The Employment Law Minute: A Practical Guide for HR

Legislative framework

The right to disconnect was introduced into Luxembourg law by the Law of 28 June 2023 amending the Labour Code to introduce a framework governing the right to disconnect. This law inserted a new Article L.312-9 into the Labour Code.

Luxembourg is among the pioneering European countries to have expressly incorporated this right into its national legislation.

This legislative development reflects an intention to regulate the use of digital tools in order to ensure compliance with statutory rest periods and protect employees’ private lives.

Employers’ obligations

Article L.312-9 of the Labour Code requires any employer using digital tools for professional purposes to establish a framework ensuring the effective exercise of the right to disconnect outside working hours. This framework must be adapted to the specific circumstances of the company or sector concerned.

It must provide for:

• Practical arrangements and technical measures for disconnecting from digital tools;
• Awareness-raising and training measures;
• Compensation arrangements in the event of exceptional derogations from the right to disconnect.

Implementation of the specific framework

The specific framework must be defined by means of a collective bargaining agreement or a subordinate agreement. Such provisions are already included in Article 27 of the Collective Bargaining Agreement for Bank Employees, as well as in Article 10 quinquies of the Collective Bargaining Agreement for Employees of Insurance Companies.

In the absence of a collective bargaining agreement or subordinate agreement, it is for the employer to define the specific framework applicable within the company.

In all cases, the specific framework governing the right to disconnect must ensure compliance with the applicable statutory or collectively agreed provisions on working time.

Involvement of the staff delegation

The law provides that, where a staff delegation exists, the specific framework must be established or amended after informing and consulting the staff delegation.

For companies employing at least 150 employees, the specific framework has been added to the list of decisions that must be taken by mutual agreement between the employer and the staff delegation.

Implementing the right to disconnect

In practice, the applicable arrangements may usefully be formalised in a dedicated internal policy, but may also be incorporated into the company’s internal regulations where such regulations exist.

We also recommend ensuring consistency with other relevant internal policies, such as the remote-working policy, where applicable.

Training and awareness-raising initiatives must be organised for all employees, with particular attention paid to managers and senior executives, given their specific roles and responsibilities.

Sanctions for failure to comply with the right to disconnect

Although the Law of 28 June 2023 entered into force on 4 July 2023, the related administrative sanctions regime only became applicable from 4 July 2026. The law provided for a three-year transitional period to allow companies to comply with the new requirements.

Accordingly, since 4 July 2026, the Labour and Mines Inspectorate (Inspection du travail et des mines – ITM) has been empowered to monitor compliance with the obligations relating to the right to disconnect and to impose administrative sanctions in the event of a breach.

Failure to establish a right-to-disconnect framework may result in an administrative fine ranging from EUR 251 to EUR 25,000. The amount of the fine is determined by taking into account the circumstances and seriousness of the infringement, as well as the conduct of the person responsible.

With the sanctions regime now in force, it is essential for employers to ensure compliance with the requirements of Article L.312-9 of the Labour Code, particularly in light of the practical organisation of work and the use of digital tools within the company.

➡️ For any questions regarding employment law, please contact Marie Bena, Elodie Rousseau or Ilaria Cendret.