Author: All Eyes On Me
Published on 7 months ago
Before you get started, see a few short basic reminders.
In Luxembourg, an employee who works full-time in a company is entitled to:
- 11 legal holidays over the year:
o New Year (January 1st)
o Easter Monday
o Labor Day (May 1st)
o Europe Day (9 May)
O Ascension
o Whit Monday
o National Day (23 June)
o Assumption (August 15)
o All Saints' Day (November 1)
o Christmas (December 25)
o Boxing Day (December 26)
- 1 day of compensatory leave by holiday that falls on a day when he does not work (a Saturday or Sunday for example). It must be granted within 3 months from the day after the public holiday in question.
- Of additional holidays for lucky people whose work is supervised by a collective agreement. Example: in banks, employees are asked to stay home on the Friday before Easter (Good Friday) and on the afternoon of Christmas Eve.
That's all well and good, but if you have to work on a holiday, what does the law propose to thank you for your bravery?
If this Working holiday falls on a working day, you are entitled to a total remuneration of 300%.
This means that you are receiving:
- your usual remuneration for the number of hours of work that you normally work (100%);
- remuneration for the hours actually worked on this holiday, at the normal hourly rate (+ 100%);
- an increase of 100% of the normal hourly rate for the hours actually worked that day (+ 100%).
Not only are you being asked to work on a Sunday, but is this day a holiday? You have the right to ask your employer for a medal, but you will also receive:
- remuneration for the hours worked that day at the normal hourly rate;
- a 100% increase in the hours worked;
- a 70% increase in the hours worked, because it is a Sunday;
- a compensatory day off, within 3 months following the holiday.
If, on top of that, the holiday on which you have to work falls on business day when you do not work normally. Are you still following? Example: you work normally from Tuesday to Friday, and you are asked to come and work on Whit Monday.
In this case, you are entitled to:
- the average hourly wage for the hours actually worked;
- at an increase of 100% of these hours;
- to a compensatory day off.
Out of luck last year, this scenario happened: Ascension Day and Europe Day took place on Thursday, May 9, 2024.
In this case, if you usually worked on Thursdays, you were entitled to:
- your usual remuneration for the number of hours you should have normally worked that day;
- additional remuneration for the hours actually worked, at the normal hourly rate;
- an increase of 100% of the normal hourly rate for the hours worked that day;
- a compensatory day off for the 2nd legal holiday.
If you did not normally work on Thursdays, you were entitled to the previous points 2, 3 and 4.
We reassure you, two public holidays that fall at the same time, it is extremely rare. The next time that happens will be in 2086.
No, really, there's nothing we can do for you anymore. A word of advice: don't play the lottery that day.
All kidding aside, this situation is not going to happen anytime soon.
If you are an ice cream maker, as you work in a seasonal company, specific rules apply if you work on a public holiday.
Why? Because your business is subject to seasonal variations.
We see you coming, ice cream in winter is no!
Therefore, if you work on a legal holiday, you have the right to choose:
- or two paid rest days within 6 months;
- or two paid rest days in addition to your regular leave;
- or, for all the legal holidays worked, a half-day of paid rest per week.
- Taxes : what is paid when you work on a legal holiday is exempt from income tax, that's good news!
- Time credit : if you wish, compensatory rest for working on a public holiday can be registered in your time savings account. To do so, you must submit a written request to your employer.
Happy holidays!
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