Taxi drivers

Period of validity of the collective agreement

The collective agreement applies from 1 September 2001 (Article 23)

Personal and material scope

This collective agreement applies (Article 2)

• to all taxi and ambulance hire undertakings whose registered office is in the territory of the Grand Duchy of Luxembourg;
• to all persons working in these undertakings with their main occupation being taxi driver and holding the required official authorisations.

Remuneration

Payment of salary (Article 14)

• Principle: monthly payment no later than the 10^th day of the following month
• Exception: the driver may receive an advance before the end of the month in an amount of no more than 2/3 of their normal monthly salary
• Calculation errors must be rectified within 8 days at the latest

Salary (Article 15)

Minimum wage

• For all drivers, irrespective of age or gender, the monthly gross minimum wage is proportional to the statutory minimum wage due for the hours actually worked.
• Without prejudice to the increases provided for in Article 2 of the Law of 12 March 1973 reforming the statutory minimum wage, the adjustment of the minimum social wage to the weighted consumer price index must be made in accordance with the provisions of Article 11(1) of the Law of 22 June 1963 laying down the salary system for state civil servants, as amended.

Actual salary

• The actual monthly salary is 36% of the driver’s total revenue excluding VAT.
• Total revenue does not include night and Sunday supplements, supplements for transporting luggage and trips abroad, or any tips. The employer relinquishes this revenue to the employee.

Tips received by taxi drivers

Tips received by taxi drivers are subject to social security contributions and income tax.

Basis for calculation

The actual salary is calculated by applying the defined percentages to the maximum taxi fare, irrespective of the fares actually charged. Taxi drivers are not authorised to grant discounts on the maximum fares to clients, unless the employer has given their prior consent.

Other remuneration items

Overtime (Article 7)

It is not possible to work overtime.

Hours worked

(Annex 2: Notes on supplements for Sunday and night work: the judgments of the labour court of 30 March 2000)

• Night (Article 11): +10%
• Sunday (Article 10): +25%

Working time

Shift length (Article 5)

• Maximum 12 hours.
• Shift = actual work + breaks (one of which must last at least 1 hour).

Actual working hours (Article 6)

• 8 hours per day: maximum 9.
• Maximum 48 hours per week.
• In all cases where the daily shift length reaches 12 hours, at least 8 hours of actual work are taken into account.

Daily rest period (Article 8)

Uninterrupted period of 12 hours between two shifts.

Periodic rest period (Article 9)

• As many periodic rest periods per month as there are Sundays in the month in question.
• At least 1/3 of these periodic rest periods per calendar year must fall on a Sunday.
• Each periodic rest period must comprise at least 36 hours.

Probationary period (Article 15)

Maximum 3 months

Leave entitlement

Leave and extraordinary leave (Article 16)

The granting of annual leave and any extraordinary leave is governed by the provisions of the Coordinated Law of 20 September 1979.

Taxi drivers whose length of service with the undertaking is at least:

• 5 years: 1 additional day of leave;
• 10 years: 2 additional days of leave.

Travel, board and lodging

Travel expenses (Article 13)

Trips abroad in the course of the provision of service: a 10% supplement for trips abroad is relinquished to the driver.

Other elements (including sector-specific provisions)

General (Article 4)

For the expected duration of the work, the employer must keep the employee occupied on a full-time basis. When a taxi breaks down and no replacement car is available, the resulting unemployment can be changed to leave by mutual agreement.

Monitoring (Article 17)

• In principle, the monitoring of driving time, rest time and shifts is carried out on the basis of the journey sheet, the daily report produced by the taximeter printer, of which the driver is authorised to make a copy, and the monthly report, which must be annexed to the payslip.
• The arrangements for the journey sheet and the daily report are set out in the collective agreement.
• Monthly report: must accompany the payslip. The arrangements for this are laid down in the collective agreement.

Payslip (Article 18)

The arrangements are laid down in the collective agreement.

Continuing training (Article 19)

• Drivers who are absent due to a career break have access to the same continuing training as all other drivers in the undertaking.
• The employer must inform drivers on a career break of the continuous training for taxi drivers offered to the undertaking’s drivers.
• At the written request of a driver on a career break, the employer must offer them specific continuing training for taxi drivers.

Taximeter (Article 21)

The taximeter must comply with the relevant applicable statutory and regulatory provisions.

No journey may be made unless the taximeter has been started by the driver at the start of the journey.