Minderjährige und Jugendliche
Mindestalter für die Beschäftigung
The minimum age for employment is 15 years. A young person under 15 years of age is not allowed to work except in some cases defined in the law. A child is defined as a person who is under 15 years of age and is still subject to compulsory education however since the Act on Compulsory education sets the compulsory education age from 4-16 years, the effective minimum age for employment is 16 years.
There is a general prohibition of child labour. Employment of children in work of any kind is prohibited as well as participation, for profit or for professional purposes, in audiovisual, cultural, artistic and advertising activities and in the field of fashion. Similar prohibition is applicable to activities that are commercial in nature.
Following types of work is not considered child labour: work in technical and vocational schools; casual domestic service; and participation in some non-profit activities that are commercial in nature or within the usual business, either as a member of a sports club, cultural or artistic, either as part of associational activity.
Regarding above allowed types of work, there are certain conditions that such work should not pose any hazard or risk to the children's health; does not affect their education or training; should not be detrimental to their health or physical, psychological, mental, spiritual, moral or social development and should not involve the economic exploitation of children.
Sources: §341(1) & 342 of Labour Code 2006
Mindestalter für gefährliche Arbeit
Young workers are all those workers under the age of 18 years who have entered into an employment contract with an employer in the territory of Luxembourg.
Adolescent workers are workers who are 15-18 years old (more than 15 but less than 18 years old) who are not subject to compulsory education. An assessment of working conditions and working environment must be made before engaging adolescent workers and if such assessment reveals certain risks, measures must be taken to ensure health and safety of adolescent workers. Before signing an employment contract (or at least before work commencement), an employer has to inform an adolescent worker, in writing, about the potential risks present at the workplace and the measures taken with regard to health and safety of young workers.
Young workers should not be engaged in work that is beyond their physical and psychological capacity; work that involves exposure to toxic or carcinogenic substances; work that involves harmful exposure to radiation; poses risks of accidents which young workers, because of lack of experience, sense of security or training, cannot identify or prevent; work in extreme temperatures; and work that involves harmful exposure to physical, biological and chemical agents.
The normal working hours of adolescent workers are 8 hours a day and 40 hours a week. Overtime is generally prohibited for adolescent workers except in cases of force majeure and work necessary for the normal functioning of the enterprise. If a young worker is engaged in overtime work (or work on weekly rest days), he is paid a premium of 100% for overtime hours in addition to his/her usual salary for those hours. Young workers are allowed a consecutive rest period of two days which must include Sunday. Young workers are allowed 25 working days of paid annual leave. Young workers are prohibited to work between 20:00 and 06:00. However, for business and services operating without interruptions, adolescents are allowed to work until 22:00.
Sources: §341-344 of Labour Code 2006; Annex-3 of the Labour Code specifying work prohibited to young people due to dangers to their health
