State employees

Period of validity of the collective agreement

This collective agreement entered into force on 11 February 2021 and is valid until 31 December 2023. (Article 75)

Personal and material scope

Scope (Article 1)

This collective agreement applies to state employees whose employment contract is not governed by other statutory provisions.

This collective agreement does not apply to employees formerly recruited as private employees in the service of the state or of a public establishment; or to employees employed on the basis of the Law on the budget.

Remuneration

Basic remuneration and total remuneration (Article 13)

The salaries, premiums and increases provided for in this collective agreement and its annexes are established on the basis of Article 1, Part B. of the amended Law of 22 June 1963 setting the numerical value of state civil servants’ salaries and the arrangements for the entry into force of the Law of 22 June 1963 establishing the salary system for state civil servants. They are subject to the adjustments provided for by that Law.

The salary depends on career, salary group, age and length of service.

The part of the salary that is dependent on salary group and length of service is defined by the salary grid (Annex).

Table of salary groups

Addendum to the collective agreement for state employees of 19 December 2016.

Salary groups (Article 32)

The salary group is determined in accordance with Articles 36 to 38.

The age of entry into service is determined as follows:

• for salary groups B and C, from the age of 18;
• for salary groups D and E, from the age of 19.

A date of birth that falls on a date other than the first day of the month is carried over to the first day of the following month.

The total remuneration consists of the following elements:

Article 14

The normal monthly salary is paid in full for the normal working time obtained from the working time of the calendar month at a rate of 40 hours per week.

The salary is pro rata in relation to the agreed working hours.

In the event that the wage entitlement does not exist for the entire working time as laid down in the work organisation plan and the normal working time framework for the whole calendar month:

• the hourly wage is calculated on the basis of the normal monthly salary divided by the 173 hours of statutory working time in the case of overtime;
• the daily wage is calculated on the basis of the normal monthly salary divided by the statutory working time of 30 days in the event of leave, dismissal or hiring in the course of the month.

Article 15

The employee’s remuneration is paid in advance according to the same schedule as that applied to the payment of the remuneration for state employees and civil servants. The salary is transferred to a private postal checking account indicated by the employee.

The monthly salary comprises the normal monthly salary for the current month (including, where applicable, family allowance, length-of-service premium and master’s premium) and hourly increases for the previous month.

A payslip, comprising the elements for calculating the salary and the deductions related thereto, must be given to the employee.

Article 16

In the event of material errors in the calculation of the salary, the necessary corrections must be made as soon as possible. Overpaid or missing amounts are accounted on the next payslip.

In accordance with the provisions applicable to state civil servants, the Minister may grant an exemption from reimbursement in respect of all or part of the amounts overpaid. A reimbursement is mandatory if the error is due to incorrect information provided by the employee or if the employee failed to report an easily identifiable error to the administration.

The employee must be given a hearing where the amount to be reimbursed exceeds 5% of the salary; the State Centre for Human Resources and Organisation Management may draw up a repayment plan for a fixed period.

Article 17

The employee is entitled to remuneration in accordance with the provisions of this collective agreement.

In the event of continued payment of wages without provision of a service in accordance with Articles 39 to 48, the employee receives the salary that they would have received without exemption from or cessation of work, thus the normal salary (salary grid) and, where applicable, the family allowance and the master’s premium.

Initial career (Article 35)

An employee who enters into service after the entry into force of this collective agreement is classified in the ‘initial career’ category corresponding to their salary group.

The first 2 years following the hiring of an employee who entered into service after the entry into force of this collective agreement are regarded as a ‘professional initiation period’.

At the end of the professional initiation period, an appraisal of the employee is carried out by an appraisal committee comprising representatives of the administration or of an administrative group on the one hand, and representatives of contracting trade unions on the other hand.

If the outcome of the appraisal is favourable, the employee is classified in the normal career of their salary group. If the outcome of the appraisal is not favourable, a reappraisal will take place 1 year later, i.e. after 3 years. If this reappraisal is also not favourable, a final appraisal may be made at any time during their career, at the employee’s request.

Only a favourable appraisal allows the transition from initial to normal career. Otherwise, the employee remains in the initial career.

