Right to Disconnect in Luxembourg: Legal Framework and 2026 Deadline

In this context, companies have every interest in ensuring now that their internal framework complies with the legal requirements. Introduced by the law of 28 June 2023, the right to disconnect requires employers to establish a framework guaranteeing employees’ right to rest in an increasingly digital working environment.

The purpose of this framework is to regulate the use of professional digital tools outside working hours, at a time when remote work and instant communication are increasingly blurring the boundaries between professional and private life.

One key principle: employees should not be contacted outside working hours

The right to disconnect is based on a simple principle: employees should not be expected to respond to work-related requests outside their normal working hours.

This principle is aligned with existing rules relating to working time and rest periods, with the aim of protecting employees’ health and preventing risks linked to hyperconnectivity.

It applies to all employees using digital tools in the course of their professional activities, regardless of their role or working arrangements.

An obligation to implement an internal framework

Since the law entered into force on 4 July 2023, employers have been required to define a specific framework relating to the right to disconnect.

This framework must specify the practical measures put in place to guarantee respect for employees’ rest periods. It may notably include:

• rules governing the use of digital tools;
• awareness and training measures;
• or technical solutions adapted to the company’s organisation.

The implementation process depends on the company’s structure. The framework may be established:

• through a collective bargaining agreement;
• through an agreement with the staff delegation;
• or, failing that, through a unilateral decision by the employer following information and consultation of employee representatives.

In companies employing at least 150 employees, an agreement with the staff delegation is mandatory.

Progressive entry into force of sanctions

The law provides for a three-year transitional period to allow companies to become compliant.

The administrative sanctions provided for by the law will become applicable as from 4 July 2026.

In the event of non-compliance, the Labour and Mines Inspectorate (ITM) may impose an administrative fine ranging from EUR 251 to EUR 25,000. The amount depends on:

• the seriousness of the situation;
• the size of the company;
• and the employer’s conduct.

A framework that must be adapted to each organisation

The legal framework leaves companies with a certain degree of flexibility regarding the practical implementation of the right to disconnect.

There is no one-size-fits-all solution. Instead, companies are expected to establish rules and practices adapted to their operational reality.

This requires:

• formalised internal rules;
• management involvement;
• and clear communication towards employees.

A topic at the crossroads of law and work organisation

Beyond its legal dimension, the right to disconnect is part of a broader reflection on work organisation and the use of digital tools.

It raises questions relating to:

• management practices;
• internal communication methods;
• and companies’ ability to reconcile performance with respect for employees’ rest periods.

In an increasingly connected working environment, the right to disconnect is progressively becoming both an HR, organisational and cultural issue.

Official sources

• ITM – Right to Disconnect
• Law of 28 June 2023 relating to the right to disconnect – Legilux