In order to protect jobs and thus prevent redundancies, the Luxembourg labour law allows businesses, under certain conditions, to resort to various short-time working (chômage partiel) schemes depending on the nature of the difficulties encountered.
The partial unemployment scheme in the event of structural economic difficulties is intended to support businesses that are experiencing difficulties of a structural nature and/or are forced to lay off staff for economic reasons but wish to qualify for short-time working benefits.
Resorting to short-time working for structural reasons falls within the set up of a job protection plan, or a recovery plan, depending on the size of the business:
During the short-time working period, the State reimburses the business 80 % of the salaries normally received by the employees during the non-work periods. Reimbursement is limited to 250 % of the social minimum wage. The business still has to pay social security contributions and salaries in respect of hours worked.
The scheme for short-time working due to structural economic problems is aimed at businesses facing structural difficulties.
The short-time working scheme due to structural economic difficulties can be applied to employees (on permanent and fixed-term contracts) whose place of work is in Luxembourg and who:
Short-time working schemes cannot be applied to apprentices, to temporary workers or workers having tendered/received their notice.
To apply for short-time work due to structural economic difficulties, the business must:
Before submitting an application for short-time working due to structural economic difficulties via MyGuichet.lu:
Short-time working applications must be submitted at the latest by the 12th day of the month preceding the requested short-time working period (for example, before 12 March 2021 for a short-time working application relating to the month of April 2021).
Applications cannot be submitted outside these dates. Short-time work benefits can never be granted retroactively.
The employer, or their representative (e.g. a fiduciary), must submit the application to benefit from the short-time working scheme electronically through their business eSpace on the MyGuichet.lu platform. The person submitting the application needs:
How to use MyGuichet.lu
There are 3 possible scenarios:
All requests made through any other communication channel will not be considered and will not be processed.
The Economic Committee assesses the application for short-time work and submits a written opinion to the Government Council (Conseil de Gouvernement) who will decide whether or not to allow short-time work.
The Economic Committee sends an information e-mail to the company informing it that the acceptance or refusal letter can be consulted in their eSpace on MyGuichet.lu.
If the application is approved, the company is authorised to resort to short-time working.
The business must nevertheless renew its application each month and inform the secretariat of the Economic Committee of any change in the situation.
It must be noted that the reduction in working hours covered by the short-time working scheme cannot exceed 1,022 hours per calendar year and per full-time employee. For persons working on a part-time basis, the limit of 1,022 hours are pro-rated.
Businesses must renew their application each month by logging back into the MyGuichet.lu assistant.
The payment of short-time working benefits is made on the basis of a statement.
During the period of short-time work, the State will reimburse the employer the compensatory benefit paid up to the amount of 80 or 90 % of the employee's normal hourly salary (provided the employee participates in continuing vocational training programmes during the hours off work).
The reimbursement is limited to 250 % of the social minimum wage for unskilled workers aged 18 or over. However, if this calculation indicates that the compensatory allowance ends up being lower than the social minimum wage for unskilled workers, the social minimum wage will be used instead.
Businesses must complete the online procedure on MyGuichet.lu so that ADEM can draw up a statement.
The declarant also has the possibility of downloading an XML list before starting the procedure on MyGuichet.lu.
In practice, for each month of short-time working, the employer or their representative receives an email/mail from ADEM inviting them to fill in the online form.
On this form, only the names and national identification numbers of the employees concerned will need to be filled in. ADEM will receive the other necessary data from the Joint Social Security Centre (CCSS).
All subsidies granted on the basis of deliberate misrepresentations will have to be repaid.
Subsidies granted on the basis of deliberate misrepresentations and as soon as there is deliberate failure to pay the compensatory allowance to one or more employees concerned or if the subsidies were used to other ends than the payment of salaries must be paid back. The beneficiary must reimburse the totality of the amounts received on the basis of all applications submitted and the benefits of short-time working will be withdrawn with immediate effect from the business concerned.
These offences are punishable by a fine of between EUR 251 and EUR 5,000.
Déclaration de la délégation du personnel certifiant avoir été informée de la demande de chômage partiel (si une délégation de personnel existe)
Déclaration d’information signée par chaque salarié concerné par le chômage partiel (s'il n'existe pas de délégation du personnel)