The appraisal criteria relate to skills and professional attitude.

The appraisal arrangements are determined by the Minister for the Civil Service, upon the proposal of a working group comprising representatives from the Ministry of Civil Service and Administrative Reform and the contracting trade unions.

Other remuneration items

Remuneration for shift work (Article 19)

In the event of regular shift work, the employee receives a monthly bonus of 5 index points.

Remuneration in the event of on-call duty (Article 20)

Remuneration for an employee on on-call duty amounts to:

Where more favourable rules exist in an administration, they remain in force; no other derogation can be introduced.

Special allowance (Article 22)

The employee receives a special monthly allowance of 15 index points. A part-time employee receives this allowance in proportion to their weekly working time.

Single salary supplement (Article 23 and Article 24)

• The premiums and supplements for unsanitary work of 6 index points and the clothing allowance of 2 index points form, together with the special allowance of 15 index points, a single salary supplement totalling 23 index points, which is added to the basic salary on the salary grid. This supplement is shown separately below the index table.
• The canteen managers and the two trainers at the Nature and Forest Agency receive an increase in the salary supplement of 10 index points.

The Minister for the Civil Service may grant this additional salary to trainers in other administrations, at the request of the administration in question and on the advice of the Minister responsible.

Master’s premium (Article 25)

An employee in salary group E who has passed the master craftsperson examination is entitled to the master’s premium.

This premium amounts to 10 index points for a full role. It is calculated proportionally for employees in a partial role.

Premium after 20 years of service (Article 26)

After 20 years in the service of the state, the Crown, a municipality, a municipality association, a public establishment or the CFL (Luxembourg National Rail Company), the salary level is increased by 10 index points.

Travel and subsistence expenses (Article 27)

The provisions governing the reimbursement of travel and subsistence expenses of state civil servants apply.

Family allowance (Article 28)

An employee working full-time is entitled to a family allowance of 29 index points.

An employee working part-time is entitled to a family allowance in proportion to their working time.

The granting of the family allowance is governed by the provisions applicable to state civil servants. This provision also applies to employees in a partnership, even if the spouses or partners are employed on a part-time basis.

End-of-year allowance (Article 29)

Employees receive an end-of-year allowance paid with December’s salary.

The allowance is calculated in accordance with the provisions applicable to state civil servants.

Interest subsidy (Article 30)

The provisions governing the interest subsidy for state civil servants apply.

Working time

Normal working hours (Article 9)

The average weekly and daily working time is set by the employment contract. The working time may not exceed 40 hours per week but must be at least 16 hours.

For administrations facing extraordinary peaks in service activity at certain times of the year, the maximum working time may be increased to 48 hours per week, but may not exceed 10 hours per day, provided that the normal working time is reduced proportionally at another time of year (annual spread).

Annual compensation for working time is laid down in a work organisation plan drawn up by the administration after consultation with the staff delegation or, failing that, with the delegate released from for state duty for the purpose of serving on the delegation.

If, for certain jobs, work on Sundays and public holidays is required as part of the normal weekly working hours laid down in the work organisation plan, the employee is entitled to at least two free Sundays per month, if service needs so allow. Work on Sundays or public holidays provided for in the work organisation plan gives entitlement to compensatory time off during the current or following week.

Any special rules, the start and end of daily working hours and the start and end of breaks must be laid down in the work organisation plan. In the absence of such a plan, the provisions in force for state civil servants apply.

Work organisation plans must be approved by the Minister responsible and sent to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation and to the State Centre for Human Resources and Organisation Management.

Work organisation plans are drawn up and amended after consultation with the staff delegation or, failing that, with the delegate released from for state duty for the purpose of serving on the delegation.

When drawing up and amending work organisation plans, the following timetable must be observed: the work organisation plan must be submitted to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation, 3 months before its entry into force.

The staff delegation or, failing that, the delegate released from for state duty for the purpose of serving on the delegation, has 1 month in which to request any amendments. Failure to request an amendment before the deadline is regarded as agreement with the plan. The work organisation plan is sent to the Minister responsible for approval and, at the latest 1 month before its entry into force, to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation and to the State Centre for Human Resources and Organisation Management.

