Social sector

Term of validity of the Collective Bargaining Agreement

Applicable from 1 January 2021 to 31 December 2023 (Article 2)

Scope in terms of staff and facilities

Scope in terms of staff and facilities (Article 3)

This Agreement shall govern the working conditions and remuneration of all employees under an employment contract within a Luxembourgish or foreign undertaking or part thereof referred to in Article 1 of the amended Act of 8 September 1998 governing relations between the State and bodies active in the social, family and therapeutic fields and providing, principally and on a non-ad-hoc basis, day and/or night intake and accommodation services for more than three persons at the same time or consultation, assistance, care, support, guidance, social training, leadership or occupational guidance services within the territory of the Grand Duchy of Luxembourg, as well as in employment or return-to-work services.

The Collective Bargaining Agreement shall also apply to employees of signatory employers’ federations. It shall apply to both full-time and part-time employees, to temporary employees and to permanent employees.

The Collective Bargaining Agreement sets out a non-exhaustive list of establishments that shall fall within this scope.

The following shall not fall within the scope of this Agreement

• Establishments that fall within the scope of the following collective bargaining agreements:
  • The ‘Collective Bargaining Agreement for employees employed in hospitals and member establishments of the Fédération des Hôpitaux Luxembourgeois’ (FHL CBA);
  • The ‘Collective Bargaining Agreement for employees of the Mondorf-les-Bains Thermal Spa Resort’;
  • ‘Collective Bargaining Agreement for employees of the Association pour la Gestion des Écoles et Internats de la Doctrine Chrétienne (AGEDOC a.s.b.l.) and the Association pour la Gestion des Écoles des Sœurs de Ste. Elisabeth (AGEDESSE a.s.b.l.)’ ;
• Traders and commercial companies that operate facilities such as crèches, nurseries and day-care centres for the care and education of children;
• Employees whose employment relationship is governed by a legal or regulatory public sector staff regulations;
• Employees with the status of a State employee;
• Students recruited under the Act of 22 July 1982;
• Apprentices, whose status is governed by the legal provisions in force;
• ‘Supervised’ employees in sheltered workshops, work placement or work integration measures or comparable services, who therefore benefit from psychosocial guidance from their employer;
• Beneficiaries of an integration or return-to-work measure;
• Employees performing ‘SOS parent’ functions at the ‘Letzebuerger Kannerduerf Foundation’;
• Senior management referred to in Article L.211-27(5) of the Labour Code;
• Employees who are members of a board of directors by virtue of their mandate as staff representatives shall fall within the scope of this Agreement.

Remuneration

Remuneration (Article 21)

The basic remuneration of employees shall be calculated in accordance with the provisions of this Agreement, on the basis of the employees’ career scale and the value of the salary index point.
The monthly value of the SAS (support and care sector and social sector) salary index point at index number 100 of the applicable level of the sliding wage scale shall be set as follows: EUR 2.41733 (value as at 1 January 2021).

For the purposes of determining the value of the SAS sector salary index point by applying the sliding wage scale, the first five decimal places shall be used by applying a commercial rounding procedure.

General provisions (Article 22)

The employer shall retain the right to recruit an employee, who holds a specific certificate or diploma, to a position corresponding to a different career bracket from that of their diploma. However, if a vacancy is announced in a given career bracket, the employer may not recruit a person holding a certificate or diploma corresponding to the vacancy into a career bracket with a lower level of remuneration.

Any disputes shall be referred to the Joint Committee, which shall also have the power to propose new career brackets if necessary, in accordance with the established salary hierarchy.

Obtaining a new diploma (other than the one on the basis of which they were recruited) shall not entitle the employee to a change of career bracket.

 An employee intending to obtain a certificate or diploma during their employment shall be recruited into the career bracket that corresponds to the minimum qualification required for admission to the training, without recognition of any length of service and for a maximum of 6 years. This provision shall apply exclusively to training courses agreed jointly between the employee and the employer.

Failure to obtain the diploma concerned by the end of the 6-year period or the discontinuation of training shall constitute sufficient grounds for termination of the employment contract. This period shall be extended by any waiting period, which is not attributable to the employee, required before starting the training.

Upon successful completion of the training, the employee shall remain classified in the abovementioned career bracket until they become eligible for classification in a career bracket corresponding to their new qualification. In such cases, the employee will join the new career bracket with the carryover of the number of points acquired or, where appropriate, the level corresponding to the duration of the training.

