The “right to disconnect”, or the ability of workers to disconnect from work-related communications and activities outside their normal working hours, has become a pressing issue following the COVID-19 pandemic and the widespread shift to remote and flexible working. While some workers may appreciate the increased autonomy and flexibility that remote working offers, others may face challenges in maintaining a healthy work-life balance, managing expectations and boundaries, and avoiding burnout and stress.
There are various approaches to the right to disconnect across jurisdictions. For example, while some jurisdictions rely on codes of practice, others address the right to disconnect via legislation, or restrict the right to teleworkers/remote workers only.
With different jurisdictions adopting or considering various legal and policy responses to address the right to disconnect, the below provides an overview of the current position in Luxembourg.
This Q&A is part of a series providing an overview of the current position and developments in 15 countries, highlighting the main challenges, opportunities, and best practices for employers and employees. This series includes contributions from Mayer Brown’s Employment & Benefits team and local counsel.
1. Is there a right to disconnect in your jurisdiction and, if so, when did it come into force?
The right to disconnect was introduced in Luxembourg by a law dated 28 June 2023, amending the Luxembourg Labour Code with a view to introducing a system relating to the right to disconnect (the "2023 Law").
2. Is the right governed by legislation, a code of practice or both?
The right to disconnect is governed by the 2023 Law, more specifically by two legal provisions it added to the Luxembourg Labour Code: Articles L. 312-9 and L. 312-10.
3. Do all employees have a right to disconnect?
All employees using digital tools for professional purposes have the right to disconnect.
In accordance with the aforementioned legal provisions of the Luxembourg Labour Code, all employees have a right to disconnect. Notably, there is no distinction between senior executives and “ordinary” employees as concerns the right to disconnect.
4. Are all employers obliged to provide the right to disconnect?
Complying with the right to disconnect as provided for by the Luxembourg Labour Code is only mandatory for companies which employ employees who use digital tools for professional purposes. The obligation does not vary depending on the size of the employer.
5. What are the obligations on the employer?
All companies with employees using digital tools for professional purposes have the obligation to set up a specific scheme defining the terms and conditions guaranteeing the right to disconnect outside working hours.
Such scheme is established either by:
- A collective bargaining agreement (“Convention collective de travail”) if applicable; or
- A subordinate agreement.
In the absence of the above instruments being applicable to the company, the scheme pertaining to the right to disconnect must be defined at the company level. In such a case, and before introducing or modifying the scheme pertaining to the right to disconnect, the company is obliged to inform and consult its staff delegation (if the company employs between 15 and 149 employees), or to obtain the agreement of its staff delegation (if the company employs more than 150 employees).
6. What happens if an employer fails to comply with its obligations?
A company which fails to set up a specific scheme defining the terms and conditions guaranteeing the right to disconnect outside working hours risks a fine ranging from EUR 251 to EUR 25,000, pursuant to Article L. 312-10 of the Luxembourg Labour Code.
However, pursuant to the 2023 Law, Article L. 312-10 of the Luxembourg Labour Code will enter into force only on 28 June 2026. Therefore, companies still have some time to ensure compliance.
7. Have there been any reported cases on the right to disconnect?
Considering that companies have until 28 June 2026 to comply with the 2023 Law (cf. question 6), there have not been any reported cases on the right to disconnect in Luxembourg as of February 2025.
8. What are the benefits and challenges of the right to disconnect in practice?
The introduction of the right to disconnect in Luxembourg law is an improvement of the condition of all employees, including senior executives, as it aims to better regulate their work-life balance.
The main challenge is how to set up and guarantee the right to disconnect in practice. Regarding this, different possibilities can already be envisioned, such as awareness-raising sessions for employees to remind them of the importance of disconnection, or the possibility for the employer to block access to the company’s server after a certain hour, or to ask employees to leave their IT tools on the company’s premises outside working hours.
A challenge also arises concerning the situation of senior executives who do not count their overtime and for whom the notion of working hours (and hence the right to disconnect outside working hours) is less clear-cut.
9. Has the right to disconnect had a significant impact on the workplace since it came into force?
No, not as yet. The right to disconnect has already been implemented in some collective bargaining agreements; for example, for insurance employees and bank employees. These two collective bargaining agreements simply restate the new provisions of the Luxembourg Labour Code added by the 2023 Law.
It is likely we will see more impact once the sanctions come into force in 2026.
10. Are there any changes on the horizon relating to the right to disconnect in your jurisdiction?
Since the deadline for compliance before the sanctions come into force is fast approaching, we anticipate that companies will make a concerted effort to take the necessary steps in good time.
This summary was produced in co-operation with a law firm in Luxembourg.