In the event of unforeseen work on Saturdays, Sundays or public holidays and on public holidays referred to in Article 46, a special work organisation plan must be drawn up, after prior consultation with the staff delegation or, failing that, with the delegate released from for state duty for the purpose of serving on the delegation. In the event of an emergency, the work organisation plan must be sent subsequently to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation.

Normal working hours (Article 10 and point 1 of the addendum of 8 December 2018)

The Head of Administration or their delegate may draw up a work organisation plan. In the absence of such a work organisation plan, the normal working hours are 8 a.m. to 12 p.m. and 1 p.m. to 5 p.m.

The Head of Administration or their delegate may set the reference period up to 2 months.

Where a work organisation plan has been drawn up and for a reference period of between 1 and 2 months, additional leave of 1.5 days per year is owed to employees actually affected by the work organisation plan.

For the purposes of the work organisation plan, the week means the period from Monday at 0.00 to Sunday at 24.00.

Sunday work means work performed on Sundays between 0.00 and 24.00. The same applies to public holidays.

For employees working shifts, Sunday and public holiday work starts at the beginning of the morning shift and ends at the beginning of the morning shift the following day.

Night means the period between 10 p.m. and 7 a.m.

In the case of shift work, the night period is that laid down in the work organisation plans.

In administrations where work of a seasonal nature is carried out, a summer timetable may be provided for the period from 1 May to 31 August. In such a case, the working hours are 6 a.m. to 2 p.m. For working time from 6 a.m. to 7 a.m., no salary increase for night work is granted. This summer timetable is set by an internal regulation of the Head of Administration or their delegate, following consultation with the staff delegation. This internal regulation must be sent to the State Centre for Human Resources and Organisation Management for information purposes.

Working time means the time during which the employee is at the disposal of the state. Working time begins and ends at the place of work defined in an employment contract. The latter provision does not apply to the Nature and Forest Agency in the case of a non-predetermined or alternating work shift.

Rest periods and journeys to and from the place of work are excluded from working time.

In the event of overtime work after the normal working hours laid down in the work organisation plan, the employee must be granted a break of 15 minutes, included in the working time; in the event of overtime work exceeding 2 hours, the break is 30 minutes.

Overtime (Article 12)

Overtime is considered to be any work carried out at the request of the Head of Administration or their delegate beyond the weekly limits of the normal working time laid down in Article 9. Overtime work of less than 10 minutes shall not be taken into account. In the case of ordered overtime, each half-hour started is counted as half an hour.

Additional hours resulting from compensation for annual spread are not regarded as overtime.

Overtime will in principle be compensated for by a corresponding rest period within 1 month. In the case of overtime that is compensated for, the rate of increase for the overtime is allocated separately. If service needs do not allow for compensation, overtime must be paid in full, with the employee receiving 1/173 of their normal monthly salary per hour plus the percentage laid down in Article 18 and, where applicable, the master’s premium supplement.

Overtime worked must be sent in writing to the State Centre for Human Resources and Organisation Management for information purposes. Approval of such overtime must be appended thereto.

Time-savings account (Article 12-1)

The time-savings account entered into force on 1 January 2022. The balance of leave not taken or carried over that is available to the employee upon the entry into force of the time-savings account is automatically allocated to their time-savings account.

Full-time and part-time employees with a permanent contract may take advantage of the time-savings account.

The time-savings account is kept in hours and minutes and is limited to 1 800 hours. Any surplus will be eliminated without compensation.

The following limited elements are to be added to the time-savings account at the employee’s request:

• At the end of the week, in the case of fixed-time work, overtime that has not been paid;
• At the end of the reference period, in the case of work organised in accordance with a work organisation plan, overtime that has not been paid;
• At the end of the calendar year, the compensatory rest provided for in Article L.231-7 of the Labour Code;
• At the end of the calendar year, the compensatory rest provided for in Article L.232-3 of the Labour Code;
• At the end of the calendar year, additional days of leave in excess of the statutory minimum provided for in Article L.233-4 of the Labour Code, insofar as the corresponding days of leave have not yet been taken during the current year;
• At the end of the calendar year, additional days of leave granted on the basis of Article L.211-6(2) subparagraphs 8 to 10 of the Labour Code.

