School holidays provide a good opportunity for pupils and students to discover the real working world. For a maximum of 2 months a year, they can acquire their first professional experience of paid work.
It should be noted that this is a specific contract: it is not a standard employment contract but a contract of engagement.
Who is concerned
The following are concerned by the pupil/student work contract during school holidays:
- the employer who intends to hire a student or pupil for paid employment during school holidays;
- the pupil/student who wishes to work during the school holidays in return for remuneration and who:
- is between 15 and 26 years old (the pupil/student must not have turned 27);
- is enrolled in a teaching establishment in Luxembourg or abroad;
- follows a regular full-time education programme.
Pupils/students whose enrolment in a teaching establishment has come to an end within the past 4 months are also eligible for such work.
How to proceed
Functioning of a student work contract
During the same calendar year (i.e. 1 January to 31 December), a pupil/student may be hired for a maximum duration of 2 months or 346 hours.
An employer who decides to recruit a pupil or student during the school holidays must draw up a work contract.
Students and pupils covered by this type of contract benefit from the same working conditions as the employees of the business.
Form of the work contract
The contract of employment must be drawn up:
- in writing;
- for each individual pupil/student;
- at the latest on the first day of employment of the pupil or student;
- in 3 copies, where one is given to the pupil/student and one to the employer who must send the third copy to the Inspectorate of Labour and Mines within 7 days of the beginning of the contract.
Content of the work contract
Student contracts must contain the following information:
- first and last name(s), date of birth and home address of the pupil or student (note that in the event of a subsequent change of address, the student or pupil must notify their employer);
- name and address of the employer;
- the start and end dates of the contract (this information must be in the following format: dd/mm/yyyy);
- the place of work;
- nature of the work to be carried out (which need not necessarily be in line with the pupil's/student's studies);
- daily and weekly working hours;
- salary payment procedures;
- the place where the pupil/student is staying if the employer has agreed to provide accommodation.
The minimum salary for pupils/students is set at:
|Age||Gross hourly salary||Gross monthly salary|
|18 years or older for unskilled workers (80 % of 100 % of the social minimum wage)||EUR 10.1823
|17 - 18 years old (80 % of 80 % of the social minimum wage)||EUR 8.1459
|15 - 17 years old (80 % of 75 % of the social minimum wage)||EUR 7.6368||EUR 1,321.16|
Health & Safety at work
Pupils/students hired for jobs that pose a risk to their health or safety (working at height, use of hazardous equipment, etc.) must undergo a medical check-up.
For all other positions, a medical examination is not systematic. However, the employer may as for advice (Multi-sector Occupational Health Service or Occupational Health Service for the Industry) to the general practitioner.
Furthermore, minor employees and their legal representatives must, before signing the employment contract or before their entry into service at the latest, be informed in writing of the following:
- the possible risks to which the minor may be exposed; and
- all measures taken related to their health and safety.
Pupils/students under 21 years of age must also receive, before they start work, appropriate instructions in the presence of:
- the health and safety representative;
- the designated worker in charge of protective and preventive measures against occupational risks.
Leave and legal holidays
However, pupils and students are not entitled to 26 days paid annual leave but may benefit from unpaid extraordinary leave which must be granted by the employer.
In principle, the student's/pupil's sick days are not paid. Public holidays are generally not worked and not paid.
Underage pupils/students working during school holidays are authorised to work on Sundays and/or public holidays.
The pupil/student is affiliated solely for accident insurance purposes. The employer only pays for accident insurance and does not have to cover for health and pension insurance: hence, pupils and students do not have to contribute for health insurance and old age pension either.
Remuneration and withholding tax
At the employer's request, the salary paid to pupils/students during school holidays is tax exempt, provided the hourly wage does not exceed EUR 14. In this case, the pupil/student does not have to hand in a tax form to the employer.
If the salary exceeds EUR 14 per hour, the remuneration paid is subject to withholding tax. In this case the pupil or student must provide the employer with a tax card.