In Luxembourg, the standard working hours for employees are regulated by the Chambre des Salariés (CSL), the Luxembourgish Chamber of Employees.

The standard workweek in Luxembourg is capped at 40 hours, as stipulated by Luxembourgish law. This translates to a maximum of 8 hours worked per day.

While the legal limit is set at 40 hours per week, employers and employees are granted some flexibility in distributing those hours across the workweek. As long as the daily and weekly limitations are respected, the employment contract can specify how the 40 hours are divided amongst the working days (Monday to Saturday).

For instance, if both parties agree, the workweek can be condensed into 5 days or less, with daily working hours extended to 9 hours while maintaining the 40-hour weekly maximum.

Work hours that exceed the standard 40-hour weekly limit or 8 hours per day are classified as overtime in Luxembourg. There are exceptions for emergencies or unforeseen urgent work, but these situations require specific justifications.

Luxembourgish law imposes limitations on the amount of overtime an employee can be required to work. The maximum permitted overtime is 2 additional hours per day and 8 additional hours per week. This restricts the total working week to a maximum of 48 hours.

All overtime work must be compensated by the employer. There are two primary methods for this compensation:

• Compensatory Time Off: This grants the employee 1.5 hours of paid time off for every hour of overtime worked. This translates to one hour of regular pay, plus an additional 30 minutes of paid rest time.
• Time Savings Account: Overtime hours can be credited to a time savings account established through a collective agreement or separate agreement between the employer and employee representatives. The specific terms governing this account, such as how and when the accumulated time can be used, are determined by the agreement.

If compensatory time off or a time savings account is not feasible, or if the employee leaves the company before utilizing accumulated overtime hours, a financial compensation scheme applies. In such situations, the employee is entitled to receive their normal hourly wage, with an additional 40% premium applied to each overtime hour worked. This 140% compensation is exempt from income tax and most social security contributions, offering a significant financial benefit.

Luxembourgish law guarantees minimum rest periods and breaks for employees to ensure their well-being and work performance. The Chambre des Salariés (CSL) and relevant legal articles provide a framework for these entitlements.

Daily Rest Periods

Luxembourgish law mandates a minimum daily rest period of 11 consecutive hours for every 24-hour period. This ensures sufficient time for rest and recuperation between work shifts.

Weekly Rest Periods

In addition to daily rest, the law mandates a minimum weekly rest period of 44 consecutive hours within a 7-day period. This extended rest period is crucial for overall employee well-being and can include weekends, public holidays, or other designated days off.

Rest Periods During the Workday

Employees who work for more than 6 hours per day are entitled to one or more rest periods during the workday. The specific duration of these breaks is not mandated by law. However, some key points to consider are:

• Paid vs. Unpaid Breaks: Employers have the discretion to designate these breaks as paid or unpaid.
• Maximum Unpaid Break: There is a legal limit on the duration of unpaid breaks. It cannot exceed 3 hours, with an extension to 4 hours permitted only under exceptional circumstances where the work schedule requires it.

Luxembourgish legislation acknowledges the demanding nature of night and weekend work and establishes specific regulations to protect employee well-being. The Chambre des Salariés (CSL) and relevant legal articles provide a framework for these regulations.

Night work is defined as work performed during a specific timeframe. While the standard definition applies to hours between 10 pm and 6 am, there's a variation for the hospitality sector (Horeca):

• Standard Definition: Night work encompasses hours worked from 10:00 p.m. to 6:00 a.m..
• Horeca Sector: Night work in the hotel, restaurant, and cafe industry (Horeca) applies to hours between 11:00 p.m. and 6:00 a.m..

The average working time for night shift workers cannot exceed 8 hours per 24-hour period calculated over a 7-day period. This ensures night workers receive adequate rest even with a non-standard schedule.

Additional protections for certain night workers include:

• Hazardous Jobs: Night workers engaged in particularly risky or physically demanding tasks are legally limited to working a maximum of 8 hours per 24-hour period under any circumstances.
• Mobile Workers: Night workers in the mobile road transport sector have a different limitation. They cannot work more than 10 hours per 24-hour period, with exceptions allowed only in specific situations:
  • The night work duration is limited to a maximum of 2 hours, twice per week.
  • The employee works as part of a two-person crew.

Luxembourgish law mandates a minimum weekly rest period of 44 consecutive hours within a 7-day period. This rest period can encompass weekends or other designated days off. However, there are specific considerations for shift workers whose schedules might involve working weekends.

• Derogations for Shift Work: In some industries with continuous shift work operations, exemptions from the standard 44-hour rest period can be granted.
• Maximum Sunday Work: Even with exemptions, shift workers working the night of Saturday to Sunday cannot be scheduled to work beyond 6:00 a.m. on Sunday morning. This ensures they receive a minimum uninterrupted rest period until 6:00 a.m. on Monday.
• Post-Weekend Rest: Following weekend work exceeding 4 hours, employees are entitled to a minimum of one day's rest. If the weekend work duration is less than 4 hours, they are entitled to a half-day of rest.