Since 1 July 2026, employers that have put no measures in place to guarantee the right to disconnect face an administrative fine of up to 25,000 euros.
Outside working hours, an employee is not at their employer's disposal and is therefore not required to respond to professional emails, calls or other requests during rest periods or leave.
Each company can define the measures best suited to its organisation, such as blocking email servers, delaying the sending of emails or setting specific rules for emergencies.
The right to disconnect is no longer just a matter of good practice. Since 1 July 2026, employers that have put no measures in place to guarantee it face an administrative fine of between 251 and 25,000 euros.
For Nathalie Moschetti, senior advisor at the Chamber of Employees (Chambre des salariés), this development does not create a new right. "The right to disconnect is the practical application of the rules on working time," she says. In other words, rest periods already existed. The 2023 law simply reminded employers that they must now protect them in concrete terms.
The principle is already well established in Luxembourg law. Nathalie Moschetti points out that in 2019, the Court of Appeal recognised the right to disconnect for an employee who had been dismissed for not responding to his employer during his leave.
"During rest time, the employee is no longer at the employer's disposal." This follows the logic of the working time regulations, which provide for 11 consecutive hours of rest between two working days.
"When working remotely, the same rules apply as at the usual workplace."
The growth of remote working has blurred the boundaries between professional and private life. Even so, the legal framework has not changed. "The same rules apply as at the usual workplace," stresses Nathalie Moschetti. Companies may also have tools that record working time or connection hours.
However, the question of habits remains at the heart of the debate. Voluntarily answering an email on the train or on a Sunday evening is not prohibited. "It is a personal choice. What matters legally is that the employer does not contact the employee outside their working time."
"Managers must lead by example."
Blocking email servers in the evening, scheduling delayed email sending, displaying an alert when an employee logs in outside working hours... There are many possible solutions.
The law leaves each company free to define its own system. Nathalie Moschetti nevertheless recommends a specific set of rules dedicated to the right to disconnect. It is easier to update and makes it possible to specify the rules applicable to all employees, including senior executives. Any exceptions and awareness-raising measures can also be included.
Before setting these rules, she advises looking at the company's practices. An internal survey or an analysis of out-of-hours connections can reveal which departments are most exposed. "Managers must lead by example," she insists. The right to disconnect is also a matter of company culture.
The law does not prohibit all contact outside normal working hours. A cyberattack or an exceptional situation may require certain employees to be mobilised immediately. However, these cases must be anticipated in the company's internal rules, with compensation provided where necessary. This could take the form of a bonus, for example.
Apart from these exceptions, the principle remains clear. "No sanction may be taken against an employee who does not respond to a request during their rest time."
The same logic applies in the case of sick leave. The employee is not required to respond. "It is up to the employer to organise the continuity of activity," Nathalie Moschetti reminds us, in particular by providing backup within teams, such as forming pairs to take over files.
The entry into force of the sanctions should speed up companies' compliance. It remains to be seen how this right will be applied in day-to-day practice. Initial feedback from the field and future litigation will no doubt clarify certain situations.
One thing is already clear: in Luxembourg, the right to disconnect no longer rests solely on common sense. It is becoming a genuine matter of work organisation, where the exemplary behaviour of managers matters as much as the digital tools put in place.
What is the right to disconnect in Luxembourg?
It guarantees employees the right not to respond to their employer's requests outside their working time. It stems from the rules on working time, in particular the 11 consecutive hours of rest between two working days.
What penalty do employers face if they fail to comply with this obligation?
Since 1 July 2026, employers that have put no measures in place face an administrative fine of 251 to 25,000 euros. Each company remains free to choose the system best suited to its organisation.
Can an employer contact an employee outside their working hours?
Yes, but only in emergency situations, such as a cyberattack, provided that these cases are covered by internal rules, with compensation where necessary. Outside these exceptions, no sanction may be taken against an employee who does not respond.
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