PLANNING

B.1. The work scheme of a service (RTS)

B.1.1. The definition

The work scheme of a service is set in writing and specifies:

• a) the weekly distribution of working days;
• b) the daily working time;
• c) the start and end of daily working time;
• d) the provisions applicable to the organisation of leave;
• e) a time limit relating to the acceptance or refusal of a leave request. The leave request is deemed to be automatically granted if the time limit is not respected;
• f) the authorisation procedures for overtime;
• g) the specific provisions in the context of the derogatory work schemes provided for in point B.1.3.;
• h) the other specific provisions (e.g. flexible working hours provided for in article L.211-8 of the Labour Code). As far as possible, the RTS guarantees, for each given qualification, a fair distribution of working days and daily working hours between the staff members of the service.

B.1.2. The introduction or change of a work scheme

The introduction or change of an RTS is carried out in accordance with the procedure described below. Until the end of this procedure, the RTS in force will remain applicable.

• a) Both the employer and the staff delegation may submit to the other party a proposal for the introduction or change of the work scheme, in writing. At the same time, the party in question will make a proposal to the other party for a date to discuss the proposal in question.
• b) In the event of disagreement between the parties during this discussion, the more diligent party submits a new proposal, different from what was its initial position, in writing to the other party. At the same time, the employer makes a proposal for a date to discuss this new proposal.
• c) If, following the proposals and consultations described above, no agreement is reached, the joint committee may be referred to by the more diligent party in order to issue a mediation opinion between the positions concerned.
• d) In the event of disagreement following the mediation, but at the earliest the month following the communication of the opinion of the Joint Committee, the employer takes the necessary decisions regarding the work scheme to be applied.

In the absence of a staff delegation, the introduction or change of a work scheme of a service is discussed between the staff concerned and the employer following the same procedure as that described above. The staff may be assisted by the trade unions that 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 business, the employer will set the work scheme following the procedure described above, if the work scheme differs from those of the other services already in force.

During the start-up phase of a new business, the employer is free to set the RTS during the first year following point B.1.1. without having to submit to the procedure described above. If it is a business that must proceed with elections of a staff delegation, it will have to trigger the procedure described above at the time of the setting up of the staff delegation.

Upon their entry into service, every person hired receives a copy of the work scheme in force. Upon the introduction or change of a work scheme, the modifications in question will be transmitted on request to each employee.

B.1.3. Services with considerable fluctuations

For services whose nature of operation presents considerable fluctuations during certain periods of the year, the employer may introduce specific work schemes for certain months of the year derogating from the minimum and maximum limits of the PRM set out in point A.4. All other conventional provisions must be respected. Such schemes may be introduced for the employees of the following services:

• a) services that organise holiday stays of at least 5 calendar days and that count a compensation per hour of presence during the holiday stay of more than 60% of a working hour;
• b) holiday services or services whose operation is characterised by a significant work overload during school holiday periods;
• c) services with closure periods during school or other holidays;
• d) other services involving a substantial work overload during certain months of the year. The joint committee may extend the list of services mentioned above. In the event of a dispute concerning the scope of application, the parties may refer to the joint committee defined in article 5, which is competent to decide.

B.2. The maximum number of working days per year

The work scheme of a service, as well as an employee's individual work plans, must be drawn up so as to respect the maximum number of working days per year.

The maximum number of working days is obtained by reducing the number of days of the year by the number of Saturdays and Sundays and by the number of statutory public holidays not falling on a Sunday or a Saturday. The gross number of working days is calculated in the table under point A.2.

The number of days worked or not worked due to the following events may not exceed the threshold indicated in the said table:

• a) effective working days (however, the days on which exclusively optional meetings are held are not counted);
• b) annual recreational leave days;
• c) statutory public holidays that fall on a Sunday or a Saturday;
• d) statutory extraordinary leave and the leave provided for by special laws;
• e) sick leave, maternity leave and adoption leave;
• f) continuing training referred to by the law of 26 March 1992 on the practice and revaluation of certain health professions and continuing training, as amended, referred to in article 29 a) and b) of this collective bargaining agreement;
• g) social leave and leave for family reasons;
• h) paid rest days and compensatory leave for non-compliance with the 44 consecutive hours of weekly rest.

A work tour extending over two consecutive days will be taken into consideration as only one unit for the purposes of accounting for the maximum number of working days per year.

For the employees of points of sale and for caretakers, the provisions regarding the maximum working days per year are not applicable.

B.3. The upper limit of daily working time

The upper limit of daily working time is 10 hours. The parties agree to negotiate the upper limit of daily working time of 12 hours from the moment of the entry into force of the grand-ducal regulation provided for by article L.211-12 of the Labour Code. With regard to the maximum daily and weekly working limits of part-time employees, article L.123-1 (3) of the Labour Code applies

B.4. Breaks

Subject to funding by the State or the National Health Fund and while ensuring that the continuity of the service is guaranteed, each full-time employee is entitled to a paid break time of 15 minutes per working day. This break time may not be placed either at the beginning or at the end of the working period and is neither carried over nor cumulative. The break time is prorated in the case of a part-time contract and adjusted according to the daily working time. The terms of application are to be agreed with the staff delegation and may be specified in the RTS.

