ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Luxembourg - Minimum Wages - 2009


LAST UPDATE

18 November 2009.

SOURCES


Name of Act

Communique on the Minimum Wage from 1 March 2008

Name of Act

Act Fixing the Consumer Price Index of 12 February 2009, Official Journal Part A, No. 36 of 5 March 2009

Name of Act

Act of 31 July 2006 to Establish a Labour Code, Official Journal of 29 August 2006, No. 149, pp.2456-2651, as amended up to Act of 29 August 2008

Other source used

MINIMUM WAGE FIXING


Procedure


Government decides alone

The national minimum wage rate is fixed by the government. The minimum wage rate is indexed to the consumer price index. In addition, a review takes place in the Chamber of Deputies following a government report every two years.
The legislation does not specify whether employers’ organisations and employees’ organisations are also consulted.
Labour Code §§ L222-2, L222-3, L223-1

Minimum wage set through decentralized collective bargaining

Wages set in collective agreements may not be lower than the national minimum wage. Moreover, collective agreements may not index wage rate adjustments to the national minimum wage rate.
Labour Code §§ L222-7, L222-8

Criteria


Cost of living

Yes.
Labour Code § 223-1

Level of wages and incomes in the country

Yes.
Labour Code § 222-2

Economic development

Yes.
Labour Code § 222-2

Coverage


Scope

The minimum wage rate applies to all wage earners of at least 18 years of age in the private sector. There is one minimum wage rate for unskilled wage earners, and a separate rate for skilled (qualified) wage earners.
Labour Code § 222-1

Excluded categories


» Other Provisions

If a company’s economic or financial situation is such that it is not currently in a position to pay the full minimum wage rate, a temporary order may be granted by the Minister of Labour, allowing the company to pay a rate that is lower than the national minimum wage rate.
Labour Code § L222-6

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

No.

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Youth

Wage earners of between 15 and 17 years of age are entitled to 75% of the minimum wage rate.
Wage earners of between 17 and 18 years of age are entitled to 80% of the minimum wage rate.
Labour Code § L222-5

» Youth

Persons younger than 30 years of age who have been registered as actively seeking employment for at least one month may be hired on a temporary auxiliary contract for a maximum period of one year. These contracts are organised by the Workplace Administration Office and are designed to assist workers with the transition to the workplace. Employers must pay these workers at least 80% of the applicable national minimum wage rate if the worker is unskilled and required to carry out training courses or up to 100% of the minimum wage rate if the worker qualifies for the skilled rate. In the event that the unskilled worker is not required to carry out training courses, the employer must pay the full minimum wage rate applicable. Employers in the private sector are reimbursed 50% of the rate paid to the young worker.
Labour Code § L543-11

» Disabled

An employer may apply to the Commission d’Orientation et de reclassement professionel for a lower minimum wage rate to apply to a worker whose physical or mental disability renders him or her unable to work with the same efficiency as a worker with no disability.
Labour Code § L562-8

» Other categories

The minimum wage rate for skilled (qualified) wage earners is 20% higher than the rate for unskilled workers.
Labour Code § L222-4

» Other categories

Students working during the school vacation period are entitled to at least 80% of the relevant minimum wage rate applicable for their age.
Labour Code § 151-5

Level


Minimum wage level(s) in national currency

2008: 1.609,53 € per month
2009: 1,682.76 € per month
For unskilled wage earners of at least 18 years of age.
Labour Code §§ 222-9, 223-1
Communique on the Minimum Wage from 1 March 2008
Act Fixing the Consumer Price Index
Ministry of Labour

Last minimum wage update

1 March 2009.
Labour Code § L222-9

In-kind allowances

No

Rate of payment


» Hourly

Yes.

» Monthly

Yes

Specific provisions

Minimum wages for qualified workers are 20% increased.
Labour Code § 222-4
Ministry of Labour

Scheduled frequency of adjustment

Minimum wage rates are subject to automatic indexation, in addition to the government and the Chamber of Deputies examining minimum wage levels on a bi-annual basis.
Labour Code §§ L222-2, L222-3

Enforcement mechanisms


Labour inspection

Labour Inspectors are responsible for ensuring that all legal provisions concerning conditions of work, including wages, are adhered to. Inspectors may enter workplaces and require the production of records when carrying out these duties.
Labour Code § L223-2

Fines in national currency for non-respect of legislation

Employers who fail to pay the specified minimum wage rate are liable to a fine of between EUR 251 and EUR 25,000. In the event of repeated offences, these fines may be doubled.
Labour Code § L223-3

Results generated on: 27th August 2014 at 20:56:50.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.