Night work

This page was last modified on 24-04-2014

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 and catering 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 and catering;
  • 23.00 and 06.00 for hotel and catering.

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:

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 and catering 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 and catering 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, Employment and the Social and Solidarity Economy, 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:

Who to contact

3, rue des Primeurs
L-2361 - Strassen
Postal box BP 27, L-2010
Luxembourg
Phone: (+352) 247 76100
Fax: (+352) 247 96100
Email contact@itm.etat.lu

Opening hours
from Monday to Friday from 8.30 to 12.00 and 13.30 to 16.30