An employee may request to consult their time-savings account at any time. A monthly statement will be made available to them electronically.

Time-savings leave is granted at the request of the employee by the Head of Administration or their delegate, provided that service needs do not preclude it. Time-savings leave is used in hours and minutes. The combination of time-savings leave and recreational leave may not exceed 1 year.

The time-savings account is liquidated in the following cases:

• termination of the employment contract;
• end of the employment contract;
• death of the employee.

In the event of the liquidation of the time-savings account, the compensation corresponding to the balance of time saved in the time-savings account is paid to the employee at the time of their departure in the form of a non-pensionable allowance. To convert the balance, 173 hours of time-savings leave corresponds to 1 month’s salary. The following elements are taking into account for the purpose of calculating the allowance: basic salary, family allowance, periodically paid premiums and end-of-year allowance.

In the event of the death of the employee, the compensation will be paid to the beneficiaries.

The employee continues to hold the same time-savings account and the resulting rights in the following cases:

• change of post;
• change of salary group;
• change of administration.

Remuneration for increases and overtime (Article 18)

Increases and supplements for overtime are set as follows:

• from the first hour of overtime: +50%
• for Sundays: +100%
• for public holidays: +200%
• when requested to replace a colleague for night work: +50%
• for night work: EUR 1 (index 100)
• when recalled from recreational leave in the event of an emergency (for the first day back): +100%

A work organisation plan must be drawn up in administrations that regularly use Sunday or night work. This work organisation plan requires the written opinion of the staff delegation or, failing that, the delegate released from for state duty for the purpose of serving on the delegation, and the approval of the Minister responsible. It must be sent to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation and to the State Centre for Human Resources and Organisation Management for information purposes.

If, in the case of work Sundays and public holidays, the compensation provided for in Article 12(3) is granted on a working day and the employee thus has a regular average monthly working time as described in Article 9, only the salary increase for work on Sundays and public holidays must be paid separately.

If the work on Sundays and public holidays does not exceed 20 hours per month, the compensation provided for in Article 12(3) may be waived with the employee’s consent. In the event of no compensation, the payment relates not only to the salary increase for the hours worked on Sundays and public holidays, but also to the normal payment for these working hours, provided that the monthly working time is exceeded.

A work organisation plan must be drawn up in administrations that regularly use night work. This work organisation plan requires the written opinion of the staff delegation or, failing that, the delegate released from for state duty for the purpose of serving on the delegation, and the approval of the Minister responsible. It must be sent to the staff delegation or, failing that, to the delegate released from for state duty for the purpose of serving on the delegation and to the State Centre for Human Resources and Organisation Management for information purposes. On-call duty must be rotated among employees to the greatest extent possible.

Increases and supplements for overtime can be cumulated.

Leave entitlement

Public holidays (Article 39)

Remuneration for statutory public holidays is in accordance with the relevant statutory provisions.

Recreational leave (Article 40)

Employees are entitled to annual recreational leave in accordance with the provisions applicable to state civil servants.

The days of leave are set as follows:

Annual recreational leave is:

• 32 working days
• 34 working days – from 1 January of the year in which the staff member reaches the age of 50
• 36 working days – from 1 January of the year in which the staff member reaches the age of 55

Compensation for leave not taken consists of the normal salary (salary grid) and, where applicable, the family allowance and master’s premiums, as well as the premiums referred to in Article 26 and the special allowance referred to in Article 22. If this compensation is due for leave not taken for a period exceeding 1 year, the calculation is performed on the basis of the last normal salaries paid in the respective years.

Extraordinary leave (Article 41)

On request, the employee will be granted extraordinary leave with continued pay within the limits set.

The extraordinary leave referred to in point 1 is due only twice at most during the employee’s career spent in the service of the state, irrespective of the event.

The terms ‘partnership’ and ‘partner’ refer, respectively, to partnership and partner within the meaning of the Law of 9 July 2004 on the legal effects of certain partnerships, as amended. For the purpose of this Article, the concept of ‘relative by affinity’ also refers to partners.

