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 - Working time - 2009


LAST UPDATE

18 November 2009.

SOURCES


Name of Act

Act of 31 July 2006 to establish a Labour Code, Official Journal Part A No. 149 of 29 August 2006, P. 2456, as amended up to Act of 29 June 2009

LEGAL DEFINITIONS


Working time/working hours

The period during which the worker is at the disposal of the employer. Excludes rest periods during which the worker is not at the disposal of the employer.
Labour Code § L211-4

Employee/worker

Every person employed in the public or private sector and persons who receive a professional training.
Labour Code § L211-1

Overtime/overtime work

Work executed beyond daily and weekly limits of normal hours of work.
Labour Code § L211-22

Part-time work(er)

Hours of work inferior to normal hours of work as defined by law or collective agreement.
Labour Code § L123-1

Night work(er)

Work performed between 22.00 and 06.00.
Workers who perform at least 3 hours of their working time during the night work period or workers who, by virtue of a collective agreement, are likely to perform night work at least one-fourth of their total annual work hours.
Labour Code § L211-14

Young worker

A young worker is s person below the age of 18 years with a working contract who is occupied in the territory of Luxembourg. A child is a young person below the age of 15 years. Adolescents are persons between the age of 15 and 18 years.
Young workers in the domestic and agricaltural business can be covered by a special decree.
Labour Code §§ L341-1, L341-2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The general limit is 8 hours but daily work cannot be more than 10 hours.
Labour Code §§ L211-5, L211-12
Historical data (year indicates year of data collection)
  • 2011: The general daily limit is 8 hours but daily work may be extended up to 10 hours, including overtime work.
  • 2007: 8 hours

Exceptions

In strictly defined sectors, where there is an exceptional seasonal work overload collective agreements can permit 12 hour daily and 60 hour weekly limits for a period of up to six weeks. The terms of the collective agreement, including the amount of compensatory time off, must be authorised by the Minister of Labour.

Where no compensation system is in place, each hour worked beyond 8 hours a day and 40 hours a week must be paid as overtime. Where a compensation system exists, each hour worked beyond 10 hours per day or 48 hours per week must be paid as overtime.
Labour Code §§ L211-8, article L211-9, L211-13

Special categories


» Young workers

Children below the age of 15 are generally not allowed to work except some cases defined by the law.
For adolescents the maximum is 8 hours a day.
Labour Code §§ L342-1, L342-3, L342-4, L 344-7

Weekly hours limit


General limit

The general limit is 40 hours and weekly working hours can generally not exceed 48 hours.
Labour Code §§ L211-5, L211-12
Historical data (year indicates year of data collection)
  • 2011: The general weekly limit is 40 hours, but weekly work may be extended up to 48 hours including overtime work.
  • 2007: 40 hours
  • 1995: 40 hours.

Reference period(s)

A reference period in which this average has to be achieved may be extended or reduced by collective agreement , but may not extend beyond 12 months.
Labour Code §§ L211-6, L211-7, L211-8

Exceptions

In strictly defined sectors, where there is an exceptional seasonal work overload collective agreements can permit 12 hour daily and 60 hour weekly limits for a period of up to six weeks.

The terms of the collective agreement, including the amount of compensatory time off, must be authorised by the Minister of Labour.

Where no compensation system is in place, each hour worked beyond 8 hours a day and 40 hours a week must be paid as overtime. Where a compensation system exists, each hour worked beyond 10 hours per day or 48 hours per week must be paid as overtime.
Labour Code § L211-13

Special categories


» Young workers

40 hours.
Labour Code § L344-7

OVERTIME WORK


Criteria for overtime


General

Overtime is limited to the following situations:

1. to prevent loss of perishable goods or for techical reasons;
2. to allow special tasks, such as establishing inventories;
3. for extraordinary workloads due to particular events;
4. public order and national danger.
Labour Code § L211-23

Limits on overtime hours


General limits

Maximum limit (including overtime) of 10 hours per day
Maximum limit (including overtime) of 48 hours per week
Labour Code § L211-26
Historical data (year indicates year of data collection)
  • 2011: The worker can not perform more than 2 hours of extra work per day. Therefore the worker shall not perform work more than 10 hours daily.
  • 2007: 40 hours per week over a 4 week reference period. Maximum limit (including overtime) of 10 hours per day Maximum limit (including overtime) of 48 hours per week
  • 1995: Maximum 10 hours a day, including overtime 2 hours per day.

