Luxembourg’s cabinet has authorised the minister for employment, , to table a bill on Sunday working in the retail and craft sectors, with the aim of amending article L.231-4 of the Labour Code. This would allow employees in the retail sector to work up to eight hours on Sundays, while maintaining the extra pay currently provided for Sunday work at four hours (i.e. 70%) for all hours worked. This would apply to all stores defined in article 1 of the amended law of 19 June 1995, which regulates the closing of retail shops in the commercial and craft sectors.
"This measure is in line with the government's desire to introduce more flexible working models tailored to the needs of employees and businesses. By guaranteeing additional pay, the government is reaffirming its commitment to protecting the purchasing power of households in Luxembourg, while at the same time responding to the growing needs of businesses to better adapt to economic realities", according to a government statement. "Sunday working of up to eight hours reflects current developments in a changing society and world of work, by offering employees the opportunity to better reconcile their private and professional lives".
A single principle with numerous exceptions
At present, the labour code limits Sunday working in the sector to four hours, with 70% extra pay and half a day's recuperation. It is understood that the stakeholders could agree to an 8-hour Sunday working day as part of the negotiation of a collective employment contract, but with higher compensation than that provided for by law.
For other sectors of the economy, the principle is that all employees and apprentices are prohibited from working on Sundays from midnight to midnight. But in law, the scope of a ban depends on the exceptions. And here there are many exceptions. Working on Sundays is authorised for certain categories of employees - such as people in effective management positions and senior executives, family members, etc. - and in certain sectors of activity - hotels and catering, pharmaceuticals, transport, seasonal sectors, etc. - and for certain specific jobs that cannot be carried out during the week. These case-by-case exceptions must be declared to the Inspectorate of Labour and Mines (ITM). The list of exceptions can be found . Some companies may also apply directly to the Ministry of Labour for an exemption from the ban on Sunday working.
In all cases, Sunday work is subject to compensatory rest and specific remuneration.
Extremely critical trade unions
The announcement that a bill on Sunday working in the retail sector has been tabled has sent trade unions into a frenzy. Not so much on the substance as on the form.
The unions accused the minister of failing to keep his promise to present his draft reform to stakeholders meeting in the CPTE--a committee that includes representatives of employers and employees, as well as government officials--before tabling it in the Chamber of Deputies. And they suspect the minister of wanting to relegate the CPTE to a mere discussion forum, when it should be the place where consensus is forged between stakeholders, according to , president of the OGBL labour union, and Christophe Knebeler, deputy secretary general of the LCGB trade union. They pointed out that this is the second time in less than a week that the CTPE has been the scene of a direct confrontation between the unions and the labour minister.
On 8 October, the unions slammed the door on Mischo's proposal to allow companies to negotiate collective labour agreements directly with employees or neutral delegates without having to go through the unions, even if one or more unions are represented in the company. Trade unions are currently empowered by law to negotiate and sign collective agreements.
David Angel, a member of the OGBL executive board, suspects that the minister wanted to punish the unions for their outburst on 8 October by tabling his bill virtually on the sly on a Friday evening. On the substance, he fears that the adoption of the bills will deprive the unions of social leverage. "Being able to settle the question of Sunday working time in the retail sector would enable us to negotiate real social progress with companies."
The OGBL and LCGB are meeting Monday at 4pm to adopt a common position against the labour minister, who is suspected of wanting to deal separately with all the issues relating to the organisation of working time, whereas, according to Knebeler, "this is a global issue".
For its part, Luxembourg Confederation congratulates Mischo for a project that "responds to a pressing demand from employees and SMEs, aimed at adapting the legislative framework to economic and social realities", a "balanced reform combining flexibility and protection of employees' rights". And underlines that "the extension of this possibility to businesses is entirely coherent, with many sectors already benefiting from it.”
Read the French-language news version of this news report
Article updated 14 October 2024 at 16:45 with the reaction of the Luxembourg Confederation, the employers’ organisation for the services, commerce and transport sectors.