Global Compliance Desk – Luxembourg

Luxembourg: Introduction of New Cultural Leave

Luxembourg Parliament approved a new type of leave – the Cultural Leave (Bill no. 7948) on January 12, 2023. The new leave shall come into force on February 1, 2023

The purpose of the cultural leave is to allow participation in high-level cultural events or recognized events that are not part of the individual’s main professional activity, as well as offer the possibility of taking part in specialized training in the cultural field organized by an approved body. 

Eligible Employees

The following employees are considered to be eligible for the new leave – 

  • “cultural actors” within the meaning of new Article L. 234-10 of the Labour Code.
  • Employees with the status of administrative manager in a federation, national network, or association in the cultural sector.
  • Employees appointed by national federations, networks, or associations in the cultural sector to participate in high-level cultural events.

Duration of Leave

The maximum duration of cultural leave varies according to the category of beneficiary:

  • 12 days per year and per beneficiary for employees considered to be “cultural actors”.
  • 2, 3, or 4 days per year for administrative staff of an association in the cultural sector, depending on the number of active affiliated members.
  • 5 or 10 days per year for the administrative staff of a federation or a national network in the cultural sector, depending on the number of active members.
  • 50 days per year for national federations and networks in the cultural sector and 10 days per year for associations in the cultural sector, which may then allocate those days to the persons whom they designate to participate in high-level cultural events in Luxembourg.

In all cases, the leave can be split and is prorated according to the employee’s working time. 

Pay – For each day of leave, the employee shall receive a compensatory allowance equal to the average daily wage, but not exceeding four times the minimum social wage for unskilled workers (i.e. EUR 9,549.60 at index 877.01). The compensatory allowance is paid upfront by the employer and is reimbursed by the State. 

Conditions for Entitlement

Employees are required to be continuously affiliated with the social security system for a minimum of 6 months, have been employed with their employer for a minimum of 6 months, and have a commitment to the cultural and artistic scene in order to be entitled to the leave.  

Employer’s Obligations

The employer must give their opinion on the request for leave within 8 working days. The Ministry of Culture may refuse to grant the cultural leave if it has a major impact on the operation of a business, the proper functioning of the administrative service or if it hinders the annual paid leave.

Shreya Bhattacharya

ABOUT THE AUTHOR

Shreya Bhattacharya

A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.

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