Career bracket table and wage scale (Article 23)

* Premiums provided for in Article 27 to be taken into account

 

Other elements of remuneration

Uplift for overtime work (Article 9C)

Subject to the derogations established in the Collective Bargaining Agreement, the uplift of 50 % for overtime hours worked is posted to the ‘employer’ time credit.

Alternatively, and in agreement with the employee, the employer may pay for overtime uplifts at the rate of 50 %. Each hour of overtime shall be eligible for only one overtime work uplift.

Payment

By way of derogation from the system of compensation by means of free time, the employee and the employer may, by mutual agreement, accept immediate payment, i.e. at the time of the next monthly statement, of overtime worked and the uplifts.

In such cases, the uplift payment for overtime worked shall be 50 %.

The calculation basis for overtime shall be the average hourly wage obtained by dividing the gross monthly salary by 173.

The gross monthly salary shall consist of the basic salary plus, where appropriate, the position bonus and the responsibility bonus.

The general principle for the payment of overtime and overtime uplifts may be determined at service work pattern (régime de travail du service – RTS) level for all employees in a service.

On-call duty (Article 9D)

Only periods of standby or on-call duty of more than 120 minutes in a single month shall be uplifted.

Work on Sundays, official holidays and at night

• The provisions of the Labour Code, in particular Articles L231-7 and L232-7 et seq. shall apply in relation to work on Sundays (Article 10) and official holidays (Article 11).
• Night work (Article 12): between 22.00 and 06.00 for each hour of night work, the employee shall be entitled to an uplift of 25 %. Hours worked on the night of a Sunday or an official holiday shall entitle the employee to the aggregation of the relevant uplifts.
• Uplifts shall be paid at the time of payment of the salary for the month following that in which the corresponding hours were worked. (Article 13)
• Calculation of supplements for night work on Sundays and official holidays during annual leave and sick leave (Article 14): during annual leave, Article L233-14 of the Labour Code shall apply and, during sick leave, Article L121-6 of the Labour Code shall apply.

End-of-year bonus (Article 26)

• Employees shall receive an end-of-year bonus, payable with the salary for December, or, where applicable, at the end of the employment contract.
• This bonus shall be equal to one-twelfth of the sum total of the basic salary paid to the employee during the year in question.
• The basic salary to be taken into account shall consist of the following elements:
  • The remuneration corresponding to the employee’s career bracket level and length of service, as set out in the pay scale provided in Article 23 of this Collective Bargaining Agreement;
  • Any position or responsibility bonus. Other elements of remuneration shall not be taken into account. In particular, such elements shall include uplifts for night work, work on Sundays and official holidays, overtime and on-call duty.
• The end-of-year bonus shall not be payable in the case of dismissal for serious misconduct.

Other elements of remuneration (Article 27)

Responsibility bonus

The employer shall have the right to grant bonuses to employees who are required to assume hierarchical or special responsibilities. Such bonuses may be allocated either fully or partially in the form of benefits in kind.

Position bonuses

• Bonus for a master craftsman’s certificate related to the work required of the employee in question: bonus of 15 points.
• Bonus for specialised health occupation related to the work required of the employee in question: staff holding a diploma as a specialist nurse or medical technical assistant (C5): bonus of 15 points.

Clothing allowance

Institutions shall provide their staff carrying out craft-based, manual or care tasks with work clothing declared essential by the employer to meet health and safety requirements, either in kind or by means of vouchers.

Only where provision in kind is impossible and the issuance of vouchers is not financially viable due to the small amount of clothing should the clothing allowance be converted into monetary compensation.

In such cases, the institution shall ensure that the staff members use the allocated allowance for the purchase of appropriate work clothing.

In the latter case, the employee concerned shall receive clothing allowance of EUR 200 per year.

The above amounts shall be applicable to employees working on a complete task or with a partial task exceeding 20 hours per week. For employees working 20 hours per week or less, the amounts shall be reduced by half. The procedure for allocating the clothing allowance shall be as follows:

• the allowance shall be granted only to employees employed on permanent employment contracts as of 1 October of the ongoing year;
• employees who have not yet completed the probationary period as of 1 October shall receive the subsidy from the time when they obtain their permanent contract;
• employees on temporary contracts shall be entitled to the allowance if they work for a period of 6 months in a single year.

