In 2021, the labour unions LCGB and OGBL were close to a national agreement with the Luxembourg Confederation of Commerce (CLC) on the issue of Sunday work. But after two months of discussions, the negotiations were interrupted. The CLC, which represents retail sector employers, had then invoked the OGBL’s inflexibility on the issue to justify this breakdown.
But on 6 April 2022, the LCGB and OGBL will commence new discussions with the CLC to make progress on this issue.
In the absence of a national agreement, the trade unions have negotiated individual collective agreements this year with a particular focus on Sunday work, especially in the retail sector. The aim is to reach an agreement at national level. The latest individual agreement was signed with Cactus under the impetus of the LCGB, even though the OGBL has a majority. "It is a request from the employees. We carried out a field survey in the sector and found that employees want to work on Sundays in order to benefit from better pay. But working for only four hours was not necessarily ideal, especially for cross-border workers who commute and then only work for four hours. We therefore took the initiative of negotiating with the various companies to make progress on this issue with two axes: voluntary work and financial compensation,” explains Robert Fornieri, LCGB deputy secretary general.
This is an important element for us, to find a solution that can be applied to all companies and not only to companies with a collective agreement.
The LCGB's first demand was the strict application of the voluntary principle in order to be able to work 8 hours on Sunday. Since this is less favourable than the law, the quid pro quo is in the remuneration. "In each case, we have negotiated remuneration that goes beyond the legal minimum. But I still insist on the notion of voluntary work. Working on Sundays must remain a choice for the employee,” assures the LCGB trade unionist. Sunday hours compensation is legally increased by 70%.
Such agreements have been negotiated at Delhaize, Lidl, Massen and Pall Center. The aim now is to reach an agreement at national level so that small companies with small workforces can benefit from a more flexible framework for working on Sundays without having to go through an individual collective agreement.
"This is an important element for us, to find a solution that can be applied to all companies and not only to companies with a collective agreement,” said Claude Bizjak, deputy director of the CLC, before confirming that a meeting with the unions will be held in April.
We are always open to discussion, but we have not changed our position.
The OGBL, which has been accused of being intransigent on the issue, says it is ready to listen to proposals. "We are always open to discussion, but we have not changed our position. We will go to this meeting to listen to the CLC's proposals and we will see what comes out of it,” commented David Angel, central secretary of the OGBL Commerce branch.
In Luxembourg, Sunday work poses several difficulties for employers and for workers. The law on Sunday work limits the work to four hours per employee. Moreover, there is the possibility, six times a year, to benefit from an exception allowing retail shops to open longer on Sundays. However, even with the benefit of this exception and with a derogation, an employee in the retail sector is not allowed to work more than four hours.
In December 2020, the ITM carried out more than 200 checks, resulting in a number of formal notices being issued to a number of companies for non-compliance with the 4-hour limit on Sunday working.
This story was first published in French on . It has been translated and edited for Delano.