The right to disconnect was introduced into Luxembourg law by the “Law of 28 June 2023 amending the Labour Code to introduce provisions on the right to disconnect”, which inserted a new Article L.312-9 into the Labour Code.
Luxembourg is among the pioneering European Member States to have expressly incorporated this right into their national legislation.
This legislative measure is part of an initiative to regulate digital tools, ensuring compliance with statutory rest periods and protecting employees' privacy.
Obligations for employers
Article L.312-9 of the Labour Code requires any employer using digital tools for professional purposes to establish a scheme ensuring the effective exercise of the right to disconnect outside working hours. This scheme must be tailored to the specific circumstances of the company or sector concerned.
This scheme must provide for:
Implementation of the specific scheme
The specific scheme must be established by means of a collective labour agreement or a subsidiary agreement. In this sense, the right to disconnect is already recognised in Article 27 of the Collective Labour Agreement for Bank Employees and in Article 10 quinquies of the Collective Labour Agreement for Employees of Insurance Companies.
In the absence of a collective labour agreement or a subsidiary agreement, it will be up to the employer to define the specific scheme applicable to the company.
In any event, the specific scheme relating to the right to disconnect must ensure compliance with the applicable legal or contractual provisions regarding working time.
The law provides that, where a staff delegation exists, the specific scheme shall be defined or amended following information and consultation with such delegation.
For companies employing at least 150 employees, the specific scheme has been added to the list of decisions to be taken by mutual agreement between the employer and the staff delegation.
Implementation of the right to disconnect
In practice, the arrangements can usefully be set out in a dedicated internal policy, but may also be incorporated into the company’s internal regulations where such a document exists.
We also recommend ensuring coordination 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 managerial roles and senior executives, given their specific status.
Penalties for non-compliance with the right to disconnect
Although the Law of 28 June 2023 came into force on 4 July 2023, the associated system of administrative penalties will not apply until 1st July 2026. In fact, the Law has provided for a three-year transitional period to allow companies to comply with the new requirements.
Thus, from 1st July 2026, the Labour Inspectorate will be empowered to monitor compliance with obligations relating to the right to disconnect and to impose administrative penalties in the event of non-compliance.
Failure to comply with the obligation to establish a disconnection scheme may result in an administrative fine of between EUR 251 and EUR 25,000. The amount of the fine will be determined taking into account the circumstances and the seriousness of the offence, as well as the conduct of the person responsible.
Conclusion
As the penalty regime is about to come into force, employers must ensure they comply with the requirements of Article L.312-9 of the Labour Code, especially with regard to organising work and using digital tools within the company.
Marie Bena, Partner
marie.bena@brucherlaw.lu
Ilaria Cendret, Junior Associate
ilaria.cendret@brucherlaw.lu