D5e7 - May a retail business make its employees work on a Sunday?

A retail business may have its employees work 4 hours on Sundays.

A Grand-Ducal Regulation may either remove that option or, if particular necessities manifest themselves, extend it up to a maximum of 8 hours for no more than 6 Sundays per year, subject to the provisions governing normal working hours.

Where Sunday closing of the retail establishment is liable to compromise its normal functioning by reason of the size of the Sunday turnover achieved by the company and the impossibility of a sufficient transfer of clientele to other days of the week, the Minister of Labour may grant derogations, either temporary or permanent, from the prohibition of Sunday work in duly justified cases, subject to the provisions governing normal working hours. That derogation may be granted only to establishments in localities to be determined by a Grand-Ducal Regulation.

In cases of special opening until 9 pm. at the latest, a retail employer may not make his employees work more than 4 hours each within the extended timetable unless a Grand-Ducal Regulation authorises an extension of working time to a maximum of eight hours for a maximum of six Sundays per year.

The Grand-Ducal Regulation in question will be proposed by the Minister of Labour.

Where a retail business wishes to have its employees work every Sunday morning, the employer must request the prior opinion of the staff committee and is required to forward a copy of that opinion to the ITM.

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