The right to disconnect

By a law dated 28 June 2023 (the “Law”), Luxembourg has formally introduced the right to disconnect in its Labour Code, under the sections relating to employer’s obligations.

Previously Luxembourg law indirectly regulated the concept of the right by requiring employers to comply with rules aimed at protecting employees, such as rules relating to working hours and health and safety. In 2019, a decision of the Luxembourg Court of Appeal recognised such right to disconnect by declaring a termination ‘abusive’ for dismissing an employee who did not respond or react to calls and instructions received during his holidays.

Pursuant to the Law, employers with employees who use digital tools for work must establish a system that guarantees the right to disconnect outside of working hours.

This right to disconnect should be implemented by way of a collective bargaining agreement or a subordinate agreement. In the absence of such agreements, the system must be defined at company level within the framework of competencies of the staff delegation, if any. In such cases, the introduction of the right is to be carried out once the staff delegation has been informed and consulted, or by mutual agreement with them in companies with at least 150 employees.

Arrangements must adapt to the particular circumstances, features and issues concerning the company or sector, and must address the following : 

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

Failure by employers to adhere to the right and implement the system will be liable for an administrative fine between EUR 251 and EUR 25,000. Prior to the fine being applied by the Director of the Labour Authority (Inspection du Travail et des Mines – ITM), the circumstances, seriousness of the breach and behaviour of the offender should all be considered. Such sanctions will become applicable as of 4 July 2026.