B.5. The uninterrupted weekly rest

In accordance with the Labour Code art. L.231-11, each employee is entitled to an uninterrupted rest of 44 hours per week. From the end of a weekly rest, the next weekly rest must occur within the next seven days.

Employees who have not been able to enjoy the said rest will be entitled to one additional day of leave for each entire period of 8 weeks, successive or not, during which the uninterrupted rest of 44 hours per week is not granted. Any legislative amendment in this regard will be taken into consideration.

Mandatory service meetings are taken into account in the context of the application of the uninterrupted rest of 44 hours per week, which is not the case for attendance at service meetings of an optional nature.

The uninterrupted weekly rest will coincide with the weekend at least 20 times per year, unless otherwise requested by the employee or unless a derogatory provision is decided at the level of the RTS. The weekend extends over a period of two consecutive days situated between 6 a.m. on Saturday morning and 6 a.m. on Tuesday morning.

B.6. The establishment of the individual work plan (PTI)

This provision does not apply in the case of flexible working hours.

Each individual work plan must be established, on the basis of the work scheme of the service (RTS) and in compliance with the monthly reference periods (PRM), for at least the duration of one calendar month and for each employee individually. It is communicated to each employee at the latest 7 calendar days before its entry into force. In the case of publication by posting, absent employees must be informed by any means within the same time limits. It indicates for the whole monthly reference period:

• 1. the various working days of the employee (mandatory service meetings included);
• 2. the start time of work and the end time of work for each working day, as well as, where applicable, the duration of an unpaid or paid work interruption;
• 3. the working time of each working day;
• 4. the closure days of the business, the statutory public holidays, the days/hours of leave and of compensation as well as the nature of the leave;
• 5. the total of the hours of the PTI (in accordance with article 9 point A.4.);
• 6. the weekly rest of forty-four consecutive hours and, where applicable, the compensatory leave provided for in article 9 point B.5.;
• 7. the mandatory meetings and the optional meetings.

Employees' wishes must reach the line manager, in writing and duly signed, by the 10th of the month preceding the one to which they relate. These wishes must be respected as far as possible when drawing up the final PTI unless the needs of the service or the wishes of other employees of the business are opposed to it.

With regard to foreseeable leave, such as certain extraordinary leave (marriage or moving house), education leave, leave for trade union or political activity, sports leave, leave for continuing training, cultural leave or any other form of leave of a foreseeable nature, the employee informs the employer, respectively addresses their request to the employer, as soon as they are aware of the event and by the 10th of the month preceding the one during which the leave is to be taken. If the employee can demonstrate that they only became aware of the event in question after the 10th of the preceding month, and that they informed their employer within 48 hours after they themselves obtained the information, no penalty is to be applied.

If the employee fails to inform their employer in this regard within the indicated time limits, the employer issues a warning as of the first occurrence. In the event of a repeat, the mechanism of article 32 applies.

Foreseeable sick leave is also to be considered in this context.

As an alternative to the individual work plan system, the RTS may provide for the operation of flexible working hours, as defined by the relevant legal provisions.

B.7. The adaptation of the individual work plan

After its publication date, the individual work plan may be subject to one or more adaptations on the instruction of the employer, communicated, as far as possible in writing, with the objective of guaranteeing the proper functioning of the service.

B.8. The modified application of certain mechanisms in the event of large-scale unforeseeable events

In the event of the occurrence of large-scale unforeseeable events (force majeure), the staff delegation and the employer may, on an exceptional basis and for the period of the occurrence of the event, agree on a modified application of the mechanisms defined in points A.4., B.1.1., B.6., C.1., C.2., C.3., C.5. and C.7. The staff delegations may be assisted by the signatory trade unions. In the absence of a staff delegation, such agreements may be agreed between the employer and the signatory trade unions.

B.9. Statement of hours counted

During the following month, the employer must draw up for each employee a detailed statement of the hours counted for them. A copy is given to the employee.

This statement must compulsorily indicate for each monthly reference period:

• 1. the various working days of the employee (service meetings included);
• 2. the daily working schedule worked;
• 3. the total working hours;
• 4. the days/hours of leave or of compensation; the nature of the leave (sick leave included);
• 5. the supplementary hours, whether increased or not;
• 6. the maximum number of working days per year remaining;
• 7. the state of the "counter" of the 44 hours of weekly rest not respected;
• 8. The state of the "counter" of the 20 weekends not worked over the calendar year;
• 9. Employer / employee credits