Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Luxembourg (Ratification: 1958)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 and 30 (hours of work) together.

Article 5(1) of Convention No. 1 and Article 6 of Convention No. 30. Averaging of hours. The Committee notes that sections L.211-6 and L.211-9 of the Labour Code, which authorize the distribution of hours of work over reference periods of up to four and 12 months respectively, do not specify the circumstances in which such a distribution of hours of work may be applied. The Committee recalls that Article 5(1) of Convention No. 1 and Article 6 of Convention No. 30 only authorize the variable distribution of hours of work over a reference period longer than a week in exceptional cases when the normal limits of eight hours in the day and 48 hours in the week are inapplicable. The Committee requests the Government to indicate the circumstances in which the working time arrangements envisaged in sections L.211-6 and L.211-9 of the Labour Code can be applied.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 7(4) of the Convention. Overtime pay. The Committee recalls its previous comments in which it noted that firstly, under section 19 of the general conditions of service of public servants, state officials only enjoy a higher rate of pay as of the ninth hour of additional work in any given month, as preceding hours are compensated with leave; and, secondly, under section 6 of the Grand-Ducal Regulation of 25 October 1990 concerning additional hours of work by public servants, any additional hours worked between 6 a.m. and 10 p.m. or outside of weekends or public holidays are not subject to an increase in pay. In this respect, the Committee again recalls that Article 7(4) of the Convention requires an increase in pay of not less than 25 per cent for additional hours in all cases, whether or not compensatory rest is granted to the worker concerned. While noting the Government’s indication in its last report that no initiative aiming at the abrogation of section 19 of the general conditions has ever been envisaged, the Committee refers to the reports provided by the Government in 2003 and in 2008 in which it is indicated that a draft Grand-Ducal Regulation proposing the abolition of this section and the provision of a higher rate of pay as of the first additional hour had been submitted for the opinion of the Council of State, only finally to be withdrawn. While recalling the December 2007 conclusions of the European Committee of Social Rights along similar lines, the Committee requests the Government to take the necessary measures to amend section 19 of the general conditions of service of public servants and section 6 of the Grand-Ducal Regulation of 25 October 1990 concerning additional hours of work by public servants, and to thereby guarantee public servants performing additional hours of work an increase in pay of 25 per cent, as of the first additional hour worked, in accordance with the provisions of the Convention. In addition, the Committee requests the Government to refer to the comments made under Article 6(2) of the Hours of Work (Industry) Convention, 1919 (No. 1).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Hours of work for night workers. The Committee requests the Government to refer to its comment made under Article 2 of the Hours of Work (Industry) Convention, 1919 (No. 1).

Article 6. Variable distribution of hours of work over a period longer than a week. The Committee refers to the direct request which it is addressing to the Government concerning the application of Article 5 of Convention No. 1. It draws the Government’s attention to the fact that averaging of weekly hours of work is only authorized by Convention No. 30 in exceptional cases where the normal limits of eight hours per day and 48 hours per week cannot be observed. The Committee requests the Government to take the necessary steps to amend the relevant provisions of the Labour Code in order to bring them into conformity with the Convention on this point. Furthermore, taking account of the considerable impact which prolonged working days can have on workers’ health, the Committee hopes that the Government will be in a position to abolish in the near future the possibility of extending the working day to 12 hours.

Article 7, paragraph 1. Permanent exceptions. Preparatory or complementary work, and intermittent work. The Committee requests the Government to refer to its comment under Article 6(1)(a) of Convention No. 1.

Article 7, paragraph 2(a). Temporary exceptions. The Committee requests the Government to refer to its comments made under Articles 3 and 6(1)(b) and (2) of Convention No. 1. In this regard, it points out that Article 6(1)(b) of Convention No. 1, to which this comment refers, corresponds to Article 7(2) of Convention No. 30.

Article 7, paragraph 4. Public servants. Higher rate of pay for additional hours of work. The Committee notes the Government’s indications that the draft Grand-Ducal Regulation which was due to abolish section 19 of the General Conditions of Service of the State and Public Service, which stipulates that the first eight additional hours of work in any given month give rise to compensatory leave and do not qualify for a higher rate of pay, has been withdrawn from the roll. It recalls that under the terms of Article 7(4) of the Convention, the rate of pay for additional hours of work carried out in the context of temporary exceptions must be not less than one and a quarter times the regular rate, regardless of whether or not compensatory rest is granted. The Committee also notes the December 2007 conclusions of the European Committee of Social Rights, according to which the report presented by the Government states that in practice only two categories of public servants may work additional hours, namely teachers and police officers. It requests the Government to supply further information on the implementation in practice of the system for the compensation of additional hours for state officials, particularly teachers and police officers. Moreover, the Committee notes that the European Committee of Social Rights concluded that the situation of Luxembourg was not in conformity with section 4(2) of the Charter, regarding the higher rate of pay for additional hours, on the grounds that as of the ninth hour of additional work state officials and employees do not enjoy either increased compensatory rest or a higher rate of pay if the additional hours of work occur between 6 a.m. and 10 p.m. or outside weekends and public holidays. The Committee requests the Government to provide further information on the legal provisions governing the compensation of additional hours worked between 6 a.m. and 10 p.m. or outside weekends and public holidays, and to supply a copy of the relevant legal texts.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 6 of the Convention. Distribution of working hours over a period longer than a week for specific categories of workers. The Committee notes that section 4bis(2) of the Act of 9 December 1970 on the reduction and regulation of the hours of work for manual workers in the public and private sectors of the economy, as amended, enables the competent minister to authorize special regulations on the hours of work for a specific category of workers, if no collective agreements exist. These regulations may allow work up to 12 hours per day, but not longer than 40 hours per week. The Committee recalls that Article 6 of the Convention allows for the distribution of working hours as long as the hours of work in any day do not exceed ten hours. It therefore requests the Government to take the appropriate steps to bring the legislation in line with the Convention in this regard.

Article 7, paragraph 4. Higher rate of pay for additional hours of work. The Government’s response to the Committee’s last direct request states that a new draft regulation has been submitted to the State Council for the abolition of section 19 of the General Conditions of Service of the State and Public Service which stipulates that higher rate of pay is only payable to public servants who work additional hours, as of the eighth additional hour worked. The Committee requests the Government to provide a copy of the new text, once it has been adopted by the State Council.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the last report of the Government on the application of the Convention, and wishes to draw its attention to the following point:

Article 7, paragraph 4, of the Convention. The Committee notes that section 19 of the General Conditions of Service of the State and Public Service stipulates that compensation in the form of a higher rate of pay is only payable to public servants who work additional hours as of the eighth additional hour worked. In this connection the Committee wishes to recall that under Article 7, paragraph 4, of the Convention, the rate of pay in cases of temporary exceptions to normal hours of work shall not be less than one-and-a-quarter times the regular rate, and that this provision must apply to the staff of public and private establishments in agreement with Article 1 of the Convention. Consequently, the Committee asks the Government to take the requisite measures to render its legislation compatible with the requirements of the Convention and, where appropriate, to inform the International Labour Organization of progress achieved in this regard.