Luxembourg: the government regulates telework

On 16 March, Luxembourg’s Chamber of Deputies voted in favour of a bill that regulates the implementation of telework in companies. Businesses employing more than 150 staff will need to secure a telework agreement between the employer and the staff delegation. For businesses employing fewer than 150 staff, management will now be required to inform and consult the staff delegation as regards teleworking and teleworking arrangements. In February 2021, a Grand Ducal regulation had given legal force to agreements between trade unions and employers concerning certain mandatory provisions for the signing of telework agreements. Companies must thus provide the work equipment, respect employees’ privacy, train staff if necessary, and respect equal treatment with employees who are solely working on-site. In the absence of a company agreement, an additional contractual clause must be signed between the employer and the employee. A further telework-related bill related, also tabled in September 2021 by the Labour Ministry, should also soon be voted upon. This would allow the introduction of the right to disconnect, in line with what occurs in several other European countries. “When employees use digital tools for professional purposes, a regime […] must be defined at the level of the company or sector in question concerning […] the practical arrangements and technical measures for disconnecting from digital tools, awareness-raising and training measures, and compensation arrangements in cases of extraordinary departures from the right to disconnect,” the text also provides. In case of non-compliance, fines may be imposed.