[co-authors: Nina Thiery, Ariane Claverie]*
Employers in Luxembourg must now consult with their employees and trade unions to set up systems to protect employees’ rights to disconnect.
A new law has been passed in Luxembourg, which requires employers to put systems in place to ensure the rights of their employees to disconnect outside of working hours. Sanctions will apply for non-compliance, though not for an initial period of three years.
What do employers need to do?
Companies in which employees use digital devices for their work must set up a system for the company or sector in question to make sure that the right to disconnect outside working hours is respected.
What kind of system?
This system must be adapted to the specific situation and the features and issues of the company or sector in question, and must cover, where applicable:
- Practical arrangements and technical measures for disconnecting from digital devices
- Awareness-raising and training
- Compensation arrangements covering one-off departures from the right to disconnect
Implementation
Systems may be defined by way of a collective bargaining agreement or a subordinate agreement. If there is no collective bargaining agreement or subordinate agreement, the system must be established at company level, within the remit of the staff representative group, if there is one.
For companies with up to 150 employees, the staff representative committee must be informed and consulted on the introduction of the system, as well as any changes to it. For companies with 150 or more employees, the system can only be introduced and modified by mutual agreement between the employer and the staff representative group.
Compulsory social dialogue
Systems to ensure that the right to disconnect outside working hours is respected have been added to the list of matters covered by compulsory collective negotiations, the results of which are recorded in collective bargaining agreements or subordinated agreements.
Sanctions
If an employer whose employees use digital devices for their work does not implement a system, they are liable to an administrative fine of between EUR 251 and EUR 25,000, which can be imposed by the director Labour and Mining Inspectorate. The amount of the fine will depend on the circumstances and gravity of the breach, as well as the conduct of the employer subsequent to the establishment of the breach. However, this measure will only come into force three years after the publication of the new law in the Official Journal.
*CASTEGNARO
