Luxembourg enacts right to disconnect [Updated]

Luxembourg has amended its Labour Code under Articles L.312-9 and L.312-10 to introduce a structured right-to-disconnect framework requiring employers to ensure implementation of measures governing disconnection from digital tools through collective bargaining, company-level agreements, or staff delegation procedures, rather than creating a standalone prescriptive right. The law came into force on 4 July 2023.

Update: While the framework has applied since 2023, the enforcement mechanism allowing the Inspection du Travail et des Mines (ITM) to impose administrative penalties has remained suspended and will only take effect on 4 July 2026, when enforcement powers become operational in practice.

Key details

The law grants employees who use digital tools the right to disconnect outside of work hours. This applies to companies with 15 or more employees and applies equally to employees working remotely or in the office.

The legislation does not impose prescriptive operational rules but requires that the right to disconnect be addressed through collective bargaining or company-level negotiation. The intention is to allow implementation to be tailored to the specific circumstances of each employer, meaning that practical arrangements may vary significantly between organizations.

Companies that are party to a collective bargaining agreement or a subordinate agreement will generally apply the provisions of that agreement and will not be required to negotiate separate internal arrangements.

Where no collective agreement applies, employers must inform and consult with their staff delegation before introducing or amending a right-to-disconnect framework. Staff delegations are mandatory in companies with 15 or more employees.

For companies employing at least 150 employees, the establishment or amendment of the framework typically requires co-decision or formal agreement with employee representatives, reflecting enhanced employee participation rights under Luxembourg’s social dialogue framework at this threshold.

The right-to-disconnect framework must not only set out general principles but must also include practical implementation measures such as awareness communications, training, technical and organizational safeguards, and rules governing exceptions where disconnection cannot be fully respected.

Penalties and enforcement

The law provides for administrative fines ranging from EUR 251 to EUR 25,000. Fines may be imposed for an employer’s failure to comply with the legislation or breach of the obligation to respect the right to disconnect arrangements.

The exact amount of any fine is determined based on the seriousness of the breach, the circumstances surrounding it, and the employer’s conduct following the finding of non-compliance.

Although the penalty framework has been in place since 2023, it will only become enforceable from 4 July 2026, when the ITM can impose administrative sanctions in practice. From that date, penalties may apply where employers fail to implement a compliant framework, do not carry out the required consultation or negotiation, or do not respect agreed arrangements.

Next Steps

Employers should review any applicable collective bargaining agreement to determine the applicable requirements under that agreement or whether sector-level provisions already govern the right to disconnect.

Where no collective agreement applies, employers must inform and consult the staff delegation before introducing or amending a right-to-disconnect framework or enter into co-decision arrangements when required based on company size.

Although the framework has been in force since 4 July 2023, employers should ensure compliance through the implementation and formalization of internal policies before enforcement begins in July 2026.