Working hours and statutory leave

Organization of working time in Luxembourg

Legal working hours in Luxembourg companies

In Luxembourg, the normal working hours are 8 hours per day and 40 hours per week for full-time employment.

The law allows overtime of up to 2 hours per day and 8 hours per week. The maximum working time may therefore not exceed 10 hours per day or 48 hours per week.

Employees are entitled to daily and weekly rest periods. These rest periods must be:

• At least 11 hours per 24-hour period
• a minimum of 44 consecutive hours per 7-day period.

The employment contract or the company's internal regulations must specify the fixed working hours.

Overtime in Luxembourg

Overtime principle

Any hours worked in excess of normal working hours are considered overtime.

In the case of overtime, the maximum working time must be limited to 10 hours per day or 48 hours per week.

It is possible to extend the maximum working time to 12 hours per day in certain cases:

• in certain sectors
• in certain professions
• at certain times of the year.

However, the weekly working time must not exceed 40 hours, except in exceptional cases. The 48-hour maximum weekly working time limit does not apply in the case of work carried out:

• to deal with an accident
• in an emergency.

Finally, employees may take time off in lieu of overtime worked or be paid accordingly.

Overtime in Luxembourg

In exceptional circumstances, employers may ask their employees to work overtime.

However, overtime cannot apply to all employees. The law protects, in particular:

• teenage employees,
• pregnant and breastfeeding employees or apprentices
• part-time employees
• temporary employees
• senior managers.

If the employee works overtime, the maximum working time must be 10 hours per day or 48 hours per week.

Overtime pay in Luxembourg

Overtime entitles the employee to:

• compensatory time off or
• to additional pay.

In both cases, the premium is 40%.

In conclusion, overtime pay is exempt from tax and partially exempt from social security contributions.

Please note that senior executives are not entitled to additional remuneration for overtime.

Relaxation of legal working hours in Luxembourg

More and more Luxembourg companies are offering their employees the opportunity to manage their working hours for a better work-life balance.

This translates into one afternoon off per month or the possibility of taking two hours off for personal needs, etc.

More information is available from ALEBA, the union for all in Luxembourg.

Telework

With the Covid crisis, teleworking has grown significantly in Luxembourg. Teleworking is permitted in Luxembourg, subject to agreement between the employee and their employer. This is, of course, subject to the necessary agreement between employees and their employer in accordance with the Labor Code and the rules specific to each company depending on its sector of activity.

Since January 1, 2024, cross-border workers are now entitled to 34 days of teleworking, with no tax implications in their country of residence.

Flexible working hours

Flexible working hours are managed between the parties (employee and employer). This must be established within the legal limits and according to service requirements.

Flexible working hours in Luxembourg

An employee who is the parent of a child under the age of 9 with a serious illness may ask their employer to adjust their working hours. This adjustment may consist of flexible working hours, the ability to telework, or a reduction in working hours for a certain period. To be eligible, they must have been with the company for at least 6 months.

Work organization plan

If they wish, companies can establish a "Work Organization Plan" or "POT." The POT determines employees' working hours based on the company's foreseeable activity. The POT covers a reference period .

The POT can be implemented for a period of 1 to 4 months maximum. Any hours worked in excess of this must be compensated with overtime or additional leave.

Night work in Luxembourg

Night work is legal in Luxembourg. It refers to hours worked between 10 p.m. and 6 a.m. In the hotel and restaurant sector (Horeca), night work begins at 11 p.m. and ends at 6 a.m.

Night workers may work a maximum of 8 hours per 24-hour period in a week. Collective agreements regulate the premium pay for night hours.

Working on Sundays and public holidays in Luxembourg

With some exceptions, it is prohibited to work on Sundays and public holidays in Luxembourg. In such cases, the worker must receive monetary compensation or compensatory time off.

This explains why shops are generally closed on public holidays and Sundays.

Rest periods in Luxembourg: legal provisions

After working more than 6 hours per day, all employees are entitled to one or more rest periods.

Breaks may or may not be paid. Only one rest period per day may be unpaid.

The duration of breaks is not prescribed by law. However, unpaid breaks are limited in duration. They may not exceed three hours, or four hours if the work schedule requires it.

Lunch break during working days

Lunch breaks are often unpaid breaks from work.

In most cases, the individual employment contract specifies the lunch break. The applicable collective bargaining agreement may also specify the lunch break.

Coffee breaks and cigarette breaks

The employer may set coffee and cigarette breaks at their discretion. Although these aregenerally tolerated and paid, it is recommended that they not be abused.

Nevertheless, some companies require their employees to clock out during cigarette breaks.

Breaks for breastfeeding in Luxembourg

A newmother may request breaks from work to breastfeed her child. The employer must then grant her time for breastfeeding during her working day. Breastfeeding breaks count as working time. They are entitled to normal pay.

