Night work
Last update
Night work (between 22.00 and 6.00) is not prohibited, nor subject to authorisation.
However, the employer must ensure that the normal working time for night workers does not exceed 8 hours on average per 24-hour period calculated over a 7-day period.
Who is concerned
The following workers are considered as night workers:
- those who work at night for at least 3 hours of their daily working time;
- or those who work partly at night in accordance with an agreement (concluded between social partners at a national or sectoral level) or a collective agreement and for more than 25 % of their annual working time.
The definition of and payment for night work may vary for certain types of workers, in particular:
- employees, apprentices and trainees in the hotel/restaurant business;
- 'mobile' employees (road transport);
- adolescents.
Pregnant or breastfeeding women may be exempted from night work.
How to proceed
Schedule and remuneration
Night schedule
Night work is all work carried out between:
- 22.00 and 06.00 in the morning for all sectors excluding hotel/restaurant;
- 23.00 and 06.00 for hotel/restaurant.
Duration of night work
Employees working at night may not work more than 8 hours on average per 24-hour period calculated over a 7-day period.
Night workers carrying out hazardous jobs cannot, under any circumstances, work more than 8 hours for every 24-hour period.
'Mobile' workers (road transport) who work at night must not work more than 10 hours during each 24-hour period, except if:
- the night work does not exceed 2 hours, twice per week;
- if there is a two-man crew.
Payment for night work
The employer only has to make additional payments for night work:
- if a collective agreement is in place;
- or in the HORECA (hotel, restaurant and café) sector.
Additional payments for each hour worked at night are:
- 15 % minimum for all sectors if a collective agreement is in place in the business (the exact rate of the increase is thereby set by this agreement);
- 25 % from 01.00 in the morning in the hotel/restaurant sector (either in compensatory leave or in cash).
Additional payment for night work is exempt from taxes.
Night work register
The employer must record in a special register or specific file:
- all the hours worked at night;
- payments made to this effect.
This register or file must be presented during inspections by the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) if any.
Protecting the health of night workers
An employer who employs night workers must ensure they attend regular medical checks, in accordance with the statutory requirements for these positions.
When an employee suffers from a recognised health problem which is linked to his night work, the employer must transfer him to a daytime job if possible.
Pregnant or breastfeeding women may be exempted from night work.
Night work for adolescents
Ban on night work for adolescents
Adolescents may not work during the night, i.e. for a period of 12 consecutive hours including the compulsory interval between 20.00 and 06.00 in the morning.
Examples:
- an adolescent who finishes work at 20.00 can start work again at 08.00 on the following day, at the earliest;
- an adolescent who finishes work at 17.00 can start work again at 06.00 on the following day, at the earliest.
For businesses and services operating continuously, adolescents are authorised to work until 22.00.
Exemption regarding night work for adolescents in professional training
An employer can request an exemption for night work for adolescents in professional training, namely in the following sectors:
- healthcare;
- socio-educational sectors;
- hotel/restaurant in the context of an apprenticeship (authorisation possible until 22.00 maximum);
- armed forces;
- cake shops and bakeries.
The employer must submit the request on paper to the Ministry of Labour, stating the name of the adult who is responsible for overseeing the young employee.
If authorisation is granted, the ministerial approval sets the duration and deadline of the compensatory leave granted (within 12 days maximum).
This authorisation must not affect:
- the health and safety of young workers;
- their attendance at school.
In any case, adolescents are not permitted to work between 0.00 and 4.00.
Furthermore, the employer must arrange for the young employees:
- a medical check before starting night work;
- regular checks after that.
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 at 13.30
- Thursday:
- 8.30 to 12.00 , 13.30 to 16.30
- Friday:
- 8.30 to 12.00 , 13.30 to 16.30
- 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
-
Inspectorate of Labour and Mines (ITM) Regional Office Diekirch
- Address:
-
2, rue Clairefontaine
L-9220
Diekirch
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens à 14h00
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8h30 à 11h30, 14h00 à 17h00
- Tuesday:
- 8h30 à 11h30, 14h00 à 17h00
- Wednesday:
- Closed
-
Inspectorate of Labour and Mines (ITM) Regional Office Esch-sur-Alzette
- Address:
-
1, boulevard de la Porte de France
L-4360
Esch-sur-Alzette
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens à 14h00
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
- 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
-
Inspectorate of Labour and Mines (ITM) Regional Office Strassen
- Address:
-
3, rue des Primeurs
L-2361
Strassen
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens à 14h00
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
- 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
-
Inspectorate of Labour and Mines (ITM) Regional Office Wiltz
- Address:
-
20, route de Winseler
L-9577
Wiltz
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens Wednesday à 8h30
- Thursday:
- Closed
- Friday:
- Closed
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- Closed
- Tuesday:
- Closed
- Wednesday:
- 8h30 à 11h30, 14h00 à 17h00
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Related procedures and links
Procedures
Links
Further information
sur le site de l’Inspection du travail et des mines (ITM)
Legal references
- Code du travail, Livre II, Titre I, Chapitre I
- Code du travail, Livre II, Titre I, Chapitre II
- Code du travail, Livre II, Titre III, Chapitre I
- Code du travail, Livre III, Titre III, Chapitre III
- Code du travail, Livre III, Titre IV, Chapitre IV
-
Règlement grand-ducal du 1er décembre 2006
portant déclaration d'obligation générale de la convention collective de travail
-
Règlement grand-ducal du 24 novembre 2008
portant dérogation à l'article L. 214-6 du Code du travail relatif au travail de nuit