Meals (Article 30)

Staff who, during their meals, carry out feeding supervision or support tasks for users shall be exempt from any contribution to the costs of such meals.

Working time

Organisation of working time (Article 9A)

Principle:

• 40 hours per week
• 8 hours per day

Exception: monthly reference periods established on the basis of structured annual working time.

Semi-net annual/monthly working time (SNAWT/SNMWT)

Semi-net annual/monthly working time = number of days (minus Saturdays and Sundays) x number of official holidays (except those falling on Saturdays or Sundays with the normal gross daily time).

This calculation shall be performed by the Joint Committee for each year and for each month individually, with the total constituting the ‘semi-net monthly time’.

Average monthly reference period (AMRP)

AMRP = semi-net annual working time / 12

Monthly reference periods (MRPs)

MRP = for each employee: The upper limit shall be determined by increasing the AMRP or the SNMWT by 10 %, with the higher of the two resulting values being used to set the range. The lower limit shall be determined by reducing the AMRP or the SNMWT by 10 %, with the lowest value being used to set the range (see calculation made by the Joint Committee).

The MRPs serve as the basis for:

• Service work patterns (SWPs)
• Initial work plans (IWPs) for each employee
• Overtime work statements for each employee

The MPRs set for each month and for each employee shall form the basis for Service Work Patterns (SWPs), Individual Work Plans (IWPs) and overtime work statements. Each of the 12 monthly reference periods (MRPs) of a calendar year must comply with the following three limits:

• The sum of the 12 MRPs must correspond to the semi-net annual working time (SNAWT).
• The MRPs shall not be less than or more than the number of hours of the range maximum value unless there are legal grounds for services with considerable fluctuations.

In the case of part-time employees, these limits shall be adjusted in proportion with the duration of their employment contract.

All working hours exceeding the pre-defined semi-net annual working time shall be uplifted and added to the time credits. Any hours not worked in relation to the pre-defined semi-net annual working time may be deducted from the employer’s credit, up to a maximum of 20 hours per year. Any hours not worked in excess of 20 hours per year shall be cancelled.

The initial work plan (IWP)

The IWP of each employee shall determine the distribution of their work over the month.

Planning (Article 9B)

The service work pattern (SWP)

The service work pattern shall be established in writing and shall state the following.

• The weekly distribution of working days.
• The daily working time.
• The start and end of the daily working time.
• The provisions applicable to the organisation of leave.
• A time limit for the acceptance or rejection of a request for leave. The request for leave shall be deemed to have been accepted automatically if the time limit is not met.
• Procedures for authorising overtime.
• The special provisions in the context of exceptional work patterns established in point B.1.3.
• Other special provisions (e.g. flexible working time provided for in Article L.211-8 of the Labour Code).

To the extent possible, the SWP shall ensure a fair distribution of working days and daily working hours among the staff members of the service for each given qualification.

Introduction or change of a work pattern

This is done in accordance with the following procedure.

• Both the employer and the staff delegation may submit a written proposal for the introduction or change of a work pattern to the other party. At the same time, the party in question shall submit a proposal for a date to discuss the proposal in question to the other party.
• In the event of disagreement between the parties during this discussion, the first party to act shall submit a new proposal, different from its initial position, to the other party in writing. At the same time, the employer shall propose a date for the discussion of this new proposal.
• In the event that, following the proposals and consultations described above, no agreement is reached, the matter may be referred to the Joint Committee by the first party to act, in order for it to issue a mediation opinion on the positions in question.
• In the event of disagreement at the end of mediation, but no earlier than the month following the communication of the Joint Committee’s opinion, the employer shall take the necessary decisions regarding the work pattern to be applied.

In the absence of a staff delegation, the introduction or change of a service work pattern shall be discussed between the staff concerned and the employer, following the same procedure as described above. Staff may be assisted by the trade unions which are signatories to the Agreement during the discussions in question. Employers may be assisted by the signatory employers’ federations.

During the start-up phase of a new service of their undertaking, the employer shall determine the work pattern following the procedure described above, if the work pattern differs from those of the other services already in force.

During the start-up phase of a new undertaking, the employer shall free to set the SWP in the first year without needing to follow the procedure described above. If it is an undertaking which needs to hold elections for a staff delegation, it shall initiate the procedure described above once the staff delegation is established. Upon starting work, each person recruited shall receive a copy of the work pattern in force. When a work pattern is introduced or changed, the changes in question shall be sent to each employee on request.

