Garage workers

Period of validity of the collective agreement

Valid from January 1, 2022, to December 31, 2023 (following automatic renewal in accordance with Article 33 of the collective labor agreement).

Personal and material scope

Material scope (Article 3)

Applicable to all businesses in the garage sector established as independent businesses in the Grand Duchy of Luxembourg, which therefore includes all undertakings performing one or more of the following tasks, deliveries or services: sale, repair, maintenance and provision of services on motor vehicles of all types and accessories.

Personal scope (Article 3)

Applicable to all employees employed by such undertakings, unless otherwise provided for in this text.

The administrative staff, in terms of supervisory and support functions not directly related to the execution of the company’s main activity, are also part of this agreement.

Salespersons of new and used vehicles are also subject to the provisions of the collective labor agreement.

The individual employment contract must clearly indicate whether the salesperson of new or used vehicles falls under this definition; if so, the employee representation must be informed.  

The following are expressly excluded from the scope:

• all apprentices with an apprenticeship contract subject to the specific provisions on apprenticeship contracts under the Labour Code;
• employees who are senior managers within the meaning of Article L. 162-8(3) of the Labour Code.

Remuneration

Salary is subject to free agreement, but may not be lower than the standard tariff structure of the statutory minimum wage.

Administrative employees

The statutory minimum wages apply.

Salespersons of new or second-hand vehicles

Insofar as they are remunerated on a commission basis, it is however up to each party to an individual employment contract to assess whether a bonus is set and whether this is officially defined as a bonus or another type of premium. Therefore, the individual employment contract must clearly indicate whether the salesperson of new or second-hand vehicles falls within the scope of this definition; if so, the employee representative must be notified thereof.

Young workers

• 17-18 years of age: 80% of the tariff wage
• 15-17 years of age: 75 % of the tariff wage

Other remuneration items

The classification into the various pay categories is based on the certificates to be submitted upon hiring, except for unskilled employees (NQ), for whom the classification is based on length of service in the undertaking.

•  
• Salary increase of 8%: Obtaining the "Brevet de Maîtrise" (Master’s Certificate).
• Salary increase of 5%: Obtaining the "Electricité automobile / Electronique automobile" diploma.
• Calculation of seniority in the company for unqualified employees: Years of work performed in the company under an employment contract before the age of 18 are taken into account.
• Unqualified workers who change sectors during their career and later return to the garage sector:
  • If they have not worked in their profession (qualification) during their absence, these years of work are not counted towards their career.
  • If they have continued working in their profession (qualification), these years are fully counted. Proof must be provided by a work certificate.

Payment of salaries (Article 19)

• 1 calendar month: advances may exceptionally be made on the basis of a written individual agreement between the employer and the employee.
• The employee must have received the salary for the preceding month no later than the 5^th day of each month. If the salary payment falls on a non-working day, payment must be made on the day preceding the non-working day.
• The employee receives a detailed payslip no later than when the remuneration for each month is paid.
• Each employee must receive a statement separately showing payments and deductions together with the final amount.

Bonus (Article 22)

All employees receive an annual bonus:

These bonuses are not cumulative and not linked to fluctuations in the cost-of-living index, and are therefore not adjusted.

In general, the total amount of the bonus is paid to each employee on a full-time basis (i.e. bonuses are adjusted for part-time work, parental leave, etc.).

The annual bonus is paid no later than December.

When the employment contract begins or ends during the calendar year, the employee is entitled to 1/12 of the bonus per month of work. Fractions of working months of more than 15 calendar days must be counted as full working months.

If the employee is dismissed for serious misconduct, no bonus is payable.

This provision cannot disadvantage an employee who benefits from other internal agreements more favorable regarding an annual bonus. This applies particularly to employees of ADAL who were hired before January 1, 2011, as employees, and whose bonus is still calculated based on the terms of the amendment to the collective labor agreement of February 20, 2000, and is also maintained .

Working time (Article 7)

Overtime work, working on Sundays and public holidays, night work (Article 8)

Right to leave (Article 9)

Health, safety and hygiene

Tools and work clothing (Article 25)

• Each employee shall be provided with tools, work equipment and office equipment by the employer.
• After the end of the probationary period, each technical employee is provided with two sets of work clothing (shirt and trousers, overalls) per year for free but only as required.
• Employees working in areas where this is required shall receive a pair of safety shoes for free. Safety shoes must be worn. Shoes are replaced free of charge once a year on presenting and exchanging the worn pair.

Safety, health and hygiene (Article 27)

For specific tasks, as well as for tasks that are dangerous and harmful to health, the employer shall provide adequate protective equipment and clothing.

Every undertaking must be equipped with:

• Fully operational ventilation systems and evacuation systems for combustion products;
• One or more vacuum devices for work on brakes;
• Visible and clearly marked extinguishers.
• Inspection pits must be provided with a safety border and an emergency exit and must be capable of being covered when not in use.
• The employer must provide an adequate location, meeting the hygiene conditions in force, where employees can eat their meals, in accordance with the relevant provisions of the Labour Code. This also applies to the storage of clothing for which corresponding arrangements must be provided.
• The undertaking must ensure perfect hygiene conditions, in particular with regard to the presence of the corresponding washing and shower facilities, toilets or the like.
• The necessary professional soap shall be made available to employees by the employer for free.
• In turn, employees are required to comply with safety measures and to help ensure an accident-free workplace.

Other elements (including sector-specific provisions)

Solidarity early retirement (Article 24)

From the age of 57, employees may apply for early retirement in accordance with the Labour Code.

Employee liability (Article 26)

The employee shall be held liable for damage caused to vehicles, machinery, tools, work clothing, work shoes and materials only if they have acted improperly or if fault, i.e. premeditation or gross negligence, can be attributed to them. The employer must prove that the employee has intentionally caused damage or has been guilty of serious misconduct.
Employees must keep undertaking and business secrets confidential.