Roofing (roofer, carpenter, tinsmith and insulator trades)

Period of validity of the collective agreement

This collective agreement for the roofer, tinsmith / zinc worker, insulator and carpenter trades entered into force on 1 November 1995.

(Grand-Ducal Regulation of 5 February 2001) ‘Validity shall expire on 31 December 2002’. (Article 25)

Personal and material scope

Material scope (Article 2)

This collective agreement applies to all domestic and foreign roofer, tinsmith, zinc-working, insulation and carpentry undertakings operating in Luxembourg.

Personal scope (Article 2)

Applicable to staff with the status of worker in roofing, tinsmith, zinc-working, insulation and carpentry undertakings, whether domestic or foreign, working in Luxembourg.

Remuneration

Qualification and classification (Article 13)

Flexibility bonus (Article 7)

12.5% of the hourly rate for all hours included in credit hours (9^th hour worked)

Balance of credit hours on 31 March

Increase of 25% on the hourly rate

Overtime giving rise to an increase

• Credit hours that could not be compensated by 31 March of the reference year.
• Hours exceeding the daily working time of 9 hours, and hours worked in excess of the weekly working time of 45 hours.
• Saturday work is regarded as overtime unless, at the worker’s request, the work is spread over 5 days including Saturday.

Piecework

• Piecework is permitted with the employee’s agreement.
• Piecework remuneration is calculated in such a way that, for agreed work and regular working hours, the employee receives at least 125% of their normal hourly wage.
• If the piecework proves to be impracticable, the normal hourly wage remains payable for the hours worked. The hourly wage is paid as an instalment. Receipt for piecework must take place no later than 1 day after the completion of the job in question.
• The balance will be calculated and paid on the day following the usual salary payment.
• Piecework is not allowed for apprentices and young workers. They may, however, assist the worker with piecework, provided that their remuneration is calculated on an hourly basis.

End-of-year bonus (Annex 2)

• If the employee has completed at least 3 years of service.
• The bonus is calculated on the basis of hours worked (including overtime and excluding paid leave, public holidays or non-working days and extraordinary leave, and hours off due to sickness or accident).
• The reference date is 31 December.

Specific cases regarding premature termination or delayed start of contract, unjustified absence and illness are provided for in the collective agreement.

The end-of-year bonus is:

• 2.5% of the reference salary after 3 years of continuous service with the same employer,
• 3.0% of the reference salary after 4 but less than 6 years of continuous service with the same employer,
• 3.5% of the reference salary after 6 but less than 10 years of continuous service with the same employer,
• 4.0% of the reference salary after 10 years of continuous service with the same employer,
• 5.0% of the reference salary after 15 years of continuous service with the same employer.

Supplements for work carried out at a height (only applicable to roofers)

• Work carried out on a bell tower without scaffolding, but with a hoist: 100% of the hourly rate
• Work carried out on a bell tower with scaffolding: 30% of the hourly rate
• Installation and removal of flying scaffolding from mansard roofs at a height exceeding 15 metres: 30% of the hourly rate

Increases for overtime work

• Sunday work: 100% increase
• Regular night work: 15% increase
• Occasional night work: 50% increase
• Working on a public holiday: 100% increase

Working time

Working hours (Article 7)

PRINCIPLE: In accordance with the provisions of the Labour Code and subject to the agreement of the staff delegation or, failing that, of the employees concerned.

Change in weekly working time

45 hours maximum / 9 hours

Any deviation from the daily working time of 8 hours (i.e. every 9^th hour per day) is recorded as credit hours.

Minimum daily working time

The working time may be reduced to 7 hours in December, January and February.

Calculation of remuneration in all cases

Remuneration is calculated on the basis of a weekly working time of 40 hours.

Credit hours (9^th hour worked)

Remuneration for credit hours will be paid at the time of the compensation for these hours.
Half of the hours to be compensated are recoverable on dates chosen by the employee, without prejudice to the smooth running of the undertaking.

Credit hours will be compensated:

• either as one or more full rest days at a rate of 8 hours per day, depending on the total number of hours;
• or as individual hours at the employee’s request.

Maximum credit hours: 120 hours

Compensatory hours (Article 12)

Compensation for lost working hours is permitted.
Hours that could not be worked because of rain, snow, frost, melt or the impracticability of the workplace can be compensated, with the exception of hours compensated in accordance with the provisions of the Law of 25 April 1995 on compensation for bad weather.
Compensatory hours within the meaning of this Article may be compensated without the daily working time exceeding 10 hours.
The compensation of these unworked hours is also permitted on Saturdays.

Meal break

15 minutes per paid day during working hours.

Working time organisation plan (POT)

The POT is submitted to the staff delegation before it takes effect. No later than every Friday, the POT is delivered to the employee (without the employee having to travel or incur expenses).

It must cover 4 weeks, including:

• the first 3 weeks comprising a FIXED work schedule, which cannot be changed later;
• the 4^th week comprising a PROVISIONAL work schedule, which may be changed.

Leave entitlement

Extraordinary leave (Article 20)

Workers are entitled to extraordinary leave set at:

• 1 day: for the death of a sibling, a grandparent on either side, a grandchild, a step-sibling or a sibling-in-law;
• 2 days: in the event of the worker’s spouse giving birth, the birth of a legally recognised child, the legal adoption of a child, the marriage of a child or for moving house (a mere change of accommodation is not considered moving house);
• 3 days: for the death of a spouse, parent, step-parent, parent-in-law, child, stepchild or child-in-law;
• 6 days: in the event of the worker getting married.

Extraordinary leave may be taken only when the event giving entitlement to the leave occurs; it cannot be carried over to ordinary leave.

Termination of contract

Termination of contract with notice (Article 4)

The provisions regarding contractual termination are governed in accordance with the statutory provisions.

Health, safety and hygiene

Interruptions in work in the event of an accident at work (Article 21)

Interruptions in work due to accidents at work are subject to the following provisions:

• If the employee falls victim to an accident at work resulting in a lengthy interruption in work, the day on which the accident took place will be paid in full.
• The actual loss of salary will be reimbursed when an accident victim is rescued and transported to the undertaking or to the work site, or when the authorities report that an accident at work has occurred.
• For urgent medical appointments during working hours, the employee may be exempted from work up to four times per year for 2 hours each time, with continued pay.

Working conditions (Article 6)

Employees

• must comply scrupulously with all safety instructions and take the safety measures they consider necessary to carry out their work without the risk of exposing themselves or others to hazards of any kind whatsoever;
• must follow absolutely all instructions and help guarantee accident-free work;
• must carry out the work entrusted to them in accordance with best practice and with the utmost care; Employees must take care of the tools entrusted to them, which remain the employer’s property and must be returned to the employer when an employee leaves the undertaking;
• is responsible for the tools entrusted to them.