Compensation for overtime work


Overtime rate(s)

25% increase over houly wage for each extra hour worked (blue collar workers).
50% increase for each extra hour worked (white collar workers).
Labour Code § L211-25
Historical data (year indicates year of data collection)
  • 2011: Where overtime work is compensated financially, the worker shall be provided with a 40% increase over hourly wage for each extra hour worked.
  • 2007: 25% increase
  • 1995: 50% premium. 70% for work on Sunday and 100% on public holidays.

Compensatory rest

If not compensated financially, 1 1/2 hours of paid leave for each hour of overtime worked.
Labour Code § L211-27

Notice of requirement to work overtime


General provisions

Workplan must be established at lesat five weekdays before the reference period for that purpose and be submitted to the staff delegation.
Labour Code § L212-6

Special categories


Young workers

Overtime work is prohibited for young workers, except in cases of force majeure and work necessary for the normal function of the undertaking.
If young workers perform overtime work they have to get a salary increase of 100 percent.
Labour Code § L344-10

REST PERIODS


Rest breaks


General provisions

The worker is entitled to at least one break after a minimum daily work period of 6 hours. The rest breaks are to be specified in a collective agreement and may be paid or unpaid, provided that only one rest break may be unpaid.
Labour Code § L211-16
Historical data (year indicates year of data collection)
  • 2011: Where the daily work time exceeds 6 hours, each salaried worker is entitled to one or more rest periods, paid or not.
  • 2007: The worker is entitled to at least one break after a minimum daily work period of 6 hours. The rest breaks are to be specified in a collective agreement and may be paid or unpaid, provided that only one rest break may be unpaid.
  • 1995: No generally applicable provision.

Special categories


» Young workers

30 minutes after 4 hours of work.
Young workers are entitled to same rest periods as adults when working with adults.
Labour Code § L344-11

Daily rest periods


Duration

The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
Labour Code § L211-16
Historical data (year indicates year of data collection)
  • 2011: The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
  • 2007: The worker is entitled to a rest period of 11 consecutive hours within a 24 hour period.
  • 1995: 10 hours.

Special categories


» Young workers

At least 12 consecutive hours.
Labour Code § L344-12

Weekly rest periods


Duration


» General

Continuous period of 44 hours.
Labour Code § L231-1
Historical data (year indicates year of data collection)
  • 2011: The employer must grant a rest period of minimum 44 consecutive hours within each 7 day period. A supplementary one-day leave is granted when overtime work amounts to 8 hours.
  • 2007: Continuous period of 44 hours.
  • 1995: 44 consecutive hours.

» Exceptions

A supplementary one-day leave is granted when overtime work amounts to 8 hours.
Labour Code § L211-27

Day specified


» General

Sunday.
Labour Code § L231-1

Work on weekly rest day


» Criteria

Work on a weekly rest day is permitted for:

(1) family undertakings;
(2) surveillance of undertaking local cleaning and maintenance work;
(3) work necessary to prevent products from deteriorating, only to the extent that the work cannot be performed on another day; and
(4) urgent work necessary to prevent or respond to accidents.

Work is permitted on Sundays under temporary or regular derogation granted by the Labour Minister if the normal functioning of the enterprise would be compromised by closing on Sunday.
Labour Code §§ L231-2, L231-3, L231-4, L231-5

» Compensation (for working on a rest day)

If a worker works more than four hours on a Sunday her or she has a right to a full day of compensatory leave. If the worker worked less than 4 hours a Sunday her or she has a right to half a day off. The worker gets a 60% salary incrase for every hour worked on a Sunday. If her or she gets compensatory leave only the additional 60% have to be paid.

Adolescent workers who work on a Sunday or Public Holiday get a 100% increase of their salary.
Labour Code §§ L344-14, L231-7

» Prohibitions and limitations

It is prohibitted for public and private-sector workers, including apprentices, to work on Sundays from midnight to midnight.
Labour Code § L231-1

Special categories


» Shift workers

Derogations are possible for undertakings where work is organized by continuous shift work.

