Étude Vella — Avocate à la Cour, Luxembourg
NEWS & FAQ

The essential legal news, without the jargon

A selection of recent developments and the most frequently asked questions in labour law, business law, and lease law. General information, accurate at the time of publication — not legal advice on your specific situation.

LABOUR LAW

Three recent developments to know

04.07.2026

Right to disconnect in Luxembourg: penalties take effect on 4 July 2026

Since the law of 28 June 2023, every Luxembourg employer whose employees use digital tools for professional purposes must guarantee a right to disconnect outside working hours. Until now, this obligation remained largely declaratory: the law provided for a three-year transitional period before penalties would take effect. That grace period is now coming to an end. As of 4 July 2026, the director of the Labour and Mines Inspectorate (Inspection du travail et des mines, ITM) may impose administrative fines ranging from €251 to €25,000, depending on the severity of the breach and the size of the company.

In practice, the employer must have formalised a disconnection policy in writing: practical arrangements (shutting down email servers, for example), manager awareness training, and compensation arrangements for exceptional departures from the policy. This policy must be negotiated with the staff delegation where the company has one. For companies that have not yet taken this step, formalising a disconnection policy now remains less costly than having to regularise the situation under the pressure of an ITM inspection.

01.06.2026

Wage indexation in Luxembourg: +2.5% since 1 June 2026

The automatic wage indexation mechanism, a distinctive feature of the Luxembourg social model, has been triggered once again: as of 1 June 2026, the index applicable to wages rose from 968.04 to 992.24. This 2.5% increase applies automatically to all gross wages governed by Luxembourg law, without requiring an amendment to the employment contract. The minimum social wage now stands at €2,771.30 gross per month for an unskilled employee, and €3,325.60 gross for a skilled employee.

For the employer, the main challenge is operational: payslips must reflect this increase from the effective date, and projected payroll budgets must be adjusted accordingly — all the more so since a further index adjustment is already expected for the third quarter of 2026. For the employee, this indexation provides an automatic purchasing-power guarantee that is rare in Europe, though it remains worth checking that one's payslip correctly reflects the new applicable index.

06.03.2026

Employment Retention Plans: new forfeiture deadlines since March 2026

Published in the Mémorial (Luxembourg's official gazette) on 6 March 2026, a new law strengthens the formal requirements surrounding the Plan de Maintien dans l'Emploi (Employment Retention Plan) — the agreement concluded between the employer and staff representatives when negative economic signals emerge within a company, before resorting to collective redundancies. The obligation to put the Employment Retention Plan in place is triggered as soon as the Economic Committee (Comité de conjoncture) records five economic dismissals over three consecutive months, or eight over six months.

The novelty introduced in March 2026 lies in the introduction of two deadlines classified as forfeiture periods: failing to meet them results in the definitive loss of the right concerned, with no possibility of regularisation or appeal. For a company engaged in restructuring, this changes the stakes considerably: a co-financing application filed a single day late, or a notification sent outside the deadline, can no longer be corrected afterwards. A point of particular vigilance for HR departments and advisers supporting restructuring plans in Luxembourg.

These summaries are provided for general information only and do not replace legal advice tailored to your situation. For guidance on any of these topics — right to disconnect, wage indexation, employment retention plans — see the Labour Law page or contact the Firm.
COMMERCIAL LAW & DEBT COLLECTION

A principle worth knowing between merchants

LEGAL PRINCIPLE

The accepted-invoice doctrine: when silence amounts to acceptance

Between merchants, an invoice that is sent and not disputed within a reasonable period is deemed accepted by its recipient — even in the absence of any written response. This principle, rooted in the Commercial Code and confirmed on several occasions by Luxembourg case law, applies only between professionals: an end consumer can never be presumed to have accepted an invoice merely through silence.

In practice, courts most often allow a dispute period of around one month from receipt of the invoice. Once that period has passed, the burden of proof shifts: it falls to the debtor to demonstrate that they objected in time, rather than to the creditor to prove the existence of the debt. Hence the creditor's interest in being able to establish that the invoice was properly issued and duly sent to the client — registered mail remains the safest form of proof in the event of a later dispute.

In the field of commercial debt collection, this principle remains one of the most effective tools available to the creditor, provided they have acted quickly and documented every exchange.

This summary is provided for general information only and does not replace legal advice tailored to your situation. For guidance on an unpaid debt, see the Debt Collection page or contact the Firm.
CORPORATE LAW

A reform company directors should know about

IN EFFECT

SARL: capital payment may now be deferred for up to twelve months

Effective 2 June 2026, the law of 18 May 2026 relaxes the rules for incorporating a société à responsabilité limitée (SARL) in Luxembourg. Contrary to popular belief, this is not an abolition of share capital — it must still be fully subscribed upon incorporation — but a relaxation of the timeline for its actual payment.

In practice, article 710-6 of the Law on Commercial Companies now allows partners to release their shares progressively, within a maximum period of twelve months from incorporation, unless the articles of association provide for a shorter deadline. The same applies to any share premium, which is paid under the same conditions and within the same timeframe.

This flexibility is subject to three important limitations that should be anticipated when drafting the articles of association: any amount of capital exceeding the statutory minimum required under article 710-5 (i.e. €12,000) must be paid in full upon incorporation — only the portion corresponding to the minimum capital may benefit from the deferred deadline. Shares issued in return for contributions in kind (property, real estate, business assets, etc.) must be fully paid up upon incorporation, with no possibility of deferral. Any share premium attached to such contributions in kind must also be paid in full at that time.

For entrepreneurs, this reform makes it easier to set up a SARL by reducing the cash to be mobilised immediately — it allows a company to be formed without prior opening of a bank account, a constraint that often delayed the process. The key is to distinguish clearly, in the articles of association, the portion of capital eligible for deferral from the portion that must remain fully paid from day one.

This summary is provided for general information only and does not replace legal advice tailored to your situation. For guidance on setting up a company, see the Business & Finance page or contact the Firm.

Frequently Asked Questions — Labour Law

Frequently Asked Questions — Business Law

Frequently Asked Questions — Lease Law

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