Employment law : The right to disconnect

What new rights will employees enjoy under the new Luxembourg law on the right to disconnect? What new obligations will employers have to comply with?

Luxembourg has just introduced the right to disconnect for employees into its legislation. Although the provisions relating to the right to disconnect have been in force since 4 July 2023, the sanctions will only apply in 3 years’ time, from 1 July 2026.

The Act of 28 June 2023 amending the Labour Code to introduce a system relating to the right to disconnect now adds a whole section dedicated to respect for the right to disconnect for employees, with obligations for the employer, including that of defining a system ensuring respect for this right to disconnect outside working hours whenever employees use digital tools for professional purposes.

In accordance with the new article L.312-9 of the Labour Code, the employers concerned will therefore have to define, at the level of the company or sector in question, the practical arrangements and technical measures for disconnecting from digital tools, awareness-raising and training measures, as well as compensation arrangements in the event of exceptional derogations to the right to disconnect.

The Labour Code provides that the system guaranteeing respect for the right to disconnect may be defined by means of a collective labour agreement or subordinate agreement, or directly at company level with consultation of the staff delegation where this exists.

With regard to penalties, which will only apply from 1 July 2026 for companies that fail to introduce such a system, the director of the Labour and Mines Inspectorate will be able to impose administrative fines of between €251 and €25,000, taking into account the circumstances and seriousness of the breach, as well as the behaviour of the offender after the offence has been established.

For more information on the rights and obligations associated with the right to disconnect, or on employment law, please contact our firm.