Luxembourg's Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) has announced the 2022 collective summer leave agreement for the employees of Luxembourg or foreign construction and civil engineering companies as well as sanitary installation, heating and air conditioning companies working in Luxembourg.
The terms and conditions applicable to compulsory collective leave are set out in the relevant collective labour agreements and is available online via: https://itm.public.lu/fr/questions-reponses/droit-travail/conges/h.html.
The period of the 2022 collective summer leave for the jobs of sanitary, heating and air conditioning installers is agreed from Monday 1 August to Sunday 21 August 2022, inclusive.
An exception to this collective leave is only possible with the agreement of the staff delegation and the employees concerned, and limited to troubleshooting, maintenance and repair work.
The period of the 2022 collective summer holiday for building and civil engineering companies is agreed from Friday 29 July 2022 to Sunday 21 August 2022, inclusive.
Certain works may give rise to an exemption from collective building and civil engineering leave, i.e. in schools, in factories during a production stoppage or for urgent works recognised by the ad hoc building and civil engineering commission.
This ad hoc committee alone is competent to grant exemptions relating thereto. It is made up of two members representing the contracting unions, two members representing the employers and one member representing the ITM.
The purpose of the ITM is to ensure the secretariat of this ad hoc commission and to establish the decisions.
For the collective holiday in the summer of 2022, the 168 requests for 87 companies were processed by the ad hoc committee, in particular, 53 requests concerning 29 worksites in schools and high schools, nineteen requests concerning thirteen worksites in factories during the shutdown of production and 96 requests concerning 73 urgent projects. The total number of employees concerned is 1,221.
The 132 companies benefiting from a derogation have received an authorisation issued by the ad hoc committee which must be visibly displayed on the sites concerned.
The ad hoc committee refused 36 requests, including 22 requests for derogation relating to work and sites not subject to collective construction leave and which therefore did not require the agreement of the ad hoc committee.
By way of comparison, in summer of 2020 there were 228 requests for 127 companies and 1,725 employees concerned and 226 requests for 105 companies, and 1,128 employees concerned in summer 2021.
ITM noted the decrease in requests and employees concerned in the summer of 2021 compared to the summer of 2020, probably due to the pandemic.
In the summer of 2022, after a two-year pandemic related meaures and the repeal of sanitary measures in relation to COVID-19 in the workplace, we again notice a decrease in requests compared to previous years.
These requests relate to repair work in schools and colleges, repair or transformation work in factories and urgent work within the framework of network services, for example for municipalities.
Inspections by the Labor and Mines Inspectorate, the Customs and Excise Administration and the Grand Ducal Police will take place this summer. These control authorities can at any time stop the work of companies that do not have an authorisation issued by the ad hoc commission for building and civil engineering.
