Working on public holidays

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In Luxembourg, salaried workers are entitled to 11 public holidays per annum.

In principle, salaried workers do not work on a public holiday. If they do, their salary for that day depends on the:

  • the day of the week (normal weekday or a Sunday);
  • the worker's normal work schedule: whether or not they should normally have worked that day.

If a public holiday falls on a day where the salaried worker is normally not working, the employer must grant a compensatory day of leave to the salaried worker.

Compensatory leave days must be granted:

  • in principle, within 3 months of the day after the public holiday concerned; or
  • if the company's operations do not allow this:
    • before the end of the year in question; or
    • until March of the following year for public holidays in November and December.

The employer may, after having consulted with the staff representatives, grant a compensatory day of leave on a predefined date to all staff.

If the business situation requires that the salaried worker has to work on a public holiday, the employer must pay a salary premium.

Who is concerned

All salaried workers and apprentices in an employment relationship with a private sector company.

Adolescents (aged 15 to 18) benefit from specific protection.

Prerequisites

To be able to ask employees to work on a public holiday, the company must have special conditions that make it impossible to leave the day off.

How to proceed

Public holidays

  • New Year's Day (1 January);
  • Easter Monday;
  • 1 May (Labour Day);
  • Europe Day;
  • Ascension Day;
  • Whit Monday;
  • 23 June (National Holiday - celebration of the Grand Duke's birthday);
  • Assumption (15 August);
  • All Saints' Day (1 November);
  • Christmas Day (25 December);
  • Boxing Day (26 December);

The employer may replace these official public holidays by other local or business holidays as long as they grant their salaried workers the 11 public holidays they are entitled to.

Additional holidays can sometimes be granted to the salaried workers, namely by means of collective agreements. For example, in the banking sector, Good Friday and the afternoon of Christmas Eve are statutory bank holidays.

Public holiday compensation

Public holiday falling on a working day normally worked

Public holiday not worked

If a public holiday falls on a normal working day on which the employee would normally have worked, the employee is entitled to the following:

  • if the employee would normally have worked more than 4 hours on that day: a paid day of rest, to be taken on the same day. The remuneration corresponds to the number of hours the employee should have worked on that day;
  • if the employee would normally have worked 4 hours or less on that day: half a day of compensatory leave in addition to the remuneration corresponding to the number of hours the employee should have worked on that day.

If 2 statutory public holidays fall on the same day, the employee is entitled, if they should have worked on that day:

  • more than 4 hours:
    • pay for the hours they should have worked that day; and
    • a day of compensatory leave for the 2nd statutory holiday;
  • 4 hours or less:
    • pay for the hours they should have worked that day;
    • a compensatory half day of leave; and
    • half a day of compensatory leave for the 2nd statutory holiday.
Working on a public holiday

If employees work on a public holiday that falls on a working day that is normally worked, they are entitled to a total of 300 % pay, i.e.:

  • salary for hours normally worked on that day;
  • the hourly wage for hours actually worked; and
  • a 100 % premium for each hour worked.

If 2 statutory public holidays fall on the same working day on which the employee must work, the employee is entitled to an additional day of compensatory leave for the 2nd statutory public holiday.

The average hourly pay is obtained by dividing the monthly salary by 173.

Example 1: salaried worker paid on a monthly basis

A salaried worker usually works 40 hours a week, from Monday to Friday, for a monthly salary of EUR 3,500.00 (i.e., an average hourly compensation of 3,500/173 = EUR 20.23).

The salaried worker is asked to work 4 hours on Friday 15 August (public holiday - Assumption). Their salary for August therefore amounts to:

  • their normal monthly salary: EUR 3,500.00
  • remuneration for hours worked on the public holiday: 4 x 20.23 = EUR 80.92
  • 100 % increase for hours actually worked on the public holiday: EUR 80.92
  • i.e. a total salary of EUR 3,661.84.

Example 2: salaried worker paid by the hour

A salaried worker usually works 6 hours every Friday for an hourly pay of EUR 25.

