Right to disconnect in Luxembourg: penalties take effect on July 4, 2026

Since 2023, the Luxembourg Labour Code provides that, where employees use digital tools for professional purposes, a right-to-disconnect regime must be established at company or sector level. Such a regime is intended, where appropriate, to define:

• practical/technical measures;
• awareness-raising and training initiatives; and
• compensation arrangements in the event of exceptional exceptions.

In all cases, the regime must ensure compliance with applicable legal and contractual provisions governing working time. Ultimately, the right to disconnect constitutes an extension of existing working time rules, particularly those relating to rest periods and leave, adapted to the digital working environment.

From a formal perspective, priority is given to collective bargaining agreements or subordinate agreements. In the absence of such arrangements, the regime must be established at company level, following consultation with the staff delegation (namely in companies employing more than 15 employees). In undertakings employing at least 150 employees, the introduction or amendment of the regime must be agreed jointly between the employer and the employee representative body.

In practice, this regime may take the form of internal procedures, a dedicated policy, or a charter.

If the employer fails to implement such a regime, they face an administrative fine of between €251 and €25,000, imposed by the director of the Inspection du Travail et des Mines (ITM). The Law provides that the amount of the fine is determined in light of the circumstances, the seriousness of the breach and the employer’s conduct following the finding, in the context of an injunction procedure.

This enforcement mechanism may, however, amount to little more than a paper tiger, insofar as the measures to be implemented must be tailored to the specific circumstances of each company or its relevant sector.

Against this backdrop, employers, particularly those whose workforce predominantly consists of senior executives, may seek to rely on their organisational constraints to circumscribe the scope and level of detail of the measures adopted.

That said, prevailing market standards and increasing competition for talent are likely to operate as a countervailing force. Considerations relating to employer attractiveness, employee retention and overall workforce well-being are expected to drive the gradual formalisation and effective implementation of right-to-disconnect regimes, even in the absence of detailed statutory requirements.

Once such a regime has been implemented, or where a company is considered to fall within the scope of the Law, the ITM will, as from 4 July 2026, be empowered to impose administrative sanctions.

Although the Law requires all in-scope employers to establish a right-to-disconnect regime, some may choose to go beyond the minimum legal requirements. This approach may be driven by considerations of employer attractiveness or the existence of group-wide policies.

An effective framework typically relies on an operational charter setting out practical measures, such as delayed email delivery, out-of-office messaging, and the adjustment of notification settings on work devices. It should also define disconnection periods tailored to different teams, provide for limited emergency procedures, and specify the conditions for compensation in the event of exceptions.

Employee Monitoring Tools

The implementation of a right-to-disconnect regime typically relies on technical measures aimed at limiting connectivity to digital tools. However, to the extent that an employer deploys monitoring tools, such measures may qualify as processing of personal data for monitoring or surveillance purposes.

Any such processing must comply with Article 6(1) of the GDPR and the specific requirements set out in Article L.261-1 of the Luxembourg Labour Code.

This gives rise to an inherent operational tension. On the one hand, Article L.261-1 of the Labour Code and the GDPR permit the monitoring of digital tools, subject to a strictly regulated framework. On the other hand, any right-to-disconnect regime must ensure, in all circumstances, compliance with applicable legal and contractual provisions governing working time.

It is therefore incumbent upon the employer to carefully reconcile these intersecting legal requirements, ensuring that monitoring measures remain compliant while effectively supporting the enforcement of working time limits and disconnection obligations.

Disconnecting, Overtime, and On-Call Duty

The right to disconnect is not merely a formality: any work performed through digital tools beyond the daily and weekly limits of normal working hours risks being considered by the ITM and the courts as overtime. Accordingly, any required or scheduled availability outside working hours (including responding to emails or handling requests via messaging platforms) must be carefully managed by employers, as it may give rise to corresponding compensation obligations.

The issue becomes even more delicate where the employer imposes structured on-call arrangements. Under settled principles, a period of on-call duty will be regarded, in its entirety, as working time where the constraints imposed objectively and significantly restrict the employee’s ability to freely dispose of their time and pursue personal activities.

In this evolving landscape, our team stands ready to assess your company’s exposure to the right to disconnect regime and to support you in achieving both legal and operational compliance.