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A new right to disconnect in Luxembourg

Written by
CASTEGNARO, your partner in labour and employment law in Luxembourg.
Authors
Dorothée David
Head of Knowledge - Luxembourg
CASTEGNARO
Luxembourg
03.11.21
3
Luxembourg is introducing a right for employees to disconnect outside of working hours.

On 28 September 2021, a bill to introduce a right to disconnect (Bill n°7890 amending the Labour Code, the ‘Bill’) was submitted to the Luxembourg Chamber of Deputies.

The Bill, which largely reflects the opinion of the Economic and Social Council (Conseil économique et social) of 30 April 2021 on the right to disconnect (see here), plans to modify the Labour Code in particular by introducing a new section (s8) entitled ‘Respect for the right to disconnect’ in the chapter devoted to employers’ obligations in terms of the protection, safety and health of employees.

The new measures introduced by the Bill are set out below.

Obligation to introduce a right to disconnect

When employees use digital devices for their work, a scheme making sure that the right to disconnect outside working hours is respected needs to be introduced for the company or sector in question.

New article L. 312-9 s1 of the Labour Code

Content of the right to disconnect scheme

This scheme should be adapted to the specific situation of the organisation or sector, and should set out, where applicable:

  • the practical arrangements and technical measures for disconnecting from digital devices;
  • awareness-raising and training measures;
  • compensation arrangements in the event of one-off exceptions to the right to disconnect.

 

New article L. 312-9 s1 of the Labour Code

Implementation

The scheme can be defined in a collective bargaining agreement or a subordinate agreement. Failing that, it should be established at organisation level, in accordance with the remit of the staff delegation, if there is one.

New article L.312-9 s2 of the Labour Code

Staff delegation involvement

The scheme ensuring the right to disconnect outside working hours is respected can only be introduced and modified after the staff delegation, if there is one, has been informed and consulted or by mutual agreement with the staff delegation in organisations with at least 150 employees.

New article L. 312-9 s2, new article L. 414-3, paragraph (6) and new article L. 414-9, point 8. of the Labour Code

Sanctions and transitional measures

Any breach of the provisions described above would be liable to an administrative fine of between EUR 251 and 25,000 imposed by the Director of the Labor Inspectorate (ITM). However, this measure would only come into force one year after the Bill is published in the form of a Law in the Mémorial (the Luxembourg official journal), and three years after this date for organisations covered by a collective bargaining agreement or a subordinated agreement.

New article L. 312-10 of the Labour Code

Compulsory negotiation

The arrangements in place for the scheme to make sure that the right to disconnect outside working hours is respected would be added to the list of subjects for compulsory collective negotiations in companies covered by a collective bargaining agreement or a subordinated agreement. The result of these must be recorded in the collective bargaining agreement or subordinated agreement, if there is one.

New article L. 162-12, paragraph (4), point 5. of the Labour Code