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Airport Services of Luxembourg Findel Airport

As this information is not intended to be exhaustive, readers should refer to the Collective Bargaining Agreement for further details.

Since this document is informative in nature, only the officially published legal texts and Collective Bargaining Agreement are authoritative.

Term of validity of the Collective Bargaining Agreement

Applicable from 1 January 2019 until 31 December 2020 and shall then be renewed automatically on an annual basis (Article 3)

Scope in terms of staff and facilities

Scope (Article 2)

The Agreement shall apply to all employees employed under employment contracts in the ground-handling services sector at the airports included in the list of ground-handling services set out in the Annex to the Act of 19 May 1999 on civil aviation published in Official State Gazette A No 57 of 21 May 1999

With the exception of employees belonging to senior management, as specified in Article L.162-8 of the Labour Code, and employees who are hired for a position abroad.

Remuneration

Payment of salaries (Article 25)

Monthly remuneration shall be paid on the penultimate working day of each month.

For an employee who, for whatever reason, has not completed a full month’s work, the salary shall be calculated in proportion to the number of hours or days actually worked, compared to the total number of hours for the working days in the month in question.

In the event that the employee leaves, the outstanding balance will be paid as soon as possible (on the penultimate working day of the month to which it relates) and, at the latest, at the end of the month in question.

When an employee primarily engaged in manual activities is temporarily posted to a better-paid position, they will receive at least the basic salary of that category, if the duration of the posting exceeds 7 days.
When an employee is posted to a less well-paid position, they will receive the salary for their occupation in accordance with the legal provisions. Upon their return to the original position, a salary report is required only if the duration of their posting to the better-paid position exceeds 6 months.

Other elements of remuneration

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

When an employee is hired, account shall be taken of their experience in the same sector and of acquired knowledge relevant to the company when determining their salary at the beginning of their years of service.
The recognition of length of service may not exceed 10 years.
The employer may, in accordance with individual and exceptional disciplinary measures, suspend an annual and biennial uplift. This suspension will be valid for 1 year. Management will inform the Staff Delegation of this accordingly.
Any essential clause of an employee’s employment contract may always be amended but such amendment cannot be the consequence of the new classification in the salary scale.
In the event of a vacancy or availability of a position within a service or department, preference should be given to internal promotion where possible.
Any promotion may take effect only after effective performance in this new role as the main position, following successful completion of the defined probationary period.
Where there is a permanent accumulation of duties for more than 6 months over a 12-month reference period, the highest role performed as the main position shall determine the classification.
Any promotion shall result in a new salary at least equal to that which is immediately higher than the last salary the employee received before advancement.

So-called ‘13^th month’ benefit (Article 27)

Employees shall be entitled to a 13^th month. Spread as follows:	Allocation %
Year 2	33 % of the basic monthly salary for December
Year 3	66 % of the basic monthly salary for December
Year 4 onwards	100 % of the basic monthly salary for December

If an employee’s employment starts during the course of a year: they shall receive the same number of twelfths of the benefit as the number of entire months they have worked since their employment started.

If an employee leaves employment during the course of a year: they shall receive the same number of twelfths of their final monthly salary as the number of entire months they have worked during the year.

In the event that an employee takes parental leave: they shall receive the same number of twelfths of the benefit as the number of months they have worked during the year.

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

The above provisions shall not apply to any employee employed on a probationary basis who leaves the employer before permanent employment.

Profit Sharing Bonus (Article 28)

Employees shall be entitled to the payment of a profit sharing bonus under conditions and in accordance with procedures to be determined between the signatory parties.

Bonus for functions assigned to employees primarily engaged in manual activity (Article 29)

Who is eligible?	Employees whose main task is to drive a motorised company vehicle on the airport premises or on public roads
Amount of the bonus	EUR 10 (index 100) and will be linked to changes in the cost-of-living index
Allocation of the bonus	after a successful probationary period of 80 hours, to be completed as far as possible within a month, provided that they hold a safe driving certificate (attestation de conduite en sécurité – ACS) or a valid licence issued by a body accredited with the Accident Insurance Association (Association d’Assurance Accidents) and at the proposal of the Head of Service.
Bonus payment date	The first day of the month following the proposal of the Head of Service.
Withdrawal or suspension of the bonus	By written decision of the employer. The staff delegation will be informed.