Teams of shiftworkers working during the night of Saturday to Sunday may not work later than 6:00 on Sunday moring. They shall benefit from an uninterrupted rest period until 6:00 on Monday. If Sunday work exceeds 4 hours, a minimum of one days’ rest; if work is less than 4 hours, a half-days’ rest.
Labour Code § L231-6

» Young workers

2 consecutive days, in principle Sundays
It is generally prohibited for young workers to work on Sundays and on statutory public holidays, except in certain sectores; medical work, socio-educational, catering and child-care institutions (every second Sunday must be free, except during the months of July and August).
Labour Code §§ L344-12, L344-13

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

At least three months employment with the same employer. For the first year the employee can claim 1/12 of the holidays for every month worked.
Labour Code §§ L233-6, L233-7

Duration


» General

25 days per year.
Supplementary leave of 6 days for workers with disabilities and for physically or mentally disabled persons.
Labour Code § L233-4
Historical data (year indicates year of data collection)
  • 2011: The legal duration of annual leave is set to 25 working days per year. Supplementary leave of 6 days for workers with disabilities and for physically or mentally disabled persons. For the first year the employee can claim 1/12 of the holidays for every month worked.
  • 2007: 25 days per year. Supplementary leave of 6 days for workers with disabilities and for workers who do not benefit from 44 hours of continuous weekly rest. One extra day of leave is granted for enrollment in military service.
  • 1995: 25 working days.

Payment


» Amount

For every day of leave the worker has a right to a payment equal to the average daily salary earned in the three months prior to the leave. The payment is based on the gross salary not including special payments.
Labour Code § L233-14

Schedule and splitting

In principle, when the worker wants, with due consideration being taken of the undertaking’s needs and those of other workers. The dates of leave are to be fixed one month in advance of taking leave, when the worker asks for leave. The leave must be taken up during the calendar year. Transferring leave to the next calendar year is only possible under exceptional circumstances. In case of transferal, the leave must be taken before 31 March of the next calendar year.

The leave is to be taken consecutively unless urgent business interests or the interests of the worker necessitate a division of the leave. If the leave for these reasons cannot be taken consecutively, one of the parts of the leave period must comprise at least 12 consecutive working days.
Labour Code §§ L233-8, L233-9, L233-10

Special categories

Cultural people like artits, experts in cultural matters can take a cultural leave of not more than 60 days in total and not more than 20 days within 2 years. It counts as working time and is paid the average of the daily payment prior to taking the leave.

There is a special sports leave for elite sportsmen of Luxemburg who have to prepare for international meetings.

There is also a special leave for people engaged in development cooperation.
Labour Code §§ L234-8, L234-9, L234-10, L234-11, L234-14, L234-16, L234-31, L234-32, L234-33, L234-35

» Young workers

A minimum of 25 working days per year. There can be more generous provisions in collective agreeements.

There is a special youth leave for internships or youths meetings which can not exceed 60 days altogether and cannot exceed 20 days within 2 years. It counts as working time and the young worker gets full payment.
Labour Code §§ L344-16, L234-1, L234-2, L234-3, L234-4

PUBLIC HOLIDAYS

10 days: New Year, Easter Monday, 1st of May, Ascension, Monday of Pentecoste, Birthday of the Grand Duke on 23 June, Assomption, All Saints`Day, First and Second Day of Christmas.

If a public holiday falls on a Sunday, one additional compensatory leave day within three months. If needs of the undertaking do not allow it, before end of calendar year, except for public holidays during November and December, which are to be taken within the three following months.

Compensation is in the form of leave and may not be financial, except if the special conditions of the undertaking do not allow otherwise.

For work undertaken on public holidays, financial compensation is increased by 100% of normal wages.

No additional financial compensation for workers who by his or her fault has not worked the eve or day following public holiday; or, who is absent during more than three days during the 25 day period preceding the public holiday without producing justification, even with valid abscence reasons.
Labour Code §§ L232-2, L232-6, L232-3, L232-7, L232-9

Number and dates

10 days.
Labour Code § L232-2

EMERGENCY FAMILY LEAVE

one day extra holiday to subscribe for military service,
2 days for spouse’s delivery of child or a child’s marriage;
3 days for the death of a spouse or close relative; and
6 days for a worker’s marriage.
Full remuneration.
Labour Code § L233-16

PART-TIME WORK


General provisions

Part time work is every work which is performed below the weekly or daily limits of working hours.
Labour Code § L123-1