Extraordinary leave is governed by the provisions applicable to state civil servants.

Special leave may be granted by a government decree to the trade unions most represented at national level.

This leave may be granted by the trade unions to their representatives, as required.

Unpaid leave (Article 42)

Employees may take unpaid leave in accordance with the provisions applicable to state civil servants.

Parental leave (Article 43)

Employees may take parental leave in accordance with the provisions applicable to state civil servants.

Leave for family reasons (Article 44)

Employees may take leave for family reasons in accordance with the provisions of the Labour Code.

Social leave (Article 45)

An employee working full-time or occupying a role at more than or equal to 50% of a full role is be entitled, on request, to social leave for family and health reasons of a maximum of 24 hours per period of 3 months.

An employee occupying a partial role corresponding to less than 50% of a full role is entitled, on request, to social leave for family and health reasons of a maximum of 12 hours per period of 3 months.

In order to be eligible for this leave, the person who is sick or in need of a medical examination must be a relative or relative by affinity at least to the second degree with respect to the employee, or live in the same household, and the employee’s presence must be necessary. The employee must present a medical certificate stating, in particular, their relationship to the person in question and that the employee’s presence is justified.

For the purpose of this Article, the concept of ‘relative by affinity’ also refers to partners.

Social leave is not due during an employee’s leave for health or recreational reasons.

Release from work (Article 46)

Employees are eligible to be released from work with continued payment of their salary:

• on Whit Tuesday for 4 hours;
• on the afternoon of 24 December for 4 hours.

Where leave cannot be granted for service reasons, these working hours are paid with the increase for Sunday work. Release from work with continued pay must be granted at a later date.

Release from work is governed by the provisions applicable to state civil servants.

In the following cases, leave from work is granted at the employee’s request with continued payment of their salary, provided that the task giving rise to the release from work cannot be performed outside working hours (Article 47)

• Summons to official bodies.
• Carrying out civic and social duties arising from the legislation in force, such as elections, meetings of the Parliament, the Chamber of Employees, Social Committees, or the CNS (National Health Fund); old-age insurance and disability insurance bodies; official negotiations with state or municipal authorities or the CNS; or participation in legal or contractual conciliation committees.
• An essential medical appointment during working hours. However, continued payment of salary may not exceed 24 hours per year. In duly justified exceptional cases, absence from work for a medical appointment may be granted for a longer period with or without continued payment of salary.
• Authorised attendance at the funeral of a close work colleague. Release from work with continued payment of salary applies to staff members authorised by the line manager to attend the funeral.

Remand is governed by the provisions applicable to state civil servants. (Article 48)

The prohibition on engaging in gainful employment during leave is governed by the provisions of the Labour Code. (Article 49)

Termination of contract

Termination with notice, termination for serious misconduct, termination by mutual agreement and automatic termination (Article 56)

Termination with notice, termination for serious misconduct, termination by mutual agreement and the end of the employment contract are governed by the provisions of the Labour Code. However, termination with notice may be effected only following the disciplinary procedure provided for in Article 59.

Discipline (Article 59)

An employee who fails to fulfil their duties and obligations or performs them in a disinterested manner is liable to sanctions, without prejudice to the possible application of a criminal sanction. This applies, in particular, in the event of non-observance of working hours or unauthorised absences.

The disciplinary sanction varies according to the seriousness of the misconduct.

Disciplinary sanctions are:

a. a warning;

b. a reprimand;

c. a fine, which may not be less than one tenth of a gross monthly payment of the basic salary, and may not be more than this same monthly payment;

d. temporary suspension of a salary increase;

e. temporary reclassification to two salary steps lower;

f. dismissal with notice in accordance with statutory provisions. Such a dismissal may take place only if at least three sanctions as set out in points a), b), c), d) or e) have been imposed;

g. dismissal for gross misconduct in accordance with statutory provisions.

In the event of unjustified absence, the Head of Administration or their delegate must send the employee a written warning and deduct these hours of absence from their recreational leave.

If the employee no longer has any leave, they must compensate for their absence with overtime work. If, for reasons inherent to the service, such compensation is not possible, the time absent will be deducted from the salary.