Services with considerable fluctuations

For services the operational nature of which entails considerable fluctuations during certain periods of the year, the employer may introduce specific work patterns for certain months of the year which deviate from the minimum and maximum MRP limits. All other contractual provisions must be respected.

Such patterns may be introduced for employees of the following services.

• Services that organise holidays lasting at least 5 calendar days and which provide for remuneration per hour of presence on holiday of more than 60 % of a working hour.
• Holiday services or services the functioning of which is characterised by a significant increase in workload during school holidays.
• Services with closed periods during school holidays or other holidays.
• Other services with a significant increase in workload during some months of the year. The Joint Committee may extend the list of services referred to above.

The maximum number of working days per year

The service work pattern, as well as an employee’s initial work plans, shall be drawn up in such a way as to comply with the maximum number of working days per year.

Maximum number of working days = reducing the number of days in the year by the number of Saturdays and Sundays and the number of official holidays not falling on a Sunday or Saturday.

The number of days worked or not worked due to the following events may not exceed the semi-net annual working time limit.

• Actual working days (however, days on which purely optional meetings are held shall not be taken into account).
•  Days of annual recreational leave.
• Official holidays that fall on a Sunday or a Saturday.
• Extraordinary statutory leave and leave provided for by special laws.
• Sick leave, maternity leave and settling-in leave.
• Continuing training as provided for in the Act of 26 March 1992 on the performance and revaluation of certain health occupations and continuing training referred to in Article 29(a) and (b) of the Collective Bargaining Agreement.
• Social leave and leave for family reasons.
• Paid rest days and agreed compensatory leave. A work shift extending over 2 consecutive days will be taken into account only as a unit for the calculation of the maximum number of working days per year. For employees at points of sale and for caretakers, the provisions regarding the maximum number of working days per year shall not apply.

The upper limit of daily working time

The parties shall agree to limit the daily working time to 12 hours.

The maximum daily and weekly working time limits for part-time employees shall be in accordance with Article L123-1(3) of the Labour Code.

Work breaks

Subject to financing by the State or the National Health Fund and ensuring continuity of service is guaranteed, each full-time employee shall be entitled to a paid break of 15 minutes per working day.

This break time may not be placed at the start or end of the working day and may not be carried over or cumulative. Breaks shall be pro rata in the case of part-time contracts and shall be adjusted in accordance with daily working time.

The implementing rules shall be agreed with the staff delegation and may be specified in the SWP.

Uninterrupted weekly rest

In accordance with the provisions of the Labour Code (Article L.231-11).

The uninterrupted weekly rest period shall fall on the weekend at least 20 times per year, unless otherwise requested by the employee or there is a derogation agreed at SWP level. The weekend covers a period of 2 consecutive days between 06.00 on Saturday morning and 06.00 on Tuesday morning.

The establishment of an initial work plan (IWP)

• Not applicable in case of flexible working time.
• Each initial work plan shall be established on the basis of the SWP and in accordance with the MRPs, with a duration of at least 1 month and for each employee individually.
• The IWP shall be communicated to the employee no later than 7 calendar days before it enters into force (in the event it is displayed, employees who are absent must be informed within the same time limit).
• It shall indicate the following for the whole monthly period:
  • the employee’s working days (including mandatory service meetings);
  • the start and end time for each working day and, where applicable, the duration of any unpaid or paid work break;
  • the working time of each working day;
  • the days on which the undertaking is closed, official holidays, days/hours of leave and compensatory leave and the nature of the leave;
  • the total hours of the IWP;
  • the weekly rest period of 44 consecutive hours and, where applicable, any compensatory leave;
  • mandatory and optional meetings.
• Employee’s wishes: in writing, signed and sent to the person responsible by the 10^th day of the preceding month.
  These wishes shall be respected to the extent possible when drawing up the IWP.
• For foreseeable leave listed in the Collective Bargaining Agreement, the employee shall inform the employer, respectively, of their request to the employer, as soon as they become aware of the event and by the 10^th day of the month preceding that in which the leave is to be taken. If the employee is able to demonstrate that they became aware of the event in question only after the 15^th day of the preceding month, and that they informed their employer within 48 hours of obtaining the information themselves, no penalty shall be imposed.
  In the event that the employee fails to inform their employer about this within the time limits specified, the employer shall issue a warning for a first infringement. In the event of repeated infringement, the provisions of Article 32 shall apply. Foreseeable sick leave should also be taken into consideration in this context.
• As an alternative to the initial work plan system, the SWP may allow for the use of flexible working time, as defined by the relevant legal provisions.

