Well-being at work

Workplace Well-being in Luxembourg: Key Challenges for Companies

 

Workplace well-being is a major concern for Luxembourgish companies, directly influencing employee satisfaction and the overall performance of the organization. Beyond general obligations regarding safety and health, Luxembourg's legislature has strengthened employers' responsibilities by introducing specific provisions on the right to disconnect and the prevention of workplace harassment.

 

Right to Disconnect

 

The law of June 28, 2023, which came into effect on July 4, 2023, introduced provisions on the right to disconnect into Luxembourg’s Labour Code. This legislation requires employers whose employees use digital tools for professional purposes to implement a specific framework ensuring respect for this right outside working hours. This framework must be tailored to the company’s or sector’s particularities and must include:

 

• Practical arrangements and technical measures : Establishing procedures that allow employees to disconnect from digital tools outside working hours.
• Awareness and training : Informing and training employees on the importance of disconnecting and how to implement it.
• Compensation arrangements : Defining compensatory measures in case of exceptional deviations from the right to disconnect.

 

The implementation of this framework can be done through a collective labour agreement, a subordinate agreement, or, failing that, at the company level in consultation with employee representatives. Importantly, sanctions for non-compliance with this obligation will come into force on July 1, 2026, with administrative fines ranging from €251 to €25,000.

 

Prevention of Workplace Harassment

 

The law of March 29, 2023, has reinforced employee protection against workplace harassment by introducing specific provisions in the Luxembourg Labour Code. Workplace harassment is defined as “any conduct that, through its repetition or systematization, undermines a person’s dignity or psychological or physical integrity.”

 

Employers' obligations in preventing workplace harassment include:

 

• Avoidance of harassment : Employers, employees, clients, and suppliers must refrain from any acts of workplace harassment.
• Implementation of preventive measures : In consultation with employee representatives or, if absent, with all employees, employers must establish appropriate measures adapted to the company’s size and nature to protect employees from harassment. These measures must include:
• Support for victims : Providing assistance, support, and measures for victim care and reintegration.
• Impartial investigations : Conducting prompt and objective investigations into reported incidents.
• Awareness and training : Educating employees and managers on workplace harassment definitions, management strategies, and potential sanctions.
• Communication of employer obligations : Clearly informing employees about the employer’s obligations regarding harassment prevention.

 

Failure to meet these obligations may result in sanctions. Additionally, employees who experience workplace harassment are protected against any form of retaliation for lodging complaints or reporting incidents.

 

By complying with these legal obligations and adopting a proactive approach, employers in Luxembourg can create a healthy and respectful work environment, promoting employee well-being and contributing to the company's long-term success.