As from the fourth unjustified absence within a period of 12 months, the Minister responsible may terminate the employee’s employment contract.

In the event of the imposition of the sanctions provided for under points a), b), c), d), e) and f) of paragraph 3, the staff delegation must be informed by the Head of Administration or their delegate. Under no circumstances may a sanction set out under points a), b), c), d), e) or f) of paragraph 3 be imposed until the employee has been given a hearing on the actions of which they are accused, in the presence of a staff representative or, failing that, a delegate released from for state duty for the purpose of serving on the delegation.

The sanctions provided for under points c), d) and e) of paragraph 3 and the dismissal provided for in paragraph 4 are imposed by the Minister responsible following consultation with a staff representative or, failing that, with a delegate released from for state duty for the purpose of serving on the delegation.

In the case of an employee who has been subject to the sanctions set out under points a), b) and c) of paragraph 3 and has not been subject to any further disciplinary sanctions for a period of 3 years, the sanctions imposed shall be considered as if not having occurred.

Dismissal with notice and dismissal for gross misconduct are delivered by the Minister responsible in accordance with the statutory provisions.

Regarding automatic termination of an employment contract, the provisions of Articles L.125-2 et seq. of the Labour Code apply.

For the purpose of applying Article L.125-4, point 2 of the Labour Code, the employment contract ends automatically upon expiry of the 52-week period of continued salary payment provided for in Article 55(1), without prejudice to an extension of that period following recommendation from the committee provided for in Article 55(4).

The employment contract ends automatically in the event of the employee being sentenced to a term of immediate imprisonment of at least 1 year or the removal of all or some of the rights listed in Article 11 of the Criminal Code, or if the employee is placed under court supervision.

Old-age or death pension (Article 57 and Article 58)

An employee in receipt of an old-age or disability pension will receive a pension supplement in accordance with the provisions of the Government-in-Council regulation in force. This provision applies only to an state employee who can prove services rendered and remunerated in one of the capacities defined therein or as a trainee, or on the basis of an individual and personal contractual employment relationship, before 1 January 1999, by the state, the Crown, a municipality, a municipal association, a public establishment, the CFL (Luxembourg National Rail Company), or a public establishment under the supervision of a municipality or by the Caisse de proviance des fonctionnaires et employés communaux (Provident Fund for Civil Servants and Municipal Employees).

In the event of the death of an employee in active service, a final salary calculated up to the end of the month (including, where applicable, family allowance, length-of-service supplement and master’s premium) will be paid. If the employee is survived by a spouse or children for whom the employee received family allowances, the dependants will be entitled to a death benefit equal to three times the amount of the last salary actually received, where applicable, plus the family allowance, the length-of-service supplement and the master’s premium

If the employee leaves neither a spouse nor any children for whom the employee received family allowances, but leaves a father or mother with whom the employee lived together, and for whose maintenance they provided, the parents are entitled to the aforementioned death benefit.

Other elements (including sector-specific provisions)

Recruitment (Article 2)

State employees are recruited in accordance with the statutory provisions.

In order to be admitted into the service of the state, an employee must fulfil the following conditions:

• be a citizen of a European Union Member State;
• enjoy civil and political rights;
• produce the required character references;
• meet the conditions in respect of physical and mental aptitude required to perform the role;
• meet the language knowledge requirements.

According to service needs, admission into the service may be granted to persons who are citizens of a non-EU country.

Probationary period (Article 4)

The first 2 months after entry into service are considered a probationary period.

The probationary period is regarded as working time and takes effect on the day of entry into service.

During the probationary period, the contract may be terminated without the reasons for dismissal needing to be provided; however, the 15-day notice period must be observed.

This collective agreement applies during the probationary period; therefore, special provisions on remuneration are not permitted.

Equal treatment and non-discrimination provisions

(Article 7)

Employees must not engage in any sexual, psychological or other forms of harassment, in accordance with the provisions applicable to state civil servants.

The provisions relating to the Commission spéciale en matière de harcèlement [Special Committee on Harassment] applicable to state civil servants also applies.

By way of derogation from these provisions, the interests of employees are represented by a delegate released from for state duty for the purpose of serving on the delegation.