Staff catering (Article 31)

Employees shall be entitled to canteen service or, failing that, to meal vouchers, the amount of which shall be fixed at EUR 10.80, with the employee’s contribution being a maximum of EUR 3.60, with a minimum of 228 vouchers per year.

Working time

Working hours (Article 11)

Ground staff

Working hours	40 hours per week based on a monthly reference period Part time: a reference period calculated pro rata OR a different reference period for specific services, negotiated between the contracting unions and the employer
	8 hours per day Part time: between 4 and 8 hours (unless an exemption is expressly requested by the employee and in agreement with the employer)
	Reference period (can be amended only after consultation of the two sides of industry): Maximum 10 hours per day Maximum 48 hours per week
Working time	Time spent changing clothes is not included
Break	Minimum 30 minutes No earlier than 3 hours and no later than 6 hours after starting work Logging break time remains mandatory In the case of irregular work, 15 minutes of the 30-minute break are remunerated
Without a local working time pattern	Managers who exercise management power and whose presence is essential to ensure the supervision and functioning of the undertaking Staff whose tasks involve regular travel abroad, to the extent that they enjoy a large degree of independence in the organisation of their work and working hours
Part-time work	To create part-time positions: obligation to consult the Joint Committee Availability of positions must be advertised internally Normally blocks of 4, 6 or 8 hours are applicable Priority information on positions for persons who have already reported their desire for a part-time or full-time position Requests to work part time: in writing, signed and sent by registered letter or delivered by hand before the envisaged start of the new occupancy rate If the request is denied: written response providing justification within a reasonable time frame before the envisaged start of the new occupancy rate Depending on the severity of the family circumstances, the employer, in coordination with the staff delegation, reserves the right to decide on and give priority to such a request in the case of potential candidates for the position to be filled with equivalent qualifications and experience. Rights of part-time employees: The same rights as any other employee in the same position, on a pro rata basis in proportion with the time worked for remuneration.

Work Organisation Plan (WOP) (Article 12)

Before a final WOP is drawn up, each employee may request that their head of department take into account certain personal needs. Such requests will be followed up to the extent possible.

Any change of position (work start and finish times)	Must be interrupted by a continuous rest period of 11 hours
Drawing up the WOPs	A 4-week rotation that is adapted to the month and which must include at least one free weekend at least 3 days long and including a Saturday and a Sunday.
Changes to the WOP	The employer will endeavour to ensure that the same steady rhythm is maintained and will only make changes after consulting the staff delegation and receiving its approval. The frameworks of the WOPs of the various services must be negotiated and annexed to this Agreement. Any derogation from the general rules will be the subject of an agreement to be negotiated between the two sides of industry.
Implementation of the WOPs	Submitted to the staff delegation for its opinion at least 10 working days before the start of the period covered. Any dispute from the staff delegation must be made within 2 calendar days to the employer or its representative, who must make any potential corrections within a further 2 calendar days. An employee who becomes aware of an irregularity in their service plan shall immediately inform their supervisor or administrative secretariat, who will take the necessary steps if appropriate. Service plans will be distributed or published 5 calendar days before the start of the reference period. A copy will be sent by post to the Labour and Mines Inspectorate (Inspection du Travail et des Mines – ITM).

Overtime (Article 13)

Payment and procedures for overtime shall be in line with the provisions of the Labour Code.

Work on official holidays (Article 14)

· For information purposes, the official holidays are as follows:

- New Year’s Day,

- Easter Monday,

- 1 May (Labour Day),

- the Luxembourgish National Day (23 June),

- Assumption Day,

- All Saints’ Day,

- Christmas Day,

- Boxing Day.