The salaried worker is asked to work 4 hours on Friday 15 August (public holiday). That year, August included 4 Fridays. Their salary for August therefore amounts to:

  • their normal hourly wage: 6 x 4 x 25 = EUR 600
  • remuneration for hours worked on the public holiday: 4 x 25 = EUR 100
  • 100 % increase for hours actually worked that day: EUR 100
  • i.e. a total salary of EUR 800.

Public holiday falling on a working day not normally worked

Public holiday not worked

If a public holiday falls on a working day on which the employee does normally not work, the employee is entitled to a day of compensatory leave.

Example: a salaried worker who does normally not work on Mondays will be entitled to an additional day of leave on Whit Monday.

If 2 statutory public holidays fall on the same working day on which the employee does normally not work, the employee is entitled to 2 days of compensatory leave, which must be granted within 3 months of the day after the public holiday concerned.

Working on a public holiday

If an employee must work on a public holiday falling on a day that is usually their day off, they are entitled to:

  • the average hourly wage for hours actually worked;
  • 100 % extra pay for these hours; and
  • a compensatory day of leave.

If 2 statutory public holidays fall on the same working day, the employee is entitled to an additional day of compensatory leave for the 2nd statutory holiday.

If the hours worked on that day are overtime hours, the employee is also entitled to:

  • a 40 % salary premium; or
  • compensatory leave at a rate of 1.5 hours of leave per overtime hour worked.

Public holiday falling on a Sunday

Public holiday not worked

If a public holiday not worked falls on a Sunday, the employee is entitled to one day of compensatory leave.

Working on a public holiday

If an employee works on a Sunday that is a public holiday, they are entitled to:

  • the average hourly wage for hours actually worked;
  • a 100 % premium for each hour worked on a public holiday;
  • a 70 % premium for these hours worked on a Sunday; and
  • a compensatory day of leave.

If the hours worked on that day are overtime hours, the employee is also entitled to:

  • a 40 % salary premium; or
  • compensatory leave at a rate of 1.5 hours of leave per overtime hour worked.

Public holiday falling during illness or maternity leave

If a public holiday falls on a day where the salaried worker is on sick leave or maternity leave, the same rules apply:

  • day normally worked: financial compensation included in maternity/sick leave benefits;
  • day not normally worked: a day of compensatory leave to be taken within 3 months of the day following the public holiday concerned. Otherwise, it is lost.

During full-time parental leave, the employment contract is put on hold. The salaried worker is therefore not entitled to compensation for public holidays during that period.

Businesses subject to seasonal variations

If an employee working for a business which is subject to seasonal trade (the hotel trade, restaurants, drinking establishments and all businesses whose activity is subject to seasonal variations) works on a public holiday, they are entitled to:

  • on the one hand:
    • their usual remuneration, if the salaried worker would normally have worked that day; or
    • a day of compensatory leave if they would normally not have worked that day;
  • on the other hand:
    • either 2 paid days of rest to be taken within 6 months; or
    • 2 days of paid leave that will be added to their ordinary leave (annual leave); or
    • half a day of paid rest per week throughout the year in addition to the weekly rest period if all public holidays are worked.

Example: for an employment contract with a working week of 40 hours and 11 public holidays on which the employee also works, the employee will only work 36 hours per week, for a salary of 40 hours.

Leave Register

All employers must record, in a special register or file:

  • the hours worked on statutory public holidays;
  • the remuneration paid to employees/apprentices for these days.

This register is to be presented during any inspection by the Inspectorate of Labour and Mines.

Tax

Extra pay for work performed on public holidays is exempt from income tax.

Time savings account

At the employee's written request, compensatory time off can be paid into the company's time savings account, if one exists.

Exclusion of pay from a public holiday worked

A salaried worker/apprentice cannot claim pay for work on a public holiday if:

  • they did not work the day before or the day after the public holiday through their own fault;
  • they have been absent without justification for more than 3 days in the 25 working days preceding the public holiday, even if there were valid reasons for the absence.

Protection of adolescents

Work on public holidays and Sundays

Adolescents must not work on Sundays or public holidays, except:

  • for reasons of force majeure; or
  • if the existence or safety of the company so requires:
    • to avoid a major disruption in the normal business operations of the company;
    • when the use of adult workers is not possible.

