Factsheet for case LU-2020-44/1650 – measures in Luxembourg
|Country||Luxembourg , applies nationwide|
|Time period||Temporary, 29 October 2020 – 31 December 2020|
|Type||Legislations or other statutory regulations|
Ensuring business continuity and support for essential services
– Change of work arrangements (working time, rota schemes)
|Author||Patrick Thill (LISER) and Eurofound|
|Case created||05 January 2021 (updated 09 February 2021)|
Amidst fears that the health sector would be overwhelmed because of the second wave of the COVID-19 pandemic in Luxembourg, the government introduced through a law from 29 October 2020 the temporary possibility to have employees in the health sector and in the aid and care sector work for up to to twelve hours per day and sixty hours per week, in a temporary exemption from Article L. 211-12 of the Labor Code.
By way of derogation from Article L. 211-12 of the Labor Code, the law from 29 October 2020 introduced the possibility to extend the maximum working time to up to a maximum of twelve hours per day and sixty hours per week for employees in the health sector, including in hospitals and medical analysis laboratories, in the aid and care sector as well as for staff supervising accommodation structures for minors placed under a custody measure. To be able to apply this exemption, the employer concerned had to request an authorisation from the Minister in charge of Labor, who granted it after verification of the conditions set by the law. Before requesting the extension, the employer had to ask for the opinion of the staff representation body.
No information available.
Workers in care facilities
Companies providing essential services
||Does not apply to citizens|
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Staff representatives are mainly involved in the implementation of the measure as employers have to ask them for their opinion before requesting a temporary extension of working hours from the Minister of Employment.
The main trade union confederation, the Luxembourg Independent Trade Union Confederation (OGBL, Onofhängege Gewerkschaftsbond Lëtzebuerg), took a critical view, stating in a press declaration: "The OGBL clearly warns of the consequences of such political decisions, which will increasingly lead to fatigue, burnout, illness and thus inevitably to a deterioration in quality in the fight against the corona pandemic and in care as a whole." In contrast, the Chamber of Wage Earners (CSL, Chambre des salariés) adopted all in all a supportive attitude, putting forward the requirements of the fight against the COVID-19 pandemic.
|Economic area||Sector (NACE level 2)|
|Q - Human Health And Social Work Activities||Q86 Human health activities|
|Q87 Residential care activities|
|Occupation (ISCO level 2)|
Eurofound (2021), Temporary extension of working hours in the health sector, case LU-2020-44/1650 (measures in Luxembourg), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.