Sunday work (Article 15)

This refers to hours worked on Sundays between 00.00 and 24.00.

Night work (Article 16)

This refers to work between the hours of 22.00 and 06.00.

Uplifts (Article 17)

The rates for the uplifts are as follows:

- Hours worked at night 25 %

- Hours worked on Sundays 70 %

- Hours worked on official holidays 100 %

All percentages shall be cumulative.

These uplifts shall be calculated based on the normal hourly wage calculated by dividing the monthly salary by 173.

In the event that an employee is called in to work, the company shall pay the employee for a minimum of 2 hours of work, plus travel expenses. Mileage costs shall be calculated in accordance with the Grand-Ducal Regulation of 18 January 2006.

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

Employees aged 50 or over shall have the option of requesting reduced work.
In those circumstances, such a request will be handled first and foremost on condition that a position is available and that the employee in question has or obtains the requisite qualifications.
This transfer will result in remuneration for the new position and there shall be no option to obtain financial compensation, where applicable.

Entitlement to leave

Annual leave (Article 18)

Principle	30 days
Scheduling leave	Principle: scheduled freely by the employee and must be taken in a single instalment, unless business needs require leave to be split into blocks of at least 2 calendar weeks.
Booking leave	In accordance with the procedure in force – Response deadline for granting or rejecting a request to take leave:
	Duration of leave	Response within
	< 3 days	3 working days
	> 3 days	10 working days
	Written reasons must be given for any rejection
Request for leave of up to 3 consecutive days outside of school holidays and busy periods	Must be accepted if the request is made before the 12^th of the month in question, subject to the rule on the percentage of staff on leave below
Rule on the percentage of staff on leave	The employer must ensure a maximum of 20 % of staff on leave per shift (excluding absences)

Leave (Article 19)

Leave for length of service	Length of service	Days of leave for length of service
	5 years	1 day
	10 years	2 days
	15 years	3 days
	20 years	4 days
	25 years	5 days
	30 years	6 days
Unpaid leave	The procedures for this type of leave are laid down in the Collective Bargaining Agreement.
Additional leave	Employees primarily performing manual activities, whose service does not allow for uninterrupted rest of 44 hours per week, as ascertained by the Labour and Mines Inspectorate, shall be entitled to additional leave of 3 working days per year. At the end of each year, the service to which the employee is assigned will determine the total balance of the additional leave. The employee shall be entitled to additional annual leave of 6 working days. The relevant implementing rules are governed by the Grand-Ducal Regulation of 26 July 1966, implementing Article L.231-11 of the Labour Code.

Contract termination

End of the contract and notice periods (Article 6)

All employees on fixed-term contracts 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.

Exit interview: companies with more than 150 employees

(Procedures for the exit interview are laid down in Article L.124-2 of the Labour Code)

Time frame for the interview:

At the earliest: a minimum of 2 working days after delivery by hand
In the event of delivery by post: a minimum of 4 working days after sending and not before 16.00 for night workers without gardening leave

Severance pay (Article 6)

In accordance with the second paragraph of Article L.124-7(1) of the Labour Code

Health, safety and hygiene

Health and Safety at Work (Preamble)

Health and safety newsletters will be posted regularly within the company in order to inform employees about the number and nature of occupational accidents for different routes.

A Health and Safety Committee shall be available to employees to gather any suggestions relating to health and safety at work. The company will do its utmost to guarantee its employees a secure environment and will ensure that employees can only carry out work for which there has been adequate training.

Dress code (Article 10)

Employees shall be expected to be clean and tidy in their dress and appearance and to adopt a professional attitude in the course of their activities.

Employees will receive written notification of any complaint made against them, by a client, in their personal file. The staff delegation will receive a copy and any objections must be notified to the employer within 1 month.

The company shall provide employees with work clothing, including all personal protective equipment, in accordance with the Job Description or the position held. Employees shall be obliged to wear them.

