Ranking fourth amongst the most congested European States[1], the Grand Duchy of Luxembourg is well-known for its traffic jams and the frustrations and delays occurred by them.

Besides the stress of the drivers and the environmental impact of the roads congestion, traffic jams also create a huge financial cost which has been estimated between 263[2] and 392[3] millions of euros per annum.

Faced with these facts and the growing digitalization process of the economy, teleworking may interest lots of employers and employees, regardless whether they are Luxembourgish or frontier workers.

Not covered by the Luxembourgish Labor Code, teleworking has been subject to a tripartite agreement signed by unions OGB-L and LCGB and the employer organization “Union des Entreprises Luxembourgeoises (UEL)”.

This agreement signed on 21 February 2006 establishes a general framework concerning teleworking, a concept which has been defined as “a particular form of organization and/or achievement of work, using information and communication technologies, so that the work, which also may have been provided in the head office of the employer, is usually provided outside of the said head office and, more precisely, from the employee’s home[4].

Teleworking implies willingness and must be chosen and decided commonly by both the employer and the employee. In other words, none of the parties of the employment contract can impose teleworking to the other[5].

Teleworking may be decided at the day of signature of the employment contract or later by an amendment of the contract. Both open-ended contract and fixed term contract may enable teleworking.

Taking into account the peculiarity of teleworking, some specific mentions shall be included into the teleworking contract in order to confer the employee a good balance between professional and private life.

For this purpose, the teleworking contract shall indicate the place where the work will be done as well as the professional availability of the employee and the professional material potentially available for teleworker. A precise description of employee’s tasks and his possible work objectives may also be relevant.

MARTIN LAW FIRM assists its clients to draft a tailor-made teleworking contract and is available to answer any of your questions on this topic.

[1] According to a study from the US company INRIX dated of 2015.

[2] According to a study from the same US company INRIX date of 2016.

[3] Estimate from the Luxembourgish Minister of interior, Mr. Étienne Schneider of 2017.

[4] Article 2 of the Convention of the 21 February 2006 concerning the legal regime of teleworking.

[5] Article 3 of the Convention of the 21 February 2006 concerning the legal regime of teleworking.