In principle, Sunday work (from midnight to midnight) is prohibited for all employees and apprentices.

However, it is authorised for certain categories of employees, in certain sectors of activity and for certain specific tasks which cannot be carried out during the week.

In this case, the Inspectorate of Labour and Mines (Inspection du Travail et des Mines - ITM) must be notified.

Sunday work is subject to a compensatory rest period and specific remuneration.

Certain businesses may also request a derogation from the ban on Sunday work from the Ministry of Labour, Employment and the Social and Solidarity Economy.

Who is concerned

Categories of workers eligible to work on Sundays

The following can work on Sundays:

• members of the employer's family in establishments where only his ascendants, descendants, brothers and sisters or relatives of the same degree work;
• travelling salesmen and sales representatives, as they work outside of the company;
• persons with an effective management role and senior managers whose presence is vital in order to oversee and manage the business properly.

Sectors of activity where Sunday work is allowed

The following can operate on Sundays:

• businesses in the sales sector, as long as the working times on Sundays do not exceed 4 hours;
• hotels, restaurants, canteens and drinking establishments or any other establishment serving beverages;
• pharmacies, drugstores and medical and surgical equipment stores;
• fairground undertakings;
• agriculture and viticulture undertakings;
• public entertainment establishments;
• businesses whose activities are related to the distribution of energy, electricity or water;
• transport companies;
• businesses whose activity is related to health care or education;
• domestic staff;
• businesses who use water as their sole source of energy;
• seasonal businesses;
• businesses whose activities have to be carried out on Sundays in order to meet public needs;
• businesses whose activity is deemed to be of public interest.

Types of work which are authorised on Sundays

Sunday work is authorised for:

• surveillance of business premises;
• work which is necessary for the continuous operation of a business (cleaning, repair and preservation tasks) or in order to enable work to resume on Mondays (other than production);
• work required to prevent the deterioration of raw materials or products (on condition that it cannot be carried out on another day of the week);
• urgent work which must be carried out immediately in order to:
  • organise rescue measures;
  • avoid imminent accidents;
  • or repair damages to equipment, installations or buildings.

Businesses who may be granted a derogation

The following business can benefit from a derogation:

• sales establishments in certain specific locations;
• companies operating 24/7;
• businesses in the process of being set up.

Prerequisites

Retail businesses must also ensure they comply with the compulsory closing hours.

Salary premiums must be added together when:

• hours worked on a Sunday are also overtime;
• hours worked on a Sunday fall on a public holiday.

In order to receive an exceptional authorisation for Sunday work, the application for authorisation has to be submitted to the Inspectorate of Labour and Mines (ITM). Business managers also have to inform the staff delegation of the work which allows for Sunday work and submit a list with the workers assigned to Sunday work, the duration of their occupation and the nature of the work carried out or to be carried out.

The list contains:

• the date(s) of Sunday work;
• the working times;
• the number of staff concerned;
• the nature of their work.

How to proceed

Derogation from Sunday work

Retail stores in certain geographic locations

In certain towns in Luxembourg, the Minister of Labour, Employment and the Social and Solidarity Economy may grant temporary or permanent derogations from the ban on Sunday work if the closure of the retail establishment on a Sunday could compromise its normal business operation because of:

• the establishment's significant turnover on Sundays, and;
• the impossibility to serve a sufficient overall number of customers on the other days of the week.

These cases must be duly justified.

Companies operating 24/7

Companies in which the work is organised by successive teams in continuous shifts may be granted a derogation from the Sunday ban on condition that they sign a company agreement with the representative trade unions at national level (who must also be represented in the staff delegation) who represent the staff concerned.

This agreement must then be approved by the Minister of Labour, Employment and the Social and Solidarity Economy. It has to be concluded in the interest of:

• a better use of the production equipment;
• and the increase in the number or the consolidation of existing jobs

Businesses in the process of being set up

In the context of starting up a business, the employer can request a derogation from the Sunday work ban to the Minister of Labour, Employment and the Social and Solidarity Economy, on condition that it is in the interest of:

• a better use of the production equipment;
• the creation of new jobs.

Notification of Sunday work

Before carrying out any work on Sundays, employers have to:

• inform the staff delegation by sending them:
  • a list of the employees working on Sundays;
  • the duration of their work;
  • and the nature of the work to be carried out;
• send a declaration of Sunday work by fax to the Inspectorate of Labour and Mines (ITM) to the following number: 247 96100 (the original must be kept in case the ITM carries out a subsequent inspection).
  The form must be signed by:
  • the staff delegation;
  • the business manager or his deputy.

The notification, application or declaration can also be submitted online via the specific procedure on the MyGuichet.lu platform.

Moreover, the employer must also post a notice at the main entrances of the business indicating:

• the list of the employees concerned by the Sunday work;
• the duration and the nature of the work to be carried out, except in the case of urgent work.

Payment for Sunday work

Each time an employee works on a Sunday, the employer must grant him
either:

• his/her standard hourly pay;
• and a 70 % premium for each hour worked;

or:

• compensatory rest;
• and the 70 % premium for each hour worked.

The salary premium is exempt from taxes, without limit, regardless of the number of hours worked by the employee.

The duration of the compensatory rest is:

• a full day if the Sunday work exceeded 4 hours;
• a half day if the Sunday work did not exceed 4 hours. In this case, on the day where compensatory rest is granted, it must be granted before or after 13.00 and the duration of work may not exceed 5 hours.

The employer must also record in a special register or dedicated file (to be presented to the Inspectorate of Labour and Mines:

• the hours worked on Sundays;
• the corresponding payments.

Protection of adolescents

Adolescents (and apprentices) cannot work on Sundays, except in the event of force majeure or if the existence or safety of the company is at stake:

• in order to avoid a major disruption of the normal business operation;
• and when the use of adult workers is not legitimately possible.

In this event, the employer must submit a declaration of Sunday work to the Inspectorate of Labour and Mines without delay and state the reasons.

Extended authorisation for Sunday work

Employers can apply to the Minister of Labour, Employment and the Social and Solidarity Economy for an extended authorisation for Sunday work concerning adolescents (and apprentices) for the following businesses:

• hotels, restaurants, cafés, tea rooms;
• clinics, health and day care establishments for older and/or dependent persons;
• children's homes and centres responsible for the education and care of children.

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

Remuneration and compensatory rest

Even if Sunday work has been authorised, adolescents must rest every second Sunday. However, in the catering and hotel sector, this limitation is not applicable in July and August.

Each time an adolescent works on a Sunday, the employer must grant them:

• the remuneration for the hours actually worked;
• a 100% premium for each hour worked;
• and a paid compensatory day of rest to be granted within 12 days.

Forms / Online services

Who to contact