Luxembourg has joined two dozen countries which gives employees the ‘right to disconnect.’
The “right to disconnect” empowers employees to ignore work communications—such as emails, calls, and texts —outside of their official working hours without facing retaliation.
There are at least 25 countries worldwide have enshrined this legal right, with the strongest laws in Australia and EU members, Belgium, France, Italy, Portugal and Spain.
Luxembourg passed a law in June 2023 under which employers have to guarantee the employees’ right to disconnect, ensuring that employees are not contacted outside their working hours.
Starting July, the Labor Administration (“Inspection du travail et des mines – ITM”) will be authorized to carry out inspections with employers.
What is the right to disconnect?
The right to disconnect allows employees not to be contacted outside their working hours (evenings, weekends, holidays), in particular via professional digital tools (emails, telephone, messaging).
It aims to:
- ensure rest periods,
- preserve work-life balance,
- prevent risks related to hyperconnectivity (stress, burnout).
What must the employer do?
The employer must implement a specific internal framework whenever employees use professional digital tools in the course of their work.
This framework must include:
- technical measures and practical arrangements for disconnecting from digital tools
- awareness-raising and training actions for employees,
- compensation arrangements in the event of exceptional occasions (on-call duties, emergencies).
It must be:
- defined by a collective bargaining agreement or agreement,
- or, implemented at company level, involving the staff delegation where applicable
What are the sanctions?
As of 4 July, employers who have not implemented a right-to-disconnect framework may be subject to fines. However, these will not be imposed automatically: the ITM will first prioritize information, dialogue, and support for compliance, with penalties applied only as a last resort.
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