In this case, the employer must notify the work on a public holiday to the Inspectorate of Labour and Mines.

Extended authorisation for Sunday work and work on public holidays

Employers may apply to the Minister responsible for labour for an extended authorisation to work on Sundays and public holidays for adolescents (apprentices) in the following businesses:

  • hotels, restaurants, cafés, dining/drinking establishments;
  • clinics, healthcare and day-care establishments for elderly and/or dependent persons;
  • children's homes and centres involved in the education and care of children.

The period of validity of the authorisation is specified in the document sent to the employer.

In this case, the adolescent may only work on one Sunday out of 2, with the exception of July and August in the hotel and restaurant sector.

Remuneration and compensatory rest

Where the employer has been granted an authorisation to work on a public holiday, the employer must grant the adolescent for every public holiday worked:

  • pay for the hours they would have had to work had it not been a public holiday;
  • the remuneration for the hours actually worked;
  • 100 % extra pay for each hour worked; and
  • a day of compensatory rest within 12 days of the public holiday worked.

Who to contact

Inspectorate of Labour and Mines

  • Inspectorate of Labour and Mines (ITM)

    Address:
    3, rue des Primeurs L-2361 Strassen Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Email address:
    contact@itm.etat.lu
    Website:
    http://www.itm.lu/home.html
    Closed ⋅ Opens Monday at 8.30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 12.00 , 13.30 to 16.30
    Tuesday:
    8.30 to 12.00 , 13.30 to 16.30
    Wednesday:
    8.30 to 12.00 , 13.30 to 16.30
    Thursday:
    8.30 to 12.00 , 13.30 to 16.30
    Friday:
    8.30 to 12.00 , 13.30 to 16.30

  • Inspectorate of Labour and Mines (ITM) Regional Office Diekirch

    Address:
    2, rue Clairefontaine L-9220 Diekirch Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/diekirch.html
    Closed ⋅ Opens Monday à 8h30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8h30 à 11h30, 14h00 à 17h00
    Tuesday:
    8h30 à 11h30, 14h00 à 17h00
    Wednesday:
    Closed
    Thursday:
    8h30 à 11h30, 14h00 à 17h00
    Friday:
    8h30 à 11h30, 14h00 à 17h00

  • Inspectorate of Labour and Mines (ITM) Regional Office Esch-sur-Alzette

    Address:
    1, boulevard de la Porte de France L-4360 Esch-sur-Alzette Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/esch-alzette.html
    Closed ⋅ Opens Monday à 8h30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8h30 à 11h30, 14h00 à 17h00
    Tuesday:
    8h30 à 11h30, 14h00 à 17h00
    Wednesday:
    8h30 à 11h30, 14h00 à 17h00
    Thursday:
    8h30 à 11h30, 14h00 à 17h00
    Friday:
    8h30 à 11h30, 14h00 à 17h00

  • Inspectorate of Labour and Mines (ITM) Regional Office Strassen

    Address:
    3, rue des Primeurs L-2361 Strassen Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/strassen.html
    Closed ⋅ Opens Monday à 8h30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8h30 à 11h30, 14h00 à 17h00
    Tuesday:
    8h30 à 11h30, 14h00 à 17h00
    Wednesday:
    8h30 à 11h30, 14h00 à 17h00
    Thursday:
    8h30 à 11h30, 14h00 à 17h00
    Friday:
    8h30 à 11h30, 14h00 à 17h00

  • Inspectorate of Labour and Mines (ITM) Regional Office Wiltz

    Address:
    20, route de Winseler L-9577 Wiltz Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/wiltz.html
    Closed ⋅ Opens Wednesday à 8h30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    Closed
    Tuesday:
    Closed
    Wednesday:
    8h30 à 11h30, 14h00 à 17h00
    Thursday:
    Closed
    Friday:
    Closed

2 of 5 bodies shown

Ministry of Labour, Employment and the Social and Solidarity Economy

Related procedures and links

Procedures

Links

Further information

FAQ - Jours fériés légaux

sur le site de l'Inspection du travail et des mines (ITM)

Legal references

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