D15a6 - What are the provisions applying to posting undertakings and posted workers to the territory of the Grand Duchy of Luxembourg?

The legal, regulatory and administrative provisions, and also provisions deriving from collective agreements declared to be generally binding or an arbitration ward of a scope similar to that of collective agreements which are generally binding or from an agreement reflecting inter-professional social dialogue declared to be generally binding apply to all posted workers carrying on any activity on the territory of the Grand Duchy of Luxembourg. These provisions relate to:

1. the remuneration corresponding to the minimum wage rates and all constituent wage elements as determined by a legal, regulatory and administrative provision, or by a collective agreement declared to be generally binding or by an agreement reflecting inter-professional social dialogue declared to be generally binding and to the automatic adjustment of wages in line with changes in the cost of living;
2. the duration of working time, breaks, daily rest and weekly rest periods;
3. paid leave;
4. collective leave;
5. statutory public holidays;
6. rules on temporary work and the loan of workers;
7. protective measures applicable to conditions of work and employment for children and young people, pregnant women and women who have recently given birth;
8. equal treatment between men and women and non-discrimination;
9. compulsory inactivity in accordance with the legislation on unemployment on account of bad weather and lay-offs;
10. clandestine or illegal work, including the provisions concerning work permits for workers who are not nationals of a Member State of the European Economic Area;
11. the health and safety of workers in the workplace in general and more particularly the minimum health and safety requirements laid down by Grand-Ducal Regulation on the basis of Article L.314-2;
12. the workers' accommodation conditions when the employer provides accommodation for the worker away from his usual place of work;
13. any allowances or reimbursement of expenses to cover travel, accommodation or food expenses incurred by a worker away from his home for professional reasons.

Allowances or reimbursement of travel, accommodation or food expenses shall apply only to expenses incurred by the worker on account of his posting when he is required to travel to or from his usual place of work to the territory of the Grand Duchy of Luxembourg or when he is temporarily sent by his employer from that usual place of work to another place of work.

The following legal, regulatory and administrative provisions, and also provisions deriving from collective agreements declared to be generally binding or an arbitration ward of a scope similar to that of collective agreements which are generally binding or from an agreement reflecting inter-professional social dialogue declared to be generally binding do not apply to posted workers carrying on any activity on the territory of the Grand Duchy of Luxembourg. These provisions relate to:

1. the requirement of a written employment contract or the document drawn up pursuant to Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship;
2. the rules on part-time working and fixed-term employment;
3. the corporate collective work agreements.