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

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

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of pay as of the first additional hour had been submitted for the opinion of the Council of State, only finally to be withdrawn.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).