This information is not intended to be exhaustive, and reference should be made to the Collective Agreement for further details.
This document is merely for information, and only the officially published legal texts and Collective Agreement have legal authority.
Period of validity of the Collective Agreement
This Agreement is for a period of 28 months starting on 1 January 2012 and expiring on 30 April 2014. It is then tacitly renewed on an annual basis. (Final provisions)
Personal and material scope
Material scope (preliminary Article and 1 §4)
It applies both to employees with a full-time contract and to employees with a part-time contract, to employees with a fixed-term contract and to employees with a permanent contract.
It does not apply to students hired under Article L.151 of the Code du Travail [Luxembourg Labour Code] relating to the employment of pupils and students during holiday periods, trainee pharmacists, or to trainees and apprentices being trained in pharmacies open to the public.
Remuneration
Determining the start of a career and length-of-service bonus (Article 11)
Determining the start of a career
The notional starting age is set at:
- 19 years for employees in career brackets A, B and C;
- 21 years for employees in career bracket D;
- 25 years for employees in career bracket E.
Upon entry into service, an employee shall in principle be classified with the starting length-of-service grade (0) for their career bracket. From that point in time, they shall advance by one length-of-service grade every year. The month for which the advancement is taken into account shall be the month following the month of the anniversary of their employment.
If, however, the employee has not reached the notional starting age on the day of their entry into service, they shall be classified with a waiting length-of-service grade (-1) in their career bracket. They will advance to the length-of-service grade of their career bracket in the month following their birthday when they reach the notional starting age. From that point in time, they will advance every year in accordance with the salary scale, the month for which the advancement is taken into account each time being the month following that of their birthday.
Length-of-service bonus
All employees who enter into service after the notional starting age and who are able to present the recognised diplomas or certificates required for carrying out their function will benefit from career reconstruction at the time of their hiring with a view to determining the notional starting point.
The bonus rules are as follows:
- all years of service worked in pharmacies open to the public in Luxembourg are calculated at 100% and without limit from the notional career starting age;
- All years of service worked in a hospital pharmacy in Luxembourg are calculated at 90% and without limit from the notional career starting age;
- All years of service worked in acceptance or execution in a wholesale pharmaceutical company in Luxembourg are calculated at 75% and without limit from the notional career starting age.
- All years of service worked elsewhere in Luxembourg or abroad are calculated at 50%, with a maximum of 4 years being recognised at 50%.
The bonus is calculated in whole months and any period not covering a whole month is disregarded.
Table of career brackets (Article 12.1)
Career bracket A |
Employee without a diploma with a level of qualification below career bracket B |
Career bracket B |
Having completed 5 years of technical secondary education in technical or technician studies |
Career bracket C |
|
Career bracket D |
|
Career bracket E |
Qualified pharmacist authorised to practise the profession in the Grand Duchy of Luxembourg. |
Salary scale (Article 12.2)
Basic monthly pay shall be paid in accordance with the salary scale of this Collective Agreement. The amounts on this scale are shown in euro at index 100 for the cost of living.
On-call service (Article 8)
On-call and emergency service includes hours outside the pharmacy’s normal opening hours (working days, Sundays and public holidays).
Remuneration for attendance (Article 8.1)
Remuneration for attendance:
- A working day (even if a Sunday or public holiday): 6 hourly rate payments or compensation of 6 hours of free time
- Part of the service is provided (even on a Sunday or public holiday): bonus/compensation shall be pro rata.
Remuneration for actual working time (Article 8.2)
For on-call and emergency services, the actual working time to be counted is fixed at a flat rate of 3 hours before midnight and 1 hour after midnight.
If the employee provides only part of the on-call and emergency service, this flat rate shall be pro rata.
For on-call and emergency services on Sundays and public holidays, the actual working time to be counted is fixed at a flat rate of 6 hours for the period from 8.00 to 18.00.
If the employee provides only part of the on-call and emergency service on a Sunday or public holiday, this rate shall be pro rata. In addition to counting these hours as working time, the employee May opt at the beginning of the year for payment of:
- An additional 70% of their hourly rate for each hour counted on a Sunday;
- An additional 100% of their hourly rate for each hour counted on a public holiday;
- An additional 25% of their hourly rate for each hour counted at night;
or
- Taxes levied during on-call service up to a maximum of EUR 400 per on-call and emergency service. The employer will ensure that work plans (including actual on-call working hours) are drawn up to guarantee that employees do not exceed the upper daily working time limit (10 hours) and the upper weekly working time limit (48 hours).
Calculating overtime for working nights, Sundays and statutory public holidays (Article 13)
Revalorisation increases are cumulative
Hourly rate |
Formula |
An employee’s hourly rate is defined according to the following formula:
MS/TMWH = HR (hourly rate) |
Night work |
From 22.00 to 6.00 |
For each hour worked at night at the hourly rate plus 25% |
Sunday work |
From 00.00 to 24.00 |
For each hour worked on a Sunday at the hourly rate plus 70% |
Work on a statutory public holiday |
26 statutory days |
For each hour worked on a statutory public holiday at the hourly rate plus 100%. |
End-of-year allowance |
Employees receive an end-of-year allowance, payable with the December salary. From the year in which the employee completed:
An employee who leaves service during the year for reasons other than those giving rise to dismissal for serious professional misconduct shall receive as many twelfths of the anticipated percentage of the last basic salary as months they have worked over the year. Only full months of work, i.e. those without interruption of the employment contract by a cause other than statutory or contractual leave due during the employment contract, will be taken into account. Periods of parental leave, recreational leave, sick leave and other statutory and contractual leave due during the employment contract period will be taken into account for calculating the end-of-year allowance. |
|
Other remuneration items
Drawing up the Initial Work Plan (ITP) (Article 6)
Each work plan must be drawn up for a minimum duration of 1 calendar month and for each individual employee.
