Telework rules in Luxembourg

Principle: a bilateral agreement is mandatory

Telework can be neither imposed by the employer nor unilaterally demanded by the employee. It is based on the mutual consent of both parties and must be formalised in writing:

• a clause in the initial employment contract; or
• an amendment to the employment contract, concluded at any point during the employment relationship.

The agreement may include an adaptation period allowing either party to revert to the original working arrangement.

What the written agreement must cover

To prevent disputes, the agreement should specify at minimum:

Employer obligations

Equipment, costs and safety

The employer bears the costs directly arising from telework: equipment needed for the job, connectivity costs, maintenance of provided equipment. It remains responsible for protecting the physical and mental health of the employee and for preventing occupational risks, including psychosocial risks linked to isolation or over-connectivity.

This includes:

• assessing occupational risks at the telework station;
• informing the employee about ergonomics of the home workstation;
• preventing risks of work overload or isolation.

Information and consultation of staff representatives

The introduction of telework requires the prior information and consultation of the staff delegation or the joint works committee, depending on the company's structure.

Right to disconnect

When digital tools are used for professional purposes, the employer must establish a framework guaranteeing the right to disconnect outside working hours (Art. L. 312-9).

This framework may be defined:

1. by a collective labour agreement or a subordinate agreement;
2. failing that, at company level, after information and consultation of the staff delegation.

Duration and limits: no specific legal cap

The Luxembourg Labour Code does not set any maximum quota of telework days. An employee may therefore, if both parties agree, work entirely remotely (100%).

Equal treatment of remote workers

Employees working remotely are entitled to the same rights as comparable employees working on site, in particular regarding:

• remuneration and benefits;
• performance appraisal;
• access to vocational training;
• access to information about company life and vacancies;
• career development opportunities;
• collective representation (elections, access to staff delegates);
• occupational health and safety.

The mere fact of working remotely cannot justify less favourable treatment.

Flexible work arrangements (Art. L. 236-1)

An employee may submit a request for a flexible work arrangement (including telework) if they simultaneously meet the following conditions:

• Seniority: at least six months of continuous service with the same employer;
• Personal situation: being a parent of a child under 9 years old, or providing personal care or support to a family member or member of the household for serious medical reasons.

Procedure

The employer must respond within one month of the request. In the event of refusal or postponement, the employer must give reasons by registered letter with acknowledgement of receipt.

Reversibility: plan for the return

When telework was not agreed from the outset, it is strongly recommended to include in the agreement:

• the conditions under which either party may request a return to the original on-site arrangement;
• the applicable notice period (e.g. 2 to 4 weeks);
• the situations requiring physical presence on site (strategic meetings, onboarding periods, audits, etc.).

The absence of a reversibility clause is one of the main sources of disputes when telework is introduced or withdrawn.