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.
Carry out your procedure:
With an online service
- Modification de la durée du temps de travail
By downloading a form
- Notification / demande / déclaration d'heures supplémentaires ou de travail du dimanche
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.
Adolescents (from 15 to 18 years of age) benefit from special protection against Sunday work.
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 undetakings;
- 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.
Urgent work allows for Sunday work for the employees in the business concerned as well as for the employees of the business carrying out the repair works.
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.
Retail businesses must also ensure they comply with the compulsory closing hours.
Salary premiums must be added together when:
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.
It must be noted that the business manager is under the obligation to post a copy of the list of workers assigned to Sunday work at all the main entrances of the working place(s).
The list contains:
- the date(s) of Sunday work;
- the working times;
- the number of staff concerned;
- the nature of their work.
The law provides for Sunday work in specific cases and only on a temporary basis. Employers who temporarily resort to Sunday work must first request the staff delegation's opinion and communicate a copy thereof to the ITM.
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
If one or more trade unions oppose the agreement, the minister can grant a derogation after having consulted with the company staff. This consultation is in the form of a secret ballot under the supervision of the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM).
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 (Inspection du Travail et des 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 platform.
In the event of urgent work, the staff delegation and the ITM must be informed immediately when the emergency occurs.
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
- his/her standard hourly pay;
- and a 70 % premium for each hour worked;
- 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.
Remuneration for the hours actually worked
+ 70 % premium for the hours worked on a Sunday
1 day of compensatory rest
+ 70 % payment for the hours worked on a Sunday
|1 day + 70 %|
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.
In the catering, agriculture and viticulture sectors, employees who work at least on 20 Sundays per year are entitled to 2 extra days of paid leave (in addition to the compensatory rest period), which will be added to the employee's annual leave.
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 institutes 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 does not apply in July and August.
Each time an adolescent works on a Sunday, the employer must grant him/her:
- 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.
Remuneration for the hours actually worked
+ 100 % premium for the hours worked on a public holiday
+ 1 day of compensatory rest
1 paid day + 200 %