General principles on working hours in Luxembourg
The Labor Code establishes a clear regulatory framework on working hours in Luxembourg with precise rules aimed at protecting the health and well-being of employees. However, although these regulations cover a large majority of people, not all workers are covered and certain categories are excluded. The scope of these regulations as well as the limits they impose on the duration of working time are detailed below.
Scope of the regulations
The rules on working time in Luxembourg apply to all employees, both in the public and private sector, as well as to persons working for the purpose of acquiring vocational training, provided they do not benefit from other more favorable legal or conventional provisions. However, the labor code expressly excludes the following categories:
- Family businesses in which only the employer's ascendants, descendants, brothers and sisters or relatives to the same degree are employed.
- Companies of fluvial transport.
- Fairground businesses.
- Home workers.
- Travelers or trade representatives who work outside the company.
- Senior executives whose presence in the company is indispensable to ensure its operation and supervision.
These categories are not subject to the Luxembourg workweek rules, however, they may be regulated by collective bargaining agreements that establish a different framework or by sectoral regulations, as is the case with fluvial transport, which has more flexible rules adapted to the reality of the company and the sector.
Duration of work
The labor code defines working hours as the time during which the worker is at the disposal of the employer, or employers if there are several, except for rest periods during which he is not at the disposal of his employer or employers.
This working time can be freely fixed between the parties but must respect a maximum of 8 hours per day and 40 hours per week.
An exception is provided for by law, however, if the work is spread over 5 days or less, the working day may be set at 9 hours per day provided that the total hours worked do not exceed the full-time weekly working hours in force in the company.
In addition, it should be noted that:
- 🤝 A collective agreement may provide for lower limits than these legal thresholds.
- ➡️ The working hours may be distributed over any working day of the week, that is, from Monday to Saturday, since Sunday is a non-working day.
- 😴 The employer must guarantee its employees rest periods of at least 11 consecutive hours in each 24 hours and 44 consecutive hours each 7 days.
- ⏱️ When the working day exceeds 6 hours, workers are entitled to one or more paid or unpaid rest periods.
Overtime pay in Luxembourg
Luxembourg overtime laws provide that overtime worked hours must be compensated by paid time off and the rest period is one and a half hours for each hour of overtime worked. If, for reasons inherent to the organization of the company, it is not possible to compensate overtime by taking time off, or if the employee leaves the company before recovering the overtime worked, these hours must be paid at 140%.
Night work
Employers in Luxembourg, in addition to having to respect a duration for working hours and overtime, also have to respect certain regulations for night work, with night work being considered as work performed at the following times:
- From 22:00 to 6:00 for all sectors, except hotels and restaurants;
- From 23:00 to 6:00 for hotels and restaurants.
And the following employees are defined as night workers:
- 🕒 Employees who during the night period work at least three hours of their of their daily working time.
- 🗓️ Employees who work during the night period a certain part of their annual working time, provided that this part is more than one quarter of their annual working time.
Duration of night work
The normal working time of night workers must respect certain limits:
- 🌙 The normal working time of night workers may not exceed an average of 8 hours per 24-hour period calculated over a 7-day period.
- ⚠️ Night workers whose work involves particular hazards or significant physical or mental strain must not work more than 8 hours per 24-hour period.
- 🚛 Mobile employees working at night, as is the case for example in road transport, must not work more than 10 hours per 24-hour period, unless night work does not exceed 2 hours, twice a week and drivers work double shifts.
Remuneration for night work
Employers only have to make an extra payment for night work when a collective bargaining agreement applies or in the HORECA sector. The additional remuneration for each hour of night work is:
- 15% minimum for all sectors, but if a collective agreement applies in the company, the exact percentage increase is then fixed by this agreement.
- 25% from 1:00 in the hotel and catering industry, either in time off or in cash.
In addition, the extra pay for night work is tax-exempt.
Work on public holidays
In addition to the above regulations, all employees in Luxembourg are entitled to the 11 statutory public holidays in the country:
- 🎆 New Year's Day (January 1)
- 🐣 Easter Monday
- 🛠️ May 1st (Labour Day)
- ⭐ Europe Day (May 9)
- ✝️ Ascension Day
- 🕊️ Whit Monday
- 🎉National holiday (public celebration of the Grand Duke's birthday on June 23)
- 🙏 Assumption (August 15)
- 🪦 All Saints' Day (November 1)
- 🎄 1st Christmas Day (December 25)
- 🎁 2nd day of Christmas (December 26)
For an employee, these holidays may coincide with days on which he did not have to work according to his work schedule or fall on a Sunday. There may also be non-working days on which an employee may be required to work due to the particular conditions of the company. In all these cases, employees are entitled to compensation, but it differs from case to case.
- Public holiday falling on a normal working day: If the employee has to work this day, he is entitled to a total compensation of 300%.
- Public holiday falling on a normally non-working working day: If a public holiday coincides with a working day on which the employee should not have worked and the employee follows his normal working schedule and does not work on that day, he is entitled to his normal salary and to one day of compensatory leave to be taken within 3 months. If the employee also has to work on that day, he is entitled to the average hourly wage corresponding to the hours actually worked, to a supplement of 100% of the hours actually worked and to a compensatory day off to be taken within 3 months.
- Public holiday falling on a Sunday: in this case, the employee is entitled to one day of compensatory leave. However, if the employee also has to work on this day, he is entitled to the average hourly wage corresponding to the hours actually worked, to a supplement of 100% of these hours for work on public holidays, to a supplement of 70% of these hours for work on a Sunday and to a day of compensatory leave to be taken within 3 months.
The regulation of working hours in Luxembourg shows how over time, a balance has been found between the flexibility required by companies and the protection of workers' rights. The Labor Code establishes a clear structure on the maximum length of the working day as well as specific provisions on overtime, night work and work on public holidays. However, there are many exceptions or particular cases that can difficult the understanding and application of the rules. If you think you need advice on the subject, EasyBiz is here to help you.
