Make your voice heard
We are frequently asked this question: Should a student hired under a fixed-term contract outside of school vacations, at a company subject to a collective bargaining agreement, receive the minimum wage or the wage corresponding to the job category of their position?
The answer is clear. And yet, some companies persist in applying the minimum wage even when the collective bargaining agreement provides for a higher rate. Here is what the law says.
Employment contracts for students during school vacations
Students who are at least 15 years old may enter into an employment contract in accordance with Articles L. 151-1 et seq. of the Labor Code. This contract may be entered into for a maximum duration of two months or 346 hours per calendar year. This duration must not be exceeded, even if multiple contracts are combined. During school breaks, working hours may be up to 40 hours per week.
Fixed-term employment contracts for students outside of school vacations
Students who are at least 18 years old may, in accordance with Article L. 122-1, paragraph 3, point 5 of the Labor Code, enter into a fixed-term employment contract intended for students. Outside of school vacations, the average weekly working hours must not exceed 15 hours, calculated over a month or four weeks.
Reminder: As of September 1, 2026, schooling is mandatory in Luxembourg until the age of 18. A student must therefore—subject to the exceptions provided for by law—be at least 18 years old to enter into a fixed-term employment contract.
If a student is hired outside of school breaks under a fixed-term employment contract, he or she is not covered by the special regulations applicable to summer jobs. He or she is subject to the general provisions of labor law applicable to employees under fixed-term contracts. This means that they must receive at least the minimum wage corresponding to their skill level—whether they are skilled or unskilled workers—calculated on a pro-rata basis according to their working hours. The contract may not provide for any compensation below the statutory minimum amounts. It may, of course, provide for higher compensation.
And in what cases does a collective bargaining agreement apply?
If the employer is bound by a collective bargaining agreement—for example, the one for the insurance sector—the employee is classified into a job category and placed on the corresponding pay scale.
If the wage specified in the collective bargaining agreement for that classification is higher than the statutory minimum wage, the wage specified in the agreement must be paid.
Some companies enter into contracts with students that are not covered by a collective bargaining agreement and provide only for the statutory minimum wage. Others classify students into a pay category but pay them less than the rate specified in the pay scale for that category. Both of these practices are illegal.
A fixed-term employment contract must be entered into under the same terms and conditions as those provided for in the collective bargaining agreement for the corresponding occupational category.
A student with a fixed-term employment contract outside of school breaks, employed by a company subject to a collective bargaining agreement, is entitled to the wage for the category to which their position belongs—provided that this wage is higher than the statutory minimum wage. This is not an option, but a requirement.
Do you have questions about your situation or that of a colleague? Contact us by email: info@aleba.lu