Civil Service: time savings accounts and working time

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Date:
28 Aug 2018

Newsflash

By:
Lorraine Chéry

1) The law of 1 August 2018 defining the terms and conditions for time savings accounts (“compte épargne-temps”, or CET) in the Civil Service was published in Mémorial A no. 681 of 16 August 2018 (hereinafter referred to as “the Law”). The law will come into force on 1 October 2018. 

The purpose of the Law is to implement the CET system, which will allow every civil servant to build up and save time in order to use it on a later date of their choice, and so create a better work-life balance, all within the limitations of statutory conditions. 

Another purpose of the Law is to modify the modified law of 16 April 1979 establishing the general status of civil servants, by introducing provisions regarding the total time worked, the organisation of working time, holidays and leave from which civil servants can benefit. These provisions have actually been in force until now thanks to various GDR (“Règlements Grand-Ducaux”). 

The general idea behind the Law is to introduce more flexibility when deciding when civil servants have to be present, reduce the minimum lunchbreak time, and bring forward the flexible start time of the working day to 6.30am. 

Also, extraordinary leave in the Civil Service is aligned with that to which employees governed by private law have been entitled since the beginning of 2018. 

  1. Following on, among other things, from the Law of 1 August 2018 on CET, a GDR dated 1 August 2018 published in Mémorial A no. 682 of 16 August 2018 has modified certain regulatory provisions regarding: 
  • the allocation of family allowances for civil servants and government employees and workers;
  • the provision of overtime by certain civil servants, as well as the obligation for them to be on call at home;
  • leave for civil servants and government employees: new provisions have been introduced, among other things, relating to leave for health reasons and permission to go out during this leave;
  • the reduction of the training period and bonuses for long service for civil servants and government employees when they are appointed and when they start their career; 

Within this context, the GDR also repeals:

  • the modified GDR of 27 July 1992 defining the terms and conditions for allocating meal allowances to civil servants;
  • the modified GDR of 12 November 2011 setting the normal working hours and the flexitime system in government offices;
  • the GDR of 30 September 2015 defining the process for allocating family allowances to civil servants and government employees and workers provided by article 18 of the law of 25 March 2015 defining the remuneration system and the terms and conditions for promotions for civil servants. 

The GDR will come into force, for the majority of its provisions, on 1 October 2018, the same date as the Law on CET.