Working time for young workers and pregnant women in Luxembourg

Axis 1 — Normal working hours

Daily and weekly caps

Young workers' working time may not exceed 8 hours per day and 40 hours per week (Art. L.344-7). These caps apply to all time spent on professional or equivalent activities, including:

• Time spent on education and training;
• Work-based activities as part of training (including apprenticeships);
• Activities unrelated to training performed outside school hours or time spent at the employer's premises.

Reference period arrangements over 4 weeks

By way of derogation, working time may be spread over a reference period of up to four weeks, provided that:

• A collective bargaining agreement expressly provides for it, or written authorisation is obtained from the Minister of Labour;
• The introduction of such an arrangement is exceptional and justified by objective reasons (Art. L.344-9).

Axis 2 — Overtime and night work

Overtime: prohibited as a general rule

Young workers are in principle prohibited from working overtime (Art. L.344-10). Exceptions are permitted only on a strictly exceptional basis, when all three of the following cumulative conditions are met:

• A case of force majeure or necessity linked to the safety or survival of the business;
• Serious risk of disruption to the normal operation of the business if the overtime is not worked;
• Absolute impossibility of using adult workers instead.

Where overtime is worked, the employer must notify the ITM Director without delay. The hours worked must be offset by an equivalent reduction in working time within 12 days (Art. L.344-10).

Night work: prohibition with sector derogations

Young workers may not work at night, the night period being defined as at least 12 consecutive hours including the interval between 20:00 and 06:00 (Art. L.344-15).

Written derogations may be granted by the Minister of Labour for specific sectors (hospitals, hotel and restaurant sector under apprenticeship contracts, bakeries, etc.).

Axis 3 — Restrictions during pregnancy

Overtime: automatic absolute ban

A pregnant employee may not be required to work overtime (Art. L.336-1). Overtime is understood broadly: any work performed beyond the normal daily and weekly working time limits set by the Code, statute or the parties. This prohibition is absolute and automatic — it requires no prior medical opinion.

Night work (22:00 – 06:00): right to exemption on medical advice

A pregnant employee may not be required to work between 22:00 and 06:00 where the competent occupational health physician considers this necessary for her health or safety (Art. L.333-1). This protection, extended to breastfeeding women until the child's first birthday, is not an automatic ban but a right to adaptation or priority redeployment: the decision rests with the occupational health physician, not the employer.

Antenatal examinations: paid leave of absence

A pregnant employee is entitled to paid leave of absence without loss of remuneration to attend the antenatal examinations required by law, where these must take place during working hours (Art. L.336-2).

Axis 4 — Adjustments for occupational hazards

Where an assessment reveals a risk to the health or safety of a pregnant employee, the employer must act according to a graduated hierarchy, on a formal opinion from the occupational health physician (Art. L.334-3):

1. Temporary adjustment of working conditions or hours — this is the first-resort measure.
2. Redeployment to another post with full maintenance of previous salary — if adjustment is not possible.
3. Leave of absence from work — only where redeployment is also impossible.

Axis 5 — Maternity leave

Prenatal leave: 8 weeks before the expected delivery date

A pregnant employee may not be employed during the eight weeks preceding the expected date of delivery, certified by a medical certificate (Art. L.332-1). Two adjustments apply depending on the actual delivery date:

• Delivery before the expected date: the unused portion of prenatal leave is added to postnatal leave.
• Delivery after the expected date: the prohibition on working is extended until delivery, without reducing the duration of postnatal leave.

Postnatal leave: 12 weeks after delivery

Employment of a woman who has given birth is prohibited during the twelve weeks following delivery (Art. L.332-2). This postnatal leave cannot be reduced by the prenatal leave adjustment mechanisms.

Comparative table: young workers vs pregnant women