It shall be published no later than 7 calendar days before coming into effect.
It shall indicate, for the whole monthly reference period:
- The employee’s different working days;
- The time of start of work and the time of end of work for each working day as well as, where applicable, the duration of an unpaid or paid interruption in work;
- The working hours of each working day;
- The days/hours of leave or of compensatory time off; the type of leave;
- The total working hours in the ITP (which must correspond to the total hours to be worked for the month in question). Employees’ wishes (requests for free time except requests for statutory leave) must reach the employer or their representative, in writing and duly signed, by the 15th of the month preceding the month in question.
Wishes must be respected as far as possible when the work plan is finalised, unless precluded by service needs or the wishes of other pharmacy employees.
Overtime and compensation (Article 7)
Overtime revalorisation increase
Each hour of work recognised as overtime shall be increased by 50%.
Compensation in free time
Overtime work and the revalorisation increase thereof shall be compensated in additional free time. One hour of overtime is equivalent to one and a half hours of additional free time.
The employee will be free to dispose of overtime hours and revalorisation hours in the form of credit hours. At their request, they may be compensated either in hours, half-days or full days.
This request may be refused by the employer for urgent service reasons. The reason for the refusal must be specified to the employee. On request, the employer shall inform the employee of their credit hour balance.
Remuneration
The employee and the employer may decide by mutual agreement for overtime and revalorisation increases to be paid immediately, i.e. in the next monthly payment.
The basic calculation for overtime is: the average hourly rate obtained by dividing the gross monthly salary (basic salary) by 173.
On-call service
On-call and emergency service includes hours outside the pharmacy’s normal opening hours (working days, Sundays and public holidays). It is accepted by the signatory parties that on-call service does not correspond to normal working time, but comprises part attendance and part actual working time.
Participation in on-call service is an integral part of the profession of pharmacist.
This applies only to employees holding an accredited pharmacist diploma and authorisation to practise as a pharmacist. Other employees are required to take part in on-call service in accordance with the employer’s instructions.
In this case, attendance time shall be counted as actual working hours and, where applicable, other provisions concerning working time and remuneration shall apply.
Right to leave
Statutory recreational leave (Article 9.1)
Statutory recreational leave amounts to 25 days.
Additional leave (Article 9.2)
The employer grants the employee 3 days of additional leave corresponding to customary (local or national) public holidays.
The employer shall grant an additional day of leave from 17 January of the year:
- On the employee’s 50th birthday,
- After 15 years of service in the same pharmacy, the same concession or with the same employer
The employer shall grant an additional day of leave from 1 January of the year:
- On the employee’s 55th birthday,
- After 20 years of service in the same pharmacy, the same concession or with the same employer
The procedure for applying for and granting this additional leave is similar to that in force for statutory recreational leave.
Leave for medical appointments and blood donation (Article 9.3)
Employees must be on a permanent contract.
They shall be entitled to this leave on two occasions 4 hours per year, upon prior request and with a medical certificate stating the date and time of the appointment.
Leave for medical appointments cannot be carried over.
Leave for medical appointments for employees working on a part-time basis shall be pro rata.
Full-time employees shall be entitled to time off, with pay, for the time needed to donate blood and platelets.
This time off may not exceed a total of 8 hours per year and is conditional upon the employer receiving a certificate from the competent authority justifying the absence. Any additional donation shall not entitle them to salary compensation except in cases of force majeure such as the calling up of blood or platelet donors in the event of a disaster or in the event of an express request from the competent authorities (e.g. in the case of a rare blood group).
Social leave (Article 9.7)
The employee is entitled to one (1) day of social leave as per the exhaustive list given in the Collective Agreement.
If social leave is requested for an event other than those given in this list, the employer may grant the employee’s request.
The arrangements for taking this leave are laid down in the Collective Agreement.
Termination of contract (Article 3)
In accordance with the provisions of the Code du Travail.
Health, safety and hygiene
Work clothing (Article 15)
Employees are required to carry out their professional activities in clean work clothes suitable for their function in the company.
Upon hiring, the employee shall receive from the employer:
- 2 sets of work clothes, or
- Reimbursement for the purchase of work clothes up to a maximum value of EUR 120. The employee must provide proof of purchase.
In January each year, the employer reimburses the employee, on presentation of supporting evidence, for the purchase of work clothes up to a maximum value of EUR 120. If the employer provides the work clothing, no reimbursement is due. At the end of the employment contract, the employee is required to return the work clothes to the employer in clean condition.
Other points (including sector-specific provisions)
Continuing vocational training
Continuing vocational training is provided for in Article 19 of the Collective Agreement.
Equal treatment and non-discrimination provisions
Maintenance of additional remuneration and of all other benefits (Article 20)
After the signing of this Collective Agreement, employees in service on 30 June 2006 shall be entitled to the benefits that the employer had granted them before the entry into force of this Agreement and which are not included in this Agreement, and which are superior to the provisions of this Agreement. In particular, the following are to be considered as such advantages: additional remuneration, benefits in kind, end-of-year allowances, bonuses, additional days of leave. These benefits cannot be combined with similar benefits set out in this Agreement.