[Luxembourg] Right to be disconnected introduced in Labour Code

In Luxembourg, the Law of June 28, 2023, amending the Labour Code to introduce a provision on the right to be disconnected has been published in the Mémorial A n°344 of June 30, 2023. The Law came into force on July 4, 2023, Mondaq summarises the points employers need to be aware of.

The main points in the Labour Code amendment to take note of include the following:

1. Employees concerned by the right to be disconnected:

• employees with an employment contract, together with trainees, apprentices and pupils and students employed during the school holidays; and,
• who use digital tools for professional purposes.

2. Employer obligations: set up a scheme to ensure that employees' right to be disconnected outside working hours is respected.

Mondaq notes that the scheme must be adapted to the specific characteristics and issues of the company or sector, which remains free to decide on the measures to ensure that the right to be disconnected is respected. It is recommended to set out these schemes in writing (charter, policy, etc.).

What the specific scheme should contain

The scheme may reportedly include:

• practical arrangements and technical measures for disconnecting from digital tools;
• awareness-raising and training measures;
• compensation arrangements in the event of exceptional derogations from the right to disconnect.

The scheme must ensure compliance with the applicable legal or contractual provisions on working time.

Level at which the specific scheme should be set up

• at the level of the collective bargaining agreement or a subordinate agreement;
• failing that, at company level, by the employer in compliance with the competences of the staff delegation if there is one, i.e.:
• in companies with less than 150 employees at the time of the last elections: the staff delegation must be informed and consulted;
• in companies with at least 150 employees at the time of the last elections: the staff delegation has the power of co-decision.

3. Penalties if a scheme is not set up: an administrative fine of between EUR 251 and EUR 25,000 pronounced by the Labour Inspectorate (ITM). The exact amount will depend on the circumstances, the seriousness of the breach, the behaviour and the size of the company.

The article relating to penalties will, however, reportedly come into force 3 years after the date of publication of the Law, i.e. July 1, 2026.

Actionable points for HR and in-house counsel

Practical application of the right to be disconnected:

• Step 1: Identify practices that need to be rectified, stopped or encouraged.
• Step 2: Determine the appropriate tools and implement practical solutions (e.g. blocking access to the company server during certain daily and weekly time periods, an obligation to leave digital tools on company premises, etc.).

Mondaq recommends that these schemes should be set out in writing (charter, policy, etc.).

Source: Mondaq

In Luxembourg, the Law of June 28, 2023, amending the Labour Code to introduce a provision on the right to be disconnected has been published in the Mémorial A n°344 of June 30, 2023. The Law came into force on July 4, 2023, Mondaq summarises the points employers need to be aware of.

The main points in the Labour Code amendment to take note of include the following:

1. Employees concerned by the right to be disconnected:

• employees with an employment contract, together with trainees, apprentices and pupils and students employed during the school holidays; and,
• who use digital tools for professional purposes.

2. Employer obligations: set up a scheme to ensure that employees' right to be disconnected outside working hours is respected.

Mondaq notes that the scheme must be adapted to the specific characteristics and issues of the company or sector, which remains free to decide on the measures to ensure that the right to be disconnected is respected. It is recommended to set out these schemes in writing (charter, policy, etc.).

What the specific scheme should contain

The scheme may reportedly include:

• practical arrangements and technical measures for disconnecting from digital tools;
• awareness-raising and training measures;
• compensation arrangements in the event of exceptional derogations from the right to disconnect.

The scheme must ensure compliance with the applicable legal or contractual provisions on working time.

Level at which the specific scheme should be set up

• at the level of the collective bargaining agreement or a subordinate agreement;
• failing that, at company level, by the employer in compliance with the competences of the staff delegation if there is one, i.e.:
• in companies with less than 150 employees at the time of the last elections: the staff delegation must be informed and consulted;
• in companies with at least 150 employees at the time of the last elections: the staff delegation has the power of co-decision.

3. Penalties if a scheme is not set up: an administrative fine of between EUR 251 and EUR 25,000 pronounced by the Labour Inspectorate (ITM). The exact amount will depend on the circumstances, the seriousness of the breach, the behaviour and the size of the company.

The article relating to penalties will, however, reportedly come into force 3 years after the date of publication of the Law, i.e. July 1, 2026.

Actionable points for HR and in-house counsel

Practical application of the right to be disconnected:

• Step 1: Identify practices that need to be rectified, stopped or encouraged.
• Step 2: Determine the appropriate tools and implement practical solutions (e.g. blocking access to the company server during certain daily and weekly time periods, an obligation to leave digital tools on company premises, etc.).

Mondaq recommends that these schemes should be set out in writing (charter, policy, etc.).

Source: Mondaq