In Luxembourg, each salaried worker is entitled to 11 public holidays per annum.

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.

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

Every salaried worker and every apprentice is entitled to public holidays.

However, the employer may request that their salaried workers work on a public holiday in return for a salary premium.

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.

Remunerating public holidays not worked

In principle, a salaried worker will not carry out any work on a public holiday. In this case, their remuneration on that day will depend on:

• the day of the week (normal weekday or a Sunday);
• the weekly work schedule of the salaried worker (would the worker have worked that day if it had not been a public holiday?).

Public holiday falling on a normal workday

If a public holiday falls on a normal workday (Monday to Saturday) where the salaried worker would normally have worked, the employer must compensate them as follows:

• a day of rest to be taken the same day, and;
• the usual remuneration corresponding to the number of hours the salaried worker would have normally worked if it had not been a public holiday;

If business operation prevents the salaried worker from taking their compensatory day of leave within 3 months, the employer must grant the day of leave before the end of the calendar year, or within the first 3 months of the following year if the public holiday was in November or December.

By default, the salaried worker is entitled to the salary corresponding to the duration of said leave.

Public holiday falling on a Sunday

If a public holiday falls on a Sunday, the salaried worker is entitled to:

• their usual remuneration;
• and a compensatory day of leave to be taken within 3 months.

Compensation for work on public holidays

If a company's specific business conditions prevent salaried workers from taking a public holiday off, the salaried workers are entitled to specific compensation, which depends on:

• the day of the week (normal weekday or a Sunday);
• the weekly work schedule of the salaried worker (would the worker have worked that day if it had not been a public holiday?).

Seasonal workers fall under a special regime.

Public holiday falling on a normal workday

If a salaried worker must work on a public holiday falling on a day where the salaried worker would normally have worked, the employer must compensate them as follows:

• their usual remuneration, i.e.:
  • either their normal monthly salary, if they are paid on a monthly basis;
  • or the hourly pay corresponding to the number of hours the salaried worker would have normally worked if they are paid by the hour;
• the average hourly pay corresponding to the number of hours actually worked, and;
• a 100 % premium for each hour worked.

Protection of adolescents

Adolescents cannot work on Sundays or on public holidays, except in the event of force majeure or if the security or existence of the company is at stake:

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

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

Extended authorisation for Sunday work and work on public holidays

Employers may request from the Minister of Labour an extended authorisation for work on Sundays and public holidays with regard to adolescents (apprentices) working in the following establishments:

• hotels, restaurants, cafés, dining/drinking establishments;
• clinics, healthcare and day-care establishments for the aged 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.

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:

• the remuneration corresponding to the number of hours the adolescent would have normally worked if it had not been a public holiday;
• the remuneration for the hours actually worked;
• a 100 % premium for each hour worked;
• a compensatory day of rest to be granted in the following 12 days.

Who to contact