New bill regulating working time in hotels and catering
Published: 27 August 2001
In July 2001, the Luxembourg government presented a bill regulating working time in the hotels and catering sector, following the failure of the social partners to reach an agreement on the issue. There will be a statutory 40-hour week in the sector, which may be varied if the 40-hour average is respected over a reference period.
Download article in original language : LU0108172NFR.DOC
In July 2001, the Luxembourg government presented a bill regulating working time in the hotels and catering sector, following the failure of the social partners to reach an agreement on the issue. There will be a statutory 40-hour week in the sector, which may be varied if the 40-hour average is respected over a reference period.
The hotels and catering sector in Luxembourg (known as HORESCA) involves 2,500 enterprises employing 11,000 staff (half men and half women), 95% of whom are foreign nationals and classified as blue-collar workers. HORESCA establishments fall under three categories: small outlets ("cafés"), restaurants and hotels. Unusually, there is hardly any legislation governing working time in this industry, due to the fact that in 1970 legislators left it to the sector's social partners to agree on working time through collective agreements. However, they have not succeeded in doing so
Numerous meetings between the social partners have failed to lead to a collective agreement on working time, but have indicated that the partners are not opposed to the regulation of working time, particularly with a view to making employment in the sector more attractive to young people. Given the lack of agreement, the Minister of Labour announced in December 1999 that he would use the statutory route to regulate working time (LU0001124N).
On 20 July 2001, the Minister presented a new bill regulating the working hours of blue-collar workers, apprentices and trainees employed in the sector. The bill aims to transpose the 1991 International Labour Organisation (ILO) Convention No. 172 on working conditions in hotels and restaurants. The bill seeks to bring the regulation of working time in hotels and catering as close as possible to the general legislation on the issue (eg a statutory working week of 40 hours), while taking account of the sector's specific characteristics and constraints.
The bill establishes reference periods for averaging out weekly hours of: two months for enterprises employing 15-49 staff; 13 weeks for seasonal enterprises; and 12 months for establishments employing fewer than 15 staff. During this reference period, it will be permitted to exceed an eight-hour day and 40-hour week, normally to as long as 10 and 48 hours respectively. During exceptional, and strictly enumerated, periods, weekly hours may rise to 51-60 hours, depending on the size of the enterprise. At all events, average weekly working time must remain at, or below, 40 hours over the reference period.
A single unpaid break in daily employment of a maximum of three hours will be permitted, which may be increased to four hours by Grand-Ducal regulation. There must be a daily rest period of 11 consecutive hours, and a weekly rest period of 44 hours. Workers whose duties do not permit them to take these rest periods will qualify for additional leave. Night work for blue-collar workers, apprentices and trainees in the sector is defined as hours worked between 01.00 and 06.00.
When adopted, the legislation will come into force in three stages:
on 1 January 2003, for establishments employing at least 50 staff, and enterprises providing the catering on river vessels ;
on 1 January 2004, for enterprises employing 15-49 staff; and
on 1 January 2005, for enterprises regularly employing fewer than 15 staff.
Eurofound recommends citing this publication in the following way.
Eurofound (2001), New bill regulating working time in hotels and catering, article.
