Increase of the legal paid leave and additional legal holiday (May 9)

The law of the 25th of April 2019 on the increase of the legal paid leave to 26 days a year and providing that the day of the 9th May will be declared a legal holiday in Luxembourg was published in the memorial on the 26th of April 2019.

The law in question led to a modification to Article L. 233-4. paragraph 1 of the Labor code which now provides that “the duration of the leave is at least twenty-six working days per year, regardless of the age of the employee“.

The new law will not automatically increase the more favourable legal or contractual provisions applicable on the date of its entry into force. Thus, the new rule is not applicable to employees who benefited before the entry into force of the law from at least 26 days of leave per year.

The law of the 25th of April 2019 also changed article L. 232-2. of the Labor code by adding the Europe Day (9 May) to the list of legal holidays in Luxembourg.

The law provides a retroactive entry into force of the modifications cited on the 1st January 2019.

Reminder: Employees are entitled for each statutory holiday falling on a working day to a salary corresponding to the payment of the number of hours of work that would normally have been provided during that day. If a legal holiday such as Europe Day (9 May) coincides with a weekday during which employees have not worked, in accordance with the stipulations of their employment contract, these people are entitled to one-day compensatory leave which must be granted within three months following the legal holiday in question.

When the special conditions of the company do not allow to take a holiday on a statutory holiday, the employee paid by hour and occupied on a statutory holiday is entitled, apart from the allowance provided for in the first sentence of the preceding paragraph, to the hourly wage actually provided, plus one hundred percent and the employee paid by the month receives, for each hour worked, his average hourly wage plus one hundred percent, without prejudice to his normal monthly salary.

You will find here the report of the Commission on Labor, Employment and Social security and the text published in the memorial.

Marc Kieffer (marc.kieffer@fedil.lu) and Philippe Heck (philippe.heck@fedil.lu) are at your disposal for further information.