Right to disconnect in Luxembourg

Since July 4, 2023, Luxembourg has officially incorporated the right to disconnect into its Labor Code thanks to the law adopted on June 28, 2023. This legislative advancement aims to protect employees from the excessive intrusion of digital technology into their personal lives, thus ensuring a better work-life balance.

 

What are employers' obligations?

 

Employers whose employees use digital tools in their professional activities must now establish a specific framework ensuring disconnection outside of normal working hours. This framework, adapted to each company or professional sector, must include:

 

Clear practical and technical measures that allow employees to effectively disconnect at the end of their workday. Awareness-raising activities and regular training aimed at promoting to employees the importance and best practices related to disconnection. Clearly defined compensatory arrangements for exceptional cases where employees must remain connected outside of their normal working hours.

 

This system can be established through a collective bargaining agreement or a specific internal agreement. If no collective bargaining agreement exists, the terms and conditions must be discussed with the company's staff delegation:

 

For companies with fewer than 150 employees, a simple consultation and information session with the staff delegation is sufficient. For companies with 150 or more employees, a formal agreement with the staff delegation is required. What are the penalties?

 

Failure to comply with these obligations may result in administrative penalties ranging from €251 to €25,000. These penalties will be applied from June 30, 2026, giving employers a reasonable period of time to adopt and implement the necessary measures.

 

In summary

 

The official recognition of the right to disconnect in Luxembourg is a major step towards improving professional well-being and protecting employee health in the face of digital pressure. Companies must act now to implement the necessary measures for effective digital worktime management.