Holiday regulations for part-time employees

In order to simplify the public holiday regulations, we recommend that the employer establishes a so-called “public holiday account” for each part-time employee. This will facilitate the calculation.

In Luxembourg, there are 11 public holidays, so in terms of hours, there are 88 hours of time off for a full-time employee. The formula for determining the public holiday account (number of hours of time off) for the part-time employees concerned is as follows:

 

88 / 40 * Y = X

 

88 = Hours of public holidays (annual)

40 = Hours of work per week (rule)

Y = weekly working hours of the respective part-time employee (34, 32, 30, 28, 24, …)

X = hours of the public holiday account (annually)

 

It is also important to determine the average value of daily working time:

 

Hours worked per week / 5 (days) = Z

 

Z = substitute or compensatory leave (in hours)

 

  • If a public holiday falls on a normal weekday on which the part-time employee works more than 4 hours: the working hours are paid normally and are deducted from the public holiday account.
  • If a public holiday falls on a weekday on which the employee works at least 4 hours: the hours worked will be remunerated and deducted from the public holiday account. In addition, this employee is entitled to substitute leave amounting to ½ Z hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the employee concerned is entitled to the corresponding remuneration.
  • If a public holiday falls on a weekday on which the employee is not supposed to work or on a Saturday or Sunday, the employee is entitled to Z hours of compensatory leave. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding remuneration.

If the public holiday account is exhausted although one or the other public holiday is still to come, then there is no remuneration for this public holiday. If the public holiday account is not completely exhausted at the end of the year, the employee is either entitled to take these unused hours as compensatory leave or these hours are remunerated.

For better understanding here are some practical examples:

Example 1:

32 hours a week, 8 hours each on Monday, Tuesday, Thursday and Friday, Wednesday is free:

The holiday account for such an employee is 70.4 hours. The average daily working time is 6.4 hours.

If a public holiday falls on a Monday, Tuesday, Thursday or Friday, the employee receives his/her normal pay for these 8 hours and 8 hours are deducted from the public holiday account.

If a public holiday falls on Wednesday or Sunday: the employee is entitled to a substitute leave of 6.4 hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding remuneration.

 

Example 2:

28 hours a week, 8 hours each on Monday, Tuesday and Thursday, Friday 4 hours, Wednesday off:

The holiday account for such an employee is 61.6 hours. The average daily working time is 5.6 hours.

If a public holiday falls on a Monday, Tuesday or Thursday, the employee receives his/her normal pay for these 8 hours and 8 hours are deducted from the public holiday account.

If a public holiday falls on Wednesday or Sunday: the employee is entitled to substitute leave of 5.6 hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding pay.

If a public holiday falls on a Friday, the employee will receive his/her normal pay for these 4 hours and 4 hours will be deducted from the public holiday account. In addition, this employee is entitled to ½ Z compensatory leave, i.e. 2.8 hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding pay.

Example 3:

24 hours a week, 8 hours on Monday and Tuesday, 3 hours on Thursday (less than 4 hours) and 5 hours on Friday (more than 4 hours), Wednesday off:

The holiday account for this employee is 52.8 hours. The average daily working time is 4.8 hours.

If a public holiday falls on a Monday or Tuesday, the employee receives his/her normal pay for these 8 hours and 8 hours are deducted from the public holiday account.

If a public holiday falls on Wednesday or Sunday: the employee is entitled to substitute leave in the amount of 4.8 hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding pay.

If a public holiday falls on Friday, the employee will receive his/her normal pay for these 5 hours and 5 hours will be deducted from the public holiday account. Any working day which exceeds 4 hours is treated in the same way as an 8-hour day. There is therefore no entitlement to compensatory leave.

If a public holiday falls on a Thursday, the employee receives his/her normal pay for these 3 hours and 3 hours are also deducted from the public holiday account. In addition, this employee is entitled to ½ Z compensatory leave, i.e. 2.4 hours. This compensatory leave must be taken within a period of 3 months from the respective public holiday. If the compensatory leave cannot be granted/taken for operational reasons, the concerned employee is entitled to the corresponding pay.

However, the employer may also apply a different calculation method. There is no uniform calculation. The law only stipulates that public holiday must be prorated to part-time employees.