If working from home in Luxembourg, is a separate policy or document required?

Yes, a separate agreement is required when working from home in Luxembourg. This agreement must be concluded between the employee and the employer, with staff representatives being consulted as well.

The Telework Convention outlines two distinct situations:

1. Occasional telework: This applies when telework is done to cope with unforeseen events or represents less than 10% of annual working time on average. In this case, a simple written confirmation provided by the employer to the authorized employee is sufficient.

2. Regular telework: In all other cases, a detailed written agreement between the employer and the employee is required. This agreement must include:

• The location of the telework or the terms for determining it.
• The hours and days of the week during which the employee teleworks and must be reachable for the employer, or the modalities to determine these periods.
• The modalities of possible compensation in case of loss of a benefit in kind to which the employee would normally be entitled when working at the company.
• The monthly flat rate, if any, established for the payment by the employer of connection and communication costs.
• The modalities for switching or returning to the classic work formula.