The technical specifications of the equipment shall be the responsibility of the Delegation for Safety and Designated Workers and must reflect the result of the risk analysis drawn up in accordance with the legal provisions in force.

Work clothing shall not necessarily be personal protective equipment and therefore the Safety Officer and the Designated Worker(s) only validate the safety features.

In the interest of health and safety at work, all hierarchical levels shall be obliged to strictly monitor the wearing of personal protective equipment.

Cleaning allowance for clothing

Monthly allowance for employees to clean their work clothing

Excluding:

Catering staff for whom cleaning is carried out by the company in accordance with HACCP obligations.
Staff for whom, due to changes in legislation or other changes, the company is obliged to carry out the cleaning at its expense.

Amount of the allowance

EUR 4.19 index 100 per month, per person, payable twelve (12) times a year.

It is considered to be a gross allowance on top of salaries and will be paid together with the salary supplements for the respective months. (The allowance is indexed and will be adjusted in line with the automatic increase in the cost of living).

Variation in the allowance

The allowance shall vary according to the number of hours worked in the month.

The gross amount of the allowance shall be divided by the number of hours of monthly work planned, multiplied by the number of hours actually worked.

The number of hours actually worked shall include all overtime worked during the month and the number of hours of leave, but the number of hours of absence and sick leave shall be deducted.

During the months in which the employee starts and ends their employment, the allowance will be calculated on a pro rata basis in the same manner. Start date earlier than the 15^th of the month, payment of the full monthly allowance. Start date later than the 15^th of the month, payment of half of the monthly allowance.

General accident and illness prevention obligations (Article 20)

Employers are obliged, in compliance with the relevant legal provisions, to take all necessary measures to protect the life and health of employees and to prevent accidents.

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

Other elements (including sector-specific provisions)

Hiring and probationary period (Article 5)

The relationship between the employer and the employee shall be governed by the provisions of the Labour Code in force.

Property rights – Intellectual property (Article 10.16)

Where an employee develops creations or inventions protected by copyright during the performance of their employment contract, the property rights will be assigned to the employer by the employee.
The employee will not receive any remuneration other than their salary in exchange for this assignment.
For the way in which as yet unknown works protected by copyright are to be used, where necessary, the parties will negotiate a share of the profits generated by such use for the employee.
The employer will be able to use the Creations freely, under its own name or any name or a trademark it chooses, without any need to mention the employee’s name. The employer shall have the right to update or adapt the Creations to the needs of the undertaking and to take all measures necessary to protect them.

Supervision at the workplace (Article 24)

As regards the monitoring of employees in order to prevent acts of theft and/or receiving stolen goods, the signatory parties have agreed that such monitoring 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 member of staff on an assignment abroad (Article 32)

In the event of illness of a member of the company’s staff during an assignment or a limited secondment abroad, medical, surgical and hospital care shall be at the company’s expense, minus the amounts reimbursed by the statutory and supplementary social security institutions.

This rule on the involvement of the company shall apply only insofar as the treatment and prescription of pharmaceutical supplies are given to the employee by a doctor approved by the company, except in urgent cases in which it would be impossible to reach an approved doctor.

The rule shall not apply if it is proved by the company that the cause giving rise to those costs is attributable to the employee.

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

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

Internal regulations (Article 37)

Internal regulations may exist in addition to the Collective Bargaining Agreement concluded with the contracting trade unions. The provisions of the internal regulations shall not be contrary to or less favourable than the provisions of this Collective Bargaining Agreement. Any internal regulations and any amendments thereto must be validated by the Joint Committee, where it exists.

Miscellaneous (Article 38)

Transfer of the service contract

In the case of the transfer of the service contract, following an invitation to tender or a decision of the customer, the obligation to transfer the employment contract shall apply.

Gift for 25 years of service

Choice of a gift or payment of an amount equal to the maximum tax-exempt amount (Tax Exemptions LIR115.13a)

Extra-legal benefits shall be defined in the internal regulations.

List of ground-handling services covered by the sectoral agreement

The list is available in Annex I.