On 11 January 2019, the Council of the Government approved a draft law on the amendment of articles L. 232-2 and L. 233-4 of the Luxembourgish Labour Code and article 28-1 of the amended Law on 16 April 1979 determining the general status of public servants (the “Draft law”). The main purpose of the Draft law will be to increase the number of statutory public holiday and statutory paid annual leave.
According to the Council of the Government, the Draft law will provide:
- New statutory public holiday. Article L. 232-2 of the Luxembourgish Labour Code sets a list of statutory public holiday which includes New Year's Day, Easter Monday, May 1, Ascension Day, Whit Monday, the day of the public celebration of the Grand Duke's birthday on June 23, the Assumption, All Saints' Day and December 25 and 26. The draft law proposes to add, as a statutory holiday, the Day of Europe, on May 9.
- Additional statutory paid annual leave. Article L. 233-4 of the Luxembourgish Labour Code foresees that the annual leave entitlements shall be of at least 25 working days per year.
The draft law proposes to increase the number of statutory paid annual leave by one additional day, bringing the number of statutory paid annual leave entitlements to 26 days per year. This provision is proposed to apply to employees in the private sector as well as public servants, but should not result in increasing the entitlements of employees covered by a collective agreement or any other contractual arrangement already providing for more than 25 days of leave on an annual basis.
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