Temporary work agency – permanent workers

Les présentes informations n’ayant aucune vocation d’exhaustivité, il conviendra de se référer à la convention collective pour plus de détails.

Le présent document étant de nature informative, seuls font foi les textes légaux et la convention collective publiés de manière officielle.

Period of validity of the Collective Agreement

Tacitly renewed annually since 31 December 2016 (Article 13.2)

Personal and material scope

Material scope (Article 13)

Applicable to all Luxembourgish or foreign temporary work agencies operating in the Grand Duchy of Luxembourg.

Personal scope (Article 2)

Applicable to permanent employees working in the territory of the Grand Duchy of Luxembourg. It also applies to workers posted abroad.

Remuneration

Salaries and payments (Article 7)

A meal voucher worth EUR 8.40 is allocated for each day of actual work:
Meal vouchers shall not be granted for leave days (statutory leave, extraordinary leave, parental leave, etc.), days when unable to work, unjustified days off or unworked notice periods. In addition, meal vouchers are not payable for days when the employer has already taken care of and paid for the employee’s meal (for example: business meals, etc.).

Hourly supplement (Article 7.1)

Hourly supplement

Percentage of additional salary according to calculation method

Overtime (exceeding 40 hours per week)

50%

Night work (between 22.00 and 6.00)

15%

Sunday work

70%

Working on a public holiday

100%

Where applicable, the different rates for supplements shall apply in combination.

Guarantee of progression (Article 7.2)

Grade

Years of service

Guaranteed minimum progression

Coefficient resulting from the guaranteed minimum progression*

E0

Hiring (hiring salary index 100)

Starting salary (index 100)

100.00

E1

After 1 year of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

100.00

E2

After 2 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

103.00

E3

After 3 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

104.34

E4

After 4 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

105.70

E5

After 5 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

107.07

E6

After 6 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

108.14

E7

After 7 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

109.22

E8

After 8 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

110.31

E9

After 9 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

111.42

E10

After 10 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

112.53

E11

After 11 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

113.21

E12

After 12 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

113.89

E13

After 13 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

114.57

E14

After 14 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

115.26

E15

After 15 years of employment

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

115.95

And so on, on the basis of a minimum progression of 0.6% per year

+ 0% with respect to the salary guaranteed by the previous grade (index 100)

116.64, etc.

‘Thirteenth month’ bonus (Article 7.4)

Each worker is entitled to the payment of a ‘thirteenth month’ bonus, which is regulated as follows:

  • Entitlement to this bonus begins after the probationary period has been completed.
  • The amount of the bonus is set according to the length of service in the company of the person in question.
  • The reference amount is the gross monthly salary.

Individual calculation system

Grade

Employee’s entitlement

E0

30% pro rata

E1

30%

E2

50 %

E3

75%

E4

100%

Length of service shall be calculated from the 1st day of the month of entry into service.

The bonus shall be paid to all permanent employees working in the company and shall be paid, where applicable pro rata to the months present over the year, at the latest before Christmas. Except in the cases provided for in the Collective Agreement.

Working time

The normal working time is set at:

  • 8 hours per day and
  • 40 hours per week.

Overtime (Article 5) is provided for and governed by law.

Right to leave

Additional leave linked to length of service (Article 10.2.1)

Length of service

Number of days in addition to statutory leave

5 years

1 day, i.e. 27 days

10 years

2 days, i.e. 28 days

15 years

3 days, i.e. 29 days

Paid special leave (Article 10.2.2)

Permanent employees of temporary work agencies shall be entitled to:

  • ½ day of rest in the afternoon of 24 December
  • ½ day of rest in the afternoon of 31 December

Employees who, because of service needs, cannot be off work on the date(s) in question shall be entitled to one (two) compensatory rest half-day(s) to be taken before 31 March of the year following that when the half-day(s) was (were) owed.

Termination of contract

Termination of contract with notice (Article 6.2)

The employee may terminate their contract with the following notice periods:

Years of service

Notice period

5 years

1 month

5 to 10 years

2 months

More than 10 years

3 months

At the request of the person in question and if the operation of the service and the company allows it, the employment contract may be terminated after a notice period that is shorter than those set out above.

The employer may terminate the contract only on valid grounds. The notice periods in this case are:

Years of service

Notice period

5 years

2 months

5 to 10 years

4 months

More than 10 years

6 months

An employer who terminates an employee’s employment contract with notice (i.e. without serious misconduct or termination by operation of law) will pay the employee severance pay equal to:

Years of service

Salary due to employee

5 to 10 years

1 month

10 to 15 years

2 months

15 to 20 years

3 months

20 to 25 years

6 months

25 to 30 years

9 months

More than 30 years

12 months

End of employment contract during probationary period (Article 4)

Duration of probationary period

Notice period

2 weeks

2 days

3 weeks

3 days

4 weeks

4 days

1 month

15 days

2 months

15 days

3 months

15 days

4 months

16 days

5 months

20 days

6 months

24 days

Travel, board and accommodation

Work-related travel (Article 12.3)

In the case of work-related travel carried out by means of the employee’s private vehicle at the employer’s request, an allowance of EUR 0.40 per kilometre shall be granted to the employee.
However, the mileage allowance is payable only if a company vehicle is not offered for the journey to be made.

It is not payable if the journey takes place in the context of participating in training in the territory of the Grand Duchy of Luxembourg or if the journey is less than or equal to the distance between the employee’s home and usual place of work.

Health, safety and hygiene

Vocational training (Article 12.1)

The social partners have set up a sectoral training fund, in particular to finance occupational health and safety training. They have decided to levy a contribution of 0.6%, calculated from the total gross annual salary (permanent and temporary employees) declared for the year preceding the levy, from temporary agencies in October each year. This is to finance the fulfilment of the training obligation on the part of temporary work agencies. During the year, the sectoral training fund may decide to take advances from the contribution to be paid.

Access to training is decided by the temporary work agency, with workers’ representatives being able to propose to employees thereof that they take part in training declared eligible by the training fund in order to receive funding.

Employees who are absent due to a career break will undergo supervision whose duration and practical implementing measures are dependent on the complexity of the post to be filled and the duration of the break in the professional activity of the employee in question.

The annual report on the activities of the training fund will be sent to the social partners.

Other points (including sector-specific provisions)

Probationary period (Article 4)

The employment contract of any newly hired employee may contain a probationary clause (Article L.121-5 of the Code du Travail [Luxembourg Labour Code]). The probationary period must be laid down in the employment contract at the time of hiring, failing which it will be null and void.

Qualifications

Duration of probationary period

In any case

Not less than 2 weeks

Not holder of a CATP [vocational skills certificate] (or equivalent)

3 months

Holder of a CATP [vocational skills certificate] (or equivalent)

6 months

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