The Right To Disconnect

By a law dated 28 June 2023 (the "Law"), Luxembourg has formally introduced the right to disconnect in its Labour Code, under the sections relating to employer's obligations.

Previously Luxembourg law indirectly regulated the concept of the right by requiring employers to comply with rules aimed at protecting employees, such as rules relating to working hours and health and safety. In 2019, a decision of the Luxembourg Court of Appeal recognised such right to disconnect by declaring a termination 'abusive' for dismissing an employee who did not respond or react to calls and instructions received during his holidays.

Pursuant to the Law, employers with employees who use digital tools for work must establish a system that guarantees the right to disconnect outside of working hours.