By a law dated 28 June 2023, the Luxembourg Parliament (Chambre des Députés) adopted legislation amending the Labour Code to formally introduce a statutory right to disconnect for employees using digital tools in the context of their work (the “Law”).
While the substantive obligation has been in force since July 2023, the transitional period granted to employers to implement a system ensuring employees' right to disconnect outside working hours is coming to an end. As of 1 July 2026, failure to comply may result in administrative sanctions.
From implicit protection to explicit obligation
Before the adoption of the Law, Luxembourg legislation did not expressly recognise a statutory right to disconnect. Nevertheless, employees already benefited from indirect protection through various provisions of the Labour Code, notably those governing working time, rest periods and the employer’s general duty to safeguard employees’ health and safety.
In addition, Luxembourg case law had recognised the right to disconnect prior to the reform. In 2019, the Luxembourg Court of Appeal held that dismissing an employee for failing to respond to work-related communications during annual leave constituted an unfair dismissal.
A mandatory system for digital work environments
The Law introduced a specific obligation for employers whose employees use digital tools for professional purposes. In such cases, employers must establish a scheme ensuring respect for the right to disconnect outside working hours.
This scheme must be adapted to the specific circumstances of the company or the sector concerned and must address, in particular:
the practical arrangements and technical measures for disconnecting from digital devices;
awareness and training measures;
and compensation arrangements in the event of exceptional derogations to the right to disconnect.
As a rule, the scheme must be implemented through a collective bargaining agreement or a subordinate agreement. In the absence of such agreements, it must be defined at company level with the involvement of the staff delegation where one exists.
Compliance deadline and sanctions
Although the obligation to implement a right to disconnect scheme has been in force since July 2023, the Law provides for a three-year transitional period before sanctions may be imposed.
This period will expire on 30 June 2026. As of 1 July 2026, the Labour and Mines Inspectorate (Inspection du travail et des mines) may impose administrative fines ranging from EUR 251 to EUR 25,000 on employers who fail to comply. The level of the fine will be determined on a case-by-case basis, taking into account the circumstances, the seriousness of the breach and the employer’s conduct.
What employers should do now
With the deadline approaching, employers who have not yet implemented a right to disconnect policy should act without delay.
Our Employment, Compensation and Benefits department remains available to assist you with any issues relating to the right to disconnect, including, where appropriate, the implementation of a right to disconnect policy tailored to your organisation.
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