Civil service: law 8121

1Before the law

The Grand-Ducal regulation of 10 October 2012 on telework in the civil service was repealed with effect from 18 March 2020. Since then, only article 19bis of the general civil service statute has allowed the head of an administration to authorise telework and set its terms: the rules varied from one ministry to another (1 to 3 days a week in 2025).

2What the law provides

• “The authorised share of telework may not exceed sixty per cent of the workload of the civil servant.”
• The ceiling can apply per week or as an average over a longer period (two weeks, a month, a year); telework can also be organised by the hour.
• Telework is neither a right nor an obligation; it all depends on the nature of the tasks and the interests of the service.
• Place: home, another private place or a place used for work; you must be able to reach your place of work at very short notice.

3Application, trial period, revocation

1. Written application to the head of the administration, with a copy to the line manager, who gives a non-binding opinion.
2. A refusal must state reasons and be communicated in writing; the staff member has the right to be heard.
3. The authorisation sets the place, the share, the distribution of hours, the start date, any duration and a trial period of three months at most.
4. Revocation in the interests of the service with two months’ notice (one week during the trial period), or immediately if negligence is established.

The administration provides the IT equipment, which remains the property of the State. Telework hours are recorded in the working-time record; an automatic flat rate of eight hours is not allowed. Reimbursement of costs is not provided for.

4Right to disconnect

Outside working hours, staff may only be contacted for exceptional and unforeseen reasons or when on call at home. Not answering cannot be held against them.

5Who is covered

• State civil servants, including trainees;
• for State employees, the text we were able to consult does not say so expressly;
• municipalities are not covered: they will need their own regulation based on the municipal staff statute.

6Stages of the bill