Working time in a company may be made flexible, in other words the daily and weekly limits may, under certain conditions, be exceeded, by virtue of taking account of a reference period.
The work organisahttps://itm.public.lu/fr/tion plan (WOP) and flexitime are the two tools which allow the introduction of a degree of flexibility for working time by the adoption of a legal reference period.
Thus, the working time will be calculated not on the basis of a single week but over a legal reference period which may extend to up to 4 months.
A reference period exceeding 4 months, without however exceeding a maximum of 12 months, may be decided upon only in the context of a collective work agreement, a subordinate agreement or an agreement reflecting interprofessional social dialogue.
It should be noted that the collective agreement may provide that the social partners, at appropriate levels defined by the collective agreement and in accordance with the conditions laid down therein, may conclude agreements subordinate to the collective agreement relating to the adjustment of working hours and, in particular, the reference period.
In cases where the collective work agreement, the subordinate agreement or an agreement reflecting interprofessional social dialogue provides for a reference period different from the legal reference period, it will lay down the principles applicable to the establishment of WOPs to be established in the company or companies falling within its scope, as regards periodicity, content and detailed terms of the plan.