Amendment of the initial work plan (IWP)

After its date of publication, the individual work plan may be subject to one or more adaptations in accordance with instructions from the employer, communicated in writing, to the extent possible, with the aim of ensuring the proper functioning of the service.

Amendment of the IWP in the event of large-scale unforeseeable events

The Collective Bargaining Agreement provides that certain arrangements may be amended on an exceptional basis in such cases.

Record of hours taken into account

The employer must draw up a detailed record of the hours taken into account for the employer in the preceding month. A copy shall be provided to the employee.

The record must indicate:

• the employee’s various working days (including service meetings);
• the daily working hours worked;
• the total number of working hours;
• the days/hours of compensatory leave; the nature of the leave (including sick leave);
• overtime hours, whether uplifted or not;
• the maximum number of working days per year remaining;
• the status of the ‘counter’ of the 44 hours of weekly rest not respected;
• the status of the ‘counter’ of the 20 weekends not worked in the calendar year;
• the employer/employee time credits.

Overtime work (Article 9C)

Overtime will either be allocated to the time credits or paid directly with an uplift.

The following shall be regarded as overtime hours.

• Hours actually worked as ordered by the employer, in excess of the daily working time laid down in the IWP. In the case of a working day on which no work was initially planned, it is understood that the entire time actually worked shall be considered to exceed the daily IWP.
• All hours actually worked in excess of the maximum limit, in this case the maximum limit for establishing the IWP.
• Any hours planned in the IWPs in excess of the pre-defined semi-net annual working time.

Derogations

Exceeding the daily working time established in the IWP shall not give rise to an uplift for daily overtime work, provided it has been notified to the employee more than 120 hours (5 calendar days) in advance.

An adjustment made to the IWP in the context of a request for leave for one of the events listed in Article 20 of the SAS CBA (social leave) shall not give rise to an uplift. This derogation shall be limited to an employee requesting social leave.

For employees working in services characterised by permanently daily working time that fluctuates daily, i.e. monitoring services in a community setting, home care or help services, palliative care services and halfway house and crèche services, the employer may opt for the pattern which deviates from the provisions relating to overtime and changes to the IWP for personal reasons, provided that the employees concerned are entitled to an additional 2 days of agreed leave per year.

The Joint Committee may extend the list of services mentioned.

• The IWP shall be established in accordance with the foregoing provisions on the basis of a normal distribution of the foreseeable workload. Subsequently, the IWP, or, where appropriate, the adapted IWP, may be developed within the following limits without leading to any uplift: in each instance, the daily working time may be increased or reduced by 1 hour and, four times a month, by a maximum of 1.5 hours. Any balance of changes thus obtained that exceeds the IWP, or the adapted IWP, by more than 12 hours per month, shall represents overtime eligible for uplift.
• Any balance of changes thus obtained less than ‘minus 12’ compared to the IWP, or the adapted IWP, shall be cancelled; all other changes in the balance shall be added or deducted from the remaining semi-net annual working time.
• Working time shall be accounted for in 5-minute periods. The procedure for adapting the IWP may be specified at SWP level.

In the case of work performed in connection with on-call services or on-call telephone services: only periods of on-call duty of more than 120 minutes during a month will be uplifted.

Adaptations of the IWP for personal reasons

• The personal reasons of an employee or between employees during the application of the IWP shall result in changes to the IWP, subject to prior agreement on the part of the employer.
• The principles to be followed and the procedure for written notification of actions for personal reasons shall be laid down in the SWP.
• Any hours in excess of the IWP as a result of the personal reasons of an employee or between employees shall not give rise to any entitlement to an uplift for overtime work.
• If the total number of hours worked for the reference period is less than the IWP due to such personal reasons, this difference will be carried over to future monthly reference periods in order to be compensated under the arrangement reached. Similarly, they shall not be cancelled in the context of the annual statement.

Working hours less than the hours established in the IWP

If, for reasons attributable to the employer’s actions, the number of hours established in the IWP is not reached, the difference shall be counted as time actually worked.

However, the derogations of the 4^th bullet point of the ‘Derogations’ above shall not apply.

