certificate (brevet de maîtrise). Employee holding a technician’s diploma (diplôme de technicien) (technician regime in secondary technical education). Former career brackets classified in EA3.1

CA6/CS6

Employee holding a secondary school leaving certificate (certificat de fin d'études secondaires) or a technical secondary school leaving certificate (certificat de fin d'études secondaires techniques) and engineer-technicians. Former career brackets classified in EA4.0 and teacher

CA7

Employee holding a higher technician’s certificate (brevet de technicien supérieur – BTS): nurse, laboratory medical technical assistant, administrative BTS.

CA8/CS8

Employee with a specialised higher technician’s certificate (Brevet de technicien supérieur spécialisé – BTSS): medical technical radiology assistant, medical technical surgery assistant, psychiatric nurse, paediatric nurse, anaesthesia and resuscitation nurse and midwife

CA9

Employee with a bachelor’s degree. Former career brackets classified in EA5.0. Former career brackets classified in ES5.0: graduate teacher, graduate hospital nurse, laboratory technician, dietician, occupational therapist, psychomotor therapist, social hygiene assistant, social assistant, speech therapist and physiotherapist

CA10/CS10

Employee with a master’s degree (Bac + 5/6 years of higher education)

Employees without a diploma from previous careers classified in EA1.O, EA2.0, OU3, CA1.

Employees who have completed the 5th year of secondary school or the 9th year of technical secondary school and have at least 2 years of professional experience. Employees holding a CCM, CITP, or CCP (professional qualification certificate) from previous careers classified in OU4.0 and EA 2.1.

Employees holding a CATP, CAP, or DAP. Employees who have completed the 3rd year of secondary school. Employees holding the certificate of completion of general education or secondary technical education. Employees who have completed 5 years of technical secondary education under the technical or technician scheme from previous careers classified in EA3.0, ES1.0. Individuals classified elsewhere in the previous career but holding a DAP.

Employees with a Master’s Certificate or Technician diploma (technical secondary education). Previous careers classified in EA3.1.

Employees holding the certificate of completion of secondary school or technical secondary school, as well as engineer-technician. Previous careers classified in EA4.0, educator, and pharmacy assistant.

Employees with a Higher Technician Certificate (BTS): nurses, medical laboratory assistants, administrative BTS.

Employees with a Specialized Higher Technician Certificate (BTSS): medical radiology assistant, medical surgical assistant, psychiatric nurse, pediatric nurse, anesthesiology and resuscitation nurse, midwife.

Employees with a Bachelor’s degree. Previous careers classified in EA5.0, previous careers classified in ES5.0: graduate educator, graduate hospital nurse, laboratory technician, dietitian, occupational therapist, psychomotor therapist, social hygiene assistant, social worker, speech therapist, physiotherapist.

Employees with a Master’s degree (Bac +5/6), including physiotherapists with a Master’s degree (300 ECTS) or an equivalent higher education qualification in massage-physiotherapy certified by the Ministry of Higher Education and Research.