Breastfeeding time consists of two periods of 45 minutes each. The first break must be taken at the beginning of the working day. The second breastfeeding break takes place at the end of the employee's normal daily working hours.

Finally, these two breaks may be converted into a single breastfeeding break of at least 90 minutes in the following cases:

• if the working day is interrupted only by a one-hour break
• if the mother cannot breastfeed her child in the vicinity of her workplace.

Employee leave entitlements in Luxembourg

Statutory annual leave in Luxembourg

Every employee is legally entitled to 26 working days of paid annual leave.

In addition to these vacation days, there are 11 statutory public holidays: New Year's Day , Easter Monday, May 1 and May 9, Ascension Day, Whit Monday, National Day (June 23), Assumption Day, All Saints' Day (November 1), Christmas Day and the day after Christmas (December 25 and 26). If these public holidays fall on a Sunday, they will be subject to additional days off, in addition to the 26 days above.

When a public holiday falls on a non-working day (e.g., a Sunday), the employee is entitled to a compensatory day off.

Employees may be entitled to additional days off under collective agreements or agreements between the parties.

Sick leave for employees in Luxembourg

In Luxembourg, sick employees are entitled to sick leave, which is strictly regulated by law.

To avoid putting yourself at risk with your employer, you can find more information about sick leave here.

Special leave for employees in Luxembourg

Employees are entitled to special leave in certain specific cases:

• Paternity leave upon the birth or adoption of a child under the age of 16: 10 days
• Postnatal maternity leave: 12 weeks
• Leave for family reasons (sick child, except for serious illnesses):
  • 12 days for a child between 0 and 4 years old
  • 18 days for a child between 4 and 13 years of age
  • 5 days for a child between 13 and 18 years old
• Caregiver leave: 5 days to provide assistance or care to a person in your household or a family member suffering from a serious illness
• Absence due to force majeure: 1 day
• Employee's marriage: 3 days
• Civil partnership registration: 1 day
• Child's marriage: 1 day
• Moving house: 2 days (every 3 years)
• Death of a minor child: 5 days
• Death of partner, spouse, first-degree relative, or partner or spouse of first-degree relative: 3 days
• Enlistment in military service: 1 day

Find out more about maternity and parental leave in Luxembourg.

Collective leave in Luxembourg companies

A company may decide to close for annual leave. In this case, the period of collective leave must be agreed in advance with the staff delegation or, failing that, with the employees concerned.

The employer must inform its employees of the collective leave period chosen no later than during the first quarter of the year.

Several collective labor agreements require companies to take collective summer and/or winter leave:

• construction and civil engineering sector
• ceiling and facade installers
• heating and plumbing installers.

Collective agreements in the construction and civil engineering sectors require employees to take mandatory collective leave each year. Lasting 15 working days in the summer and 10 working days in the winter, this measure affects approximately 18,000 people.

In practical terms, in Luxembourg, August becomes "Summerlach" or the summer break. All construction sites, whether public or private, are shut down, except for exemptions granted by the Labor and Mines Inspectorate (ITM). This is the case, for example, for work in schools or factories during production shutdowns, or upon request if the ITM considers the work to be urgent. However, individuals carrying out work must comply with the regulations.

Terms and conditions for applying paid leave in Luxembourg

Setting vacation time by the employee

Employees must set their annual leave at least one month in advance and inform their employer.

In principle, they may set their vacation days at their convenience. They must take their vacation in full during the current year. However, under certain conditions, annual vacation may be carried over until December 31.

The employer may object to the employee's vacation for operational reasons. However, the employer cannot impose individual vacation dates without the employee's consent. Nor can the employer impose unpaid leave.

Repeated and unjustified refusal by the employer to grant leave constitutes misconduct. This may justify the employee's resignation with immediate effect.

Recovery of leave in the event of employee illness

If the employee falls ill during their leave, they must notify their employer immediately. They must also provide a medical certificate within three working days.

The days covered by the medical certificate are considered sick leave. If the employee is no longer unable to work, they must return to work on the date initially agreed with the employer. The employee and employer will then agree on a new period of leave for the employee.

Consulting a doctor during working hours

It is not possible to consult a doctor during working hours. Only pregnant women are exempt from work in order to attend prenatal examinations required by law.

However, employees may request permission from their employer to visit their doctor during working hours. The employer is under no obligation to grant this permission.

Certain collective agreements may, however, grant special leave for medical appointments.

Find out more about sick leave in Luxembourg and employees' obligations.

Termination of the employment contract during employee leave

During the leave period, the employee is not protected against dismissal.

If the employment relationship ends before the employee has been able to take all of their leave, the employer must pay them the corresponding leave allowance.

If an employee who has been dismissed with notice or has resigned is still entitled to days of leave, the employer cannot force them to take these days during the notice period.

Similarly, the employer is not obliged to grant them leave during the notice period.

Would you like to know more about labor laws and working conditions in Luxembourg? Click here.