Limits


Daily hours limit

In a period of 4 weeks the daily hours limit cannot be more than the normal hours limit fixed in the contract.
The daily hours limit cannot be more than 24% of the hours limit fixed in the contract.
Labour Code § L123-1

Weekly hours limit

The weekly hours cannot exceed 24 % or the hours agreed in the contract. In a four week average the hours cannot exceed the hours agreed in the contract.
Labour Code § L123-1

Overtime work

Overtime work can only be conducted when there is a consent between worker and employer. Overtime work cannot exceed the normal hours of a full time worker.
Labour Code § L123-5

Right to equal treatment

Part-time workers are entitled to the same rights as those recognized for full-time workers under laws or collective agreements.
Labour Code § L123-6

Right/scope

These rights are entitled to equal treatment in particular with respect to remuneration, length of service, severence pay and probation periods.
Labour Code §§ L123-6, L123-7

NIGHT WORK


Limits

8 hour daily limit over a reference period of a week.

On the basis of a collective agreement and in deviation to this principle, the reference period can be extended to a maximum of 12 months (6 months if based on a factory agreement industrial bank) to carry out activities in the following:

(1) when the service or the production process cannot be interrupted;
(2) in the transport sector;
(3) on the ground of seasonal overload work activity (agriculture, tourism, postal servives), in the agricultural sector, etc.

To establish a reference period in deviation to the general principles, a collective agreement or a factory agreement industrial bank must provide for equivalent compensatory rest time.

For workers exposed to particular ocupational risks, the 8 hour limit including night work must be calculated over a 24 hour reference period.
Labour Code §§ L212-15, L211-17, L211-10

Daily hours limit

Generally 8 hours in a reference periof of one week.
Labour Code § L211-15

Overtime work

Overtime work is the work performed exceeding the daily hours limits. It can only be performed with the authorisation of the Minister of Labour under the following conditions: to allow special necessary work, to prevent high losses, in the public interest, if an accident occurred.
Labour Code §§ L211-22, L211-23, L211-24

Rest breaks

Every worker benefits of a rest period if the night work performed exceeds 6 hours.
Labour Code § L211-16

Daily rest periods

At least 11 consecutive hours.
Labour Code § L211-16

Compensation

25% increase in the public sector.
40% increase in the private sector.

If a worker performs night work under a collective agreement or a factory agreement, which established a reference period in deviation to the general principles, he must be given equivalent compensatory rest time.
Labour Code §§ L211-27, L211-31

Workers' health

Nightworkers are entitled to a medical examination before the start of their employment and after that at regular intervals.
The employer must transfer the nightworker to a suitable daytime position if a medical examination has determined that the night-work has been harmful for the worker’s health.
Labour Code §§ L326-1, L326-9

Special categories


Young workers

Young workers are not allowed to work 12 consecutive hours at night between 20:00 and 06:00.
Exceptions can be made by decree for some professions like holpitals.
Labour Code § L 344-15

Pregnant workers/recent birth

Pregnant workers cannot be required to work between 22:00 and 6:00 except if an occupational physician finds it necessary for the woman’s safety and health. This is also applicable to breastfeeding workers, until the child’s first birthday. If these conditions are met, the employer must transfer women workers to a day post, keeping the same salary as under night work, during the necessary period for the worker’s safety and health, as fixed by an occupational physician.
Labour Code §§ L333-1, L333-3

SHORT-TIME WORK/WORK-SHARING


General provisions

In cases of economic crisis when the economic downturn is cyclical and temporary the employer can reduce the normal working hours. The government after the report of the committee of economic activity defines in which branches the reduction of working hours is inevitable. The employer can make a request for state subsidies in case of reduced working hours after consulting the works councils and unions. State subsidies can be given to the employers when the above criteria are fulfilled. The decision to grant a subsidiy are reviewed every month.
Labour Code §§ L511-1, L511-2, L511-3, L511-4, L511-6, L511-10, L511-11

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Employees requesting changes to full-time work or to part-time work benefit from priority with respect to information on available positions within the enterprise.
Labour Code § L123-3

Reasons for request


Parents

Parents have a right to parental leave of six months per child to care for children younger than five years of age. The leave can be taken as 12 months of part-time work.
Labour Code §§ L234-42, L234-43

Results generated on: 18th April 2014 at 15:11:22.
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.