By the law of28 June 2023, Luxembourg has enshrined in the Labour Code the right to disconnect, now integrated into the employer's obligations. Until now, this right was only recognised indirectly, notably through the rules on working time and health and safety. The Court of Appeal had already acknowledged in 2019 that an employee could not be penalised for not responding to requests during their holidays.
The law now requires employers whose employees use digital tools to establish a system ensuring disconnection outside working hours. This requirement takes on particular importance during periods traditionally dedicated to rest, such as the festive season, when the boundary between professional and personal life can be severely tested.
The system must be provided for by collective agreement or subordinate agreement. Failing that, it is defined at the company level, after information and consultation with the staff delegation, or by mutual agreement in companies with 150 employees or more.
The measures must cover:
- the practical and technical modalities of disconnection;
- awareness and training;
- compensations in case of occasional exceptions.
Failure to comply with these obligations will be penalised by an administrative fine of251 to 25,000 EURissued by the Director of Labour and Mines Inspection. These sanctionswill come into effect on 4 July 2026, allowing companies a deadline to comply with the new legal framework.