Law on right to disconnect

On 13 June 2023, the Luxembourg Parliament voted a new law that was published on 30 June 2023 and entered into force on 4 July 2023 (“Law”).

The Law introduces into the Luxembourg Labour Code a section on the employee's right to “disconnect” outside working hours, thus codifying into law a right previously referred to by a ruling of the Luxembourg Court of Appeal (Court of Appeal, 3^rd Chamber, docket 45230).

What is changing?

The Law inserts a new section into the Labour Code, which will apply to employees using digital tools for professional purposes and essentially provides for the following changes:

• The employer must implement a system ensuring the application of practical measures allowing employees to disconnect from digital tools outside of working hours.
  Said system must be adapted to the specific situation of the company or business sector.
• The applicable system must be defined by the collective bargaining agreement related to the different sectors.
  In the absence of a collective bargaining agreement, the specific system is to be defined by the company after informing and consulting the staff delegation.
  If the company has at least 150 employees, the system has to be negotiated and defined by mutual agreement with the staff delegation in accordance with Article L.414-9 of the Labour Code.
• The Law further introduces an administrative fine ranging from EUR 251 to EUR 25,000 imposed by the Inspectorate of Labour and Mines (Inspection du travail et des mines, "ITM"), should a company not comply with the Law.

While the Law entered into force on 4 July 2023, it should be noted that the provision relating to the abovementioned fine will only become effective in three years from now, i.e. on 30 June 2026, in order to enable employers to comply with the Law.