Understanding the rights of employees with disabilities in Luxembourg

Life doesn’t stop with a disability — it just asks us to take a different path. And thankfully, in Luxembourg, that path is becoming more inclusive. If you’re navigating work life with a disability, here’s what you need to know about your rights, protections, and the growing support available to you. Luxembourg offers substantial support to facilitate (re)integration into the workplace. The emphasis should be placed on individual skills and abilities, rather than disability. The objective is to cultivate a climate of trust, empowering disabled employees to disclose their status without apprehension or fear of stigmatisation.

To be recognised as an employee with a disability, a medical report is required, certifying a reduction in working capacity of at least 30% due to physical, mental, sensory, or psychological impairment, potentially aggravated by psychosocial factors. The initial step to access these rights is to apply for disabled worker status through ADEM's Disability and Redeployment department (“Service Handicap et reclassement professionnel”). Comprehensive details regarding the application process are available here.

When a disabled employee is directed towards the regular labour market, the Occupational Counselling and Redeployment Panel may propose to ADEM, based on the individual's age, the nature and severity of their disability, and their remaining work capacities, various orientation, training, rehabilitation, integration, or professional reintegration measures. These may include initiation measures or work adaptation/readaptation internships.

The ADEM, based on the opinion of the Occupational Counselling and Redeployment Panel, is responsible for determining the appropriate measures for the professional integration or reintegration of disabled employees.

Consequently, disabled employees may benefit from several forms of support and assistance, including:

• State contribution towards salary costs;
• Financial participation in training expenses;
• Encouragement or rehabilitation bonuses;
• Coverage of costs related to the adaptation of workstations and workplace accessibility;
• Contribution to transportation expenses;
• Provision of adapted professional equipment.

Furthermore, an employee recognised as having a disability is entitled to six additional days of paid leave per year, provided that the official documentation of their status has been submitted to their employer. For disabled employees working part-time, the additional leave is prorated according to their working hours.

Luxembourg labour law mandates that employers allocate a specific percentage of positions to disabled employees, depending on the sector (public or private) and the company size.

To facilitate employer compliance, the State may also cover certain costs associated with wage payments, vocational training, adaptation of workstations and physical access, transportation, and the provision of suitable professional equipment.

Public sector organizations in Luxembourg (State, municipalities, railways, etc.) are required to reserve 5% of their total full-time positions for employees with disabilities.

Any employer in the private sector with more than 25 employees is legally obligated to allocate a certain proportion of jobs to disabled workers, with the following minimum requirements for full-time positions:

• More than 25 employees: At least 1 disabled employee;
• More than 50 employees: At least 2% of the total workforce;
• More than 300 employees: At least 4% of the total workforce.

Employers failing to meet these obligations are required to pay a monthly compensatory tax to the Public Treasury, equivalent to 50% of the social minimum wage for each unfilled position for a disabled worker.

A disabled employee is entitled to the same salary, rights, and collective agreements as any other employee. Their salary cannot be lower than the minimum wage established by law, regulations, or collective agreements for non-disabled employees.

Employers are legally required to make reasonable adjustments to the workplace to accommodate the needs of disabled employees. This may include providing assistive technology, modifying workspaces, or adjusting work schedules.

Disabled employees may be eligible for a disability allowance from the National Solidarity Fund (FNS). Further information can be found at https://fns.public.lu/en/rpgh.html.

Individuals seeking assistance and guidance in navigating these processes can contact ALEBA to obtain guideline.