Congé Annuel et Vacances
Congés payés / Vacances annuelles
Every employee, with three uninterrupted months of qualifying service, has the right to annual paid leave. The general duration of annual leave is 25 working days per year. During the first year of employment, an employee may claim 1/12 of the holidays for every month worked. There is also provision of supplementary/additional leave for some workers: 6 days for workers with disabilities and for physically or mentally disabled persons; 3 days for mining workers; and 6 days for those workers whose weekly rest period is less than 44 hours per week. A worker must have worked at least 15 calendar days in a month for that month to be counted as one full month for calculation of annual leave.
The annual leave provision for part-time employees is calculated on pro-rata basis however the annual leave period is not expressed in days rather in hours. An employee who works 20 hours per week is entitled to 100 hours of annual leave while an employee who works 32 hours per week is entitled to 160 hours of annual leave.
Annual leave must be approved by employer at least one month in advance on the request of an employee. An employee may plan his annual leave as he/she wishes however an employer may refuse to grant leave on employee's proposed dates due to operational requirements and due to the justified wishes of other employees. An employer cannot require an employee to take leave without employee's consent and cannot force the worker to take unpaid annual leave.
Splitting of annual leave is allowed under the law however its minimum duration must be 12 consecutive working days except in the event of an agreement between the parties. Annual leave should be taken during the year in question. Annual leave may be deferred until 31st December of the following year, on the employee's request, if it consists of leave accumulated during the first year of work for the employer and that could not be taken in full; until 31st March of the following year if the employee was not able to take his leave due to operational reasons or the justified wishes of other employees or if the employee has days of annual leave while going on maternity leave, adoption leave or parental leave; and until after the date of the return to work if the employee has not been able to take annual leave due to sick leave.
Workers who are obliged to take a special leave in order to acquire or perfect their language skills in Luxembourgian have the 50% of their salaries reimbursed by public funds; the rest of the salary will be paid by their employers.
In compensation for an extension of the reference period from one month to four months, the employees are entitled to extra days of leave as follows: 1.5 days for any reference period of 1-2 months, 3 days for any reference period of 2-3 months, and 3.5 days for any reference period of 3-4 months.
Sources: §211(6) and 233 of Labour Code 2006, last amended in 2017; Loi du 19 décembre 2014 relative à la mise en oeuvre du paquetd’avenir – première partie Article 3
Salaires des jours fériés
Luxembourg has ten public holidays of both religious and memorial nature. The Public Holidays are New Year's Day (January 01), Good Friday, Easter (Monday), Labour/May Day (May 01), Ascension Day, Monday of Pentecost, Birthday of the Grand Duke on 23 June, Assumption Day, All Saints' Day, Christmas Day (December 25) and Boxing Day (December 26).
Public holidays in Luxembourg are paid holidays. If a public holiday falls on a Sunday, one additional compensatory leave day is granted to the worker within three months. If needs of the undertaking do not allow taking of this compensatory leave, it should be taken before end of calendar year. For public holidays during November and December, these are to be taken within the following three months.
However, no additional financial compensation is provided for workers who by his fault has not worked on the eve of the day following public holiday or who is absent for more than three days during the 25 day period preceding the public holiday without producing justification, even with valid absence reasons.
sources: §232 of Labour Code 2006, last amended in 2017
Jour de repos hebdomadaire
Workers are allowed a daily rest period of at least 11 uninterrupted hours within the period of 24 hours.
A worker has the right to a rest period of at least 44 uninterrupted hours within a period of seven days.
The weekly rest day is generally Sunday. If a worker is employed on weekly rest day, employers not only have to provide compensatory rest but also premium pay.
Where the daily working time exceeds 6 hours, workers are entitled to one more (paid or unpaid) rest periods. Young workers are entitled to (paid or unpaid) rest break of at least 30 consecutive minutes after 4 hours of work.
The adult workers are entitled to a daily rest period of 11 consecutive hours within a 24-hour period. The young workers, on the other hand, are entitled to 12 consecutive hours within a 24-hour period.
Sources: §211, 231, and 344 of Labour Code 2006, last amended in 2017
Réglementations sur le travail et les congés
Code du travail de 2006, modifié en dernier lieu en 2017 / Labour Code 2006, last amended in 2017
Loi du 19 décembre 2014 relative à la mise en oeuvre du paquetd’avenir – première partie / Law of 19 December 2014 on the implementation of the package of the future - first part