Procedure for authorising overtime work

As regards the procedure for instructions relating to the written authorisation of the employer concerning the amendment of the IWP and the provision of overtime work, the employer will specify the person who is entitled to give such instructions concerning authorisations, as well as a substitute for that person.

The exact procedure for this shall be laid down in the framework of the SWP.

Compensation by means of free time

A ‘time credits’ shall be implemented for the purpose of compensating for overtime hours and the associated uplifts by means of free time. This model shall apply if the employer and the employee have not agreed to pay for overtime and/or uplifts.

• Half of each hour of overtime shall be paid into an ‘employer’s credit’. The other half shall be paid into an ‘employee credit’.
• Uplifts for overtime work expressed as working time shall be paid into the ‘employer’s credit’ in full.
• The two credits shall be capped at 100 hours each unless otherwise agreed in the SWP, allowing caps of fewer than 100 hours.
  Hours in excess of the cap shall be paid at the time of the next monthly statement.
• The statement of time credits shall be notified to the employee at the end of each month by means of the statement provided for in point B.9. In the case of the ‘employer credit’, the employer shall decide on the use of this credit in accordance with the needs of the service, by providing the employee with compensation by means of free time.
• Such compensation by means of free time may be granted in the following ways:
  • in hour(s) or half hour(s), with a maximum of 25 % of the working time established in the IWP for the working day concerned,
  • per half-day’s work, or
  • per day’s work.

However, other arrangements remain possible in the event of mutual agreement with the employee. The employee shall have the ‘employee credit’.

If the needs of the service allow, the employee will receive, at their request and on the agreed date, compensation by means of free time.

In this instances, credit hours may be requested in hour(s), half-day(s) or full day(s).

The procedures for requesting and granting them shall be identical to those in force for annual recreational leave.

On-call duty (Article 9D)

Definitions

• Employee on on-call duty: an employee who for a specified period of time shall be available to travel to the workplace within 30 minutes of receiving a call for the provision of a service.
• Employee on on-call telephone duty: an employee who for a specified period of time shall be available to handle work calls without any obligation to be available to travel to the workplace.
• On-call duty or on-call telephone duty shift: this means a period of on-call duty or on-call telephone duty of a maximum of 24 consecutive hours.
• The detailed rules relating to the operation of an on-call service or an on-call telephone service shall be laid down in the special provisions of the service work pattern (SWP)
• The on-call service shall not include staff who are required to perform a caretaker service and who are provided with service accommodation. The conditions relating to the availability of such staff shall be governed by an employment contract.
• At their request, an employee who has reached the age of 50 may be exempted from on-call duty if the service has another employee qualified to perform the on-call duty.

Compensation through free time

An employee performing an on-call duty shift shall receive compensation of 1 hour per on-call duty shift to be included in the IWP. An employee performing an on-call telephone duty shall receive compensation of half an hour per on-call duty shift to be included in the IWP.

As an alternative to compensation by means of free time, the employer and the employee may, by mutual agreement, opt for financial compensation corresponding to the non-uplifted salary payable for half an hour of work per on-call telephone duty shift or 1 hour of work per on-call duty shift.

Actual work carried out during on-call duty

• Each work intervention actually carried out during on-call duty shall be counted as working time. It shall be counted in ten-minute intervals, including travel time.
• For the on-call telephone service, actual work interventions shall also be counted in ten-minute intervals. Any partial interval shall be counted in its entirety.

Final provisions (Article 9E)

If a contractual relationship between employee and employer starts during the year or ends during the year or if the task is modified during the year:

• The AMRPs shall be replaced for the duration of the contract for the year in question by the actual MRPs, indicated in the table drawn up by the Joint Committees in relation to the figures.
• At the end of the contractual relationship, the balances of the ‘employer time credits’ and the ‘employee time credits’, as well as any difference between the total number of the actual MRPs and the work actually completed, shall be converted into monetary value:
  • If the balance resulting is positive, such balance shall be paid to the employee.
  • If the resulting balance is negative, the employee shall reimburse the sum determined to the employer.

Provisions in the event of sickness (Article 9E)

In accordance with Article L.212-6 of the Labour Code, an employee who is unable to work due to sickness or accident shall be entitled to retain their salary and other benefits due under their employment contract in full.

The working hours established in the IWP shall be taken into account for the calculation of monthly working time.

