Background
While cultural leave was introduced in 1994 and then repealed in 2014, a draft law No. 7948 has been submitted to the Luxembourg Parliament (Chambre des Députés) on 13 January 2022, the purpose of which was to reintroduce cultural leave into the legal system by providing it with a modernised legal framework adapted to the current needs of the cultural scene.
At the end of the legislative procedure, the law of 6 January 2023 introducing cultural leave (the “Law”) was adopted and came into force on 1 February 2023.
Purpose of this leave
The purpose of cultural leave is to allow cultural actors to participate in high-level cultural events both within the Grand Duchy of Luxembourg and abroad or to participate in specialised training in the cultural sector organised by a body approved as a continuous professional training organisation.
Beneficiaries of leave
The following are eligible for cultural leave:
- Cultural actors within the meaning of the Law, i.e:
- creative and performing artists in the fields of visual and audio visual arts, multimedia and digital arts, performing arts, literature and publishing, music and architecture; or
- any other person involved in a film, audio visual, musical, performing arts, graphic, plastic, visual or literary arts project or production, whether at the preparation, creation, execution, distribution or promotion stage.
- Employees with the status of administrative manager in a federation, national network or association in the cultural sector, meeting the conditions of new Article L. 234-11 of the Labour Code.
- Employees appointed by national federations, networks or associations in the cultural sector to participate in high-level cultural events in Luxembourg and meeting the conditions of new Article L. 234-12 of the Labour Code.
- Self-employed persons who carry out their cultural activity as an accessory to their self-employed activity.
Conditions to benefit from cultural leave
To be eligible for cultural leave, an employee must inter alia meet the following conditions:
- be continuously affiliated to the Luxembourg social security system for at least six months prior to the date of application for cultural leave;
- demonstrate a “well-known commitment” to the Luxembourg cultural and artistic scene;
- be normally employed in a workplace located on Luxembourg territory;
- be bound by an employment contract to an employer legally established and active in the Grand Duchy of Luxembourg;
- have at least six months' seniority with the employer with whom he/she is in an employment relationship at the time of submitting the application.
Duration and reason for entitlement to cultural leave
The length of and reason for the leave vary depending on the person requesting it. For example, for cultural actors, the Law provides that they must have been invited to participate in high-level cultural events both in the Grand Duchy of Luxembourg and abroad or to participate in specialised training in the cultural sector organised by a body approved as a continuous professional training body (the eligible events being listed in the law). The duration of cultural leave in this case is limited to 12 days per year and per beneficiary.
For administrative staff of national federations and networks in the cultural sector, the annual duration of cultural leave per organisation is limited to i) five days for national federations and networks in the cultural sector whose affiliated associations or institutional members together have less than 1000 active members and ii) ten days if together they have more than 1000 active members.
Application procedure
The employer must give their opinion on the request for leave within eight working days.
Ultimately, the Minister of Culture may refuse to grant cultural leave if the absence of the employee on the leave requested is likely to have a major negative impact on the operation of the business, the proper functioning of public administration or public services, or the smooth running of the annual paid leave of other staff members.
Cultural leave scheme
The duration of cultural leave shall be treated as a period of actual work. During the period of cultural leave, all the provisions on social security and labour protection remain applicable to the beneficiaries.
Employees outside the state sector receive a compensatory allowance for each day of leave equal to the average daily wage, but not exceeding four times the minimum social wage (the “SSM”) for unskilled workers (i.e. currently EUR 2,508.24 index 921.40 on 1 April 2023).
The employer advances the compensatory allowance. Then, the State reimburses the employer for the compensation and the employer's share of the social security contributions advanced, up to a maximum of four times the SSM for unskilled workers, upon presentation of a declaration.
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