On 30 April 2021, the Luxembourg Economic and Social Council (Conseil économique et social, CES) issued an opinion on the right to disconnect.

In this opinion, the CES is recommending the addition of a new article L. 312-9 to the Labour Code on ‘Respect for the right to disconnect’. This article would cover the following provisions:

Obligation to implement a right to disconnect scheme

When employees use digital devices for their work, a scheme should be set up at company or sector level, making sure that the right to disconnect outside working hours is respected.

Implementation of the right to disconnect scheme

The scheme could be implemented by way of a collective bargaining agreement or a subordinate agreement. Otherwise, the right to disconnect scheme should be implemented once the staff delegation has been informed and consulted or by mutual agreement with them, in companies with at least 150 employees. If there is no staff delegation, the employer should set up the right to disconnect scheme and inform employees about it.

Content of the right to disconnect scheme

The scheme should be adapted to the specific situation of the company or sector, and should in particular set out:

• 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 from the right to disconnect.

Sanctions

Any breach of the obligation to implement a right to disconnect scheme would be liable to an administrative fine of between EUR 251 and 25,000 imposed by the Director of the ITM.

In addition, the CES points out that although the right to disconnect is not specifically mentioned in Luxembourg legislation at the moment, several other provisions in the Labour Code already provide safeguards when it comes to disconnecting from technology, including in particular:

• the rights and obligations that apply to working time;
• the rules applicable to health and safety at work, and in particular the employer’s general obligation to ensure the health and safety of all employees.