For periods for which there is not yet an IWP, 40 hours per week shall be taken into account for a full-time employee. In contrast, it is formally acknowledged that for periods of work provided for in the amended IWP that exceed the ITP, neither the sick pay nor any other compensation shall be due.

In the event that the employee falls ill during periods of free time (the employer and employee credits), the periods of sickness, recognised as such by a medical certificate, shall not be deducted from the employer or employee credits.

Entitlement to leave

Annual recreational leave (Article 16)

• The duration of this leave shall be 34 working days per year (including customary public holidays).
• However, it shall be:
  • 36 working days from 1 January of the year in which the employee reaches the age of 50.
  • 37 working days from 1 January of the year in which the employee reaches the age of 55.
• The elements of the foregoing system, which go beyond the statutory leave at the time of the conclusion of this Agreement, may not be combined with any potential future increase in statutory leave.
• On a unique and exceptional basis, employees shall be entitled to an additional 2 days of leave for 2021.

Extraordinary statutory leave (Article 17)

Employee shall be entitled to the extraordinary leave provided for in Article L.233-16 of the Labour Code.

The abovementioned leave and the related procedures shall be established and listed in the Collective Bargaining Agreement.

• Unpaid leave after maternity leave considered a period of work for length of service purposes (Article 18)
• Unpaid leave for other reasons not counted as a period of work for length of service purposes (Article 19)
• Social leave (Article 20)

Termination of the contract (Article 8)

Permanent employment contracts shall be terminated in accordance with the provisions of the Labour Code.

Other elements (including sector-specific provisions)

Recruitment (Article 6)

Employment contracts between the employer and employees shall comply with the provisions of the Labour Code.

In addition to the mandatory information specified in the Labour Code, the contract must contain the following information:

• the career bracket and length of service rank in which the employee is classified;
• as regards the organisation of work, and in absence of fixed working hours, reference to the provisions of Article 9 of the Collective Bargaining Agreement;
• the place of work or the principle that the employee will be employed in various locations;
• reference to the Collective Bargaining Agreement governing the employee’s working conditions.

Part-time employment relationships: the article on the organisation of working time and, where appropriate, the SWP shall apply.

Specific implementing rules for replacement staff under permanent employment contracts (Article 9)

The implementing rules in this specific case shall be laid down in the Collective Bargaining Agreement.

Initial conditions and advances (Article 24)

On entering employment, the employee shall, in principle, be classified in the starting length of service rank (0) for their career bracket. From that point in time, they shall advance a length of service rank every year. The month for which the advancement is taken into account shall be the month following the month of the anniversary of their recruitment.

An employee in the SAS sector, who has been recruited to a position with a lower career bracket (in financial terms) than that corresponding to their level of qualification, or who has acquired a higher qualification in the course of employment, shall, in the event of a new appointment with the same employer or another employer in the SAS sector, be classified in accordance with the following provisions in a higher career bracket under the general system:

• If the level of points acquired in the lower career bracket, including, where appropriate, the Individual End of Career Bracket Benefit (Avantage Individuel Fin de Carrière – AIFC), in respect of the individual supplement granted in accordance with the Transitional Provisions – general method Special Annex, exceeds the starting level of the higher career bracket, the employee shall be included in the new career bracket at the precise level corresponding to the basic salary that they would have received in the lower career bracket as at the date of the change. From the month following the anniversary of the notional start of the old career bracket, they will be classified in the new career bracket at the length of service rank immediately above the salary level defined above. This measure shall have no retroactive effect.

For employees who, before the change of career bracket, benefit from transitional arrangements in accordance with the first option provided for in the Transitional Provisions – general method special annex, entitlement to an Individual End of Career Bracket Benefit shall remain acquired in accordance with the procedures described in that annex, unless the employee was already in receipt of an Individual End of Career Bracket Benefit before the change of career bracket. The Individual End of Career Bracket Benefit for which the employee may apply, 1 year after reaching the final salary level in their new career bracket, will be determined on the basis of the parameters of the new career bracket.

If the employee suffers due to the introduction of this measure, they shall retain their previous conditions until the conditions attributed to them under this provision proves to be more favourable.

Taking into account periods of work prior to entry into service (determination of notional start of career bracket) (Article 25)

The Collective Bargaining Agreement shall set out detailed rules for changing the length of service rank in accordance with periods of work prior to entry into service.

Conversion table for former career brackets

ANNEX 1: Pay scale established in Article 35(6) of the SAS CBA