What are the features of this type of employment?

This type of employment allows pupils and students to work part-time while pursuing studies at the same time. For this purpose, they sign a fixed-term employment contract (CDD) with an employer.

This type of employment is not to be confused with employing school pupils or students during the academic vacation.

Who can benefit from this arrangement?

In order to be hired under a fixed-term contract, the pupil/student must be at least 16 years old.

In addition, they have to be registered as a school pupil or college student:

• at a Luxembourg secondary scholastic establishment or secondary polytechnic;
• in training for the higher technician’s certificate issued in Luxembourg (BTS); 
• in training leading to the degree of bachelor or master or in other training provided by the University of Luxembourg; 
• in a higher education course leading to the degree of bachelor or master accredited in Luxembourg and issued on the territory of Luxembourg by an accredited higher education institution.

What is the maximum working time?

The working time is limited to an average of 15 hours per week over a period of one month or 4 weeks.

The pupil/student can therefore work a maximum of 60 hours per month, while the number of hours worked per week can vary, provided that they come to an average of 15 hours per week over the stated period.

What is the maximum duration of the contract?

This type of fixed-term contract can be renewed more than twice without being regarded as an open-ended employment contract, but the total duration cannot exceed 5 years.

Is it necessary to enter into a contract?

Yes, the pupil/student and the employer must conclude a fixed-term contract (CDD) in writing.

What should the contract say?

The employment contract must include the following particulars:

• the two parties’ identities; 
• the date of the effective start of employment; 
• the workplace; 
• a description of the duties and functions assigned to the employee; 
• the weekly working hours agreed by the parties; 
• the arrangements for splitting up the working hours over the days of the week – any change in this split is only possible by mutual agreement of the contract parties; 
• where applicable, the limits, conditions and arrangements according to which overtime may be worked by the part-time employee – any change in these limits, conditions and arrangements is only possible by mutual agreement of the contract parties; 
• the basic salary/pay and, where applicable, salary/ pay supplements, ancillary pay, agreed bonuses or benefits as well as the frequency with which payment is made of the remuneration to which the employee is entitled; 
• the duration of paid annual leave or the method of calculating paid leave; 
• the length of any probationary period; 
• exceptional or additional clauses agreed by the parties; 
• reference to the collective bargaining agreements governing the employee’s working conditions. 

In addition, clauses specific to the fixed-term contract need to be added:

• the purpose of the contract: contract concluded between a registered student and an employer;
• the end date of the contract;
• if applicable, the contract-renewal clause;
• if applicable, a probationary clause. 

How much is the pupil’s/student’s pay in such a fixed-term contract (CDD)?

The pupil’s/student’s salary must be at least equal to the minimum social wage for unskilled or skilled employees, graded according to their age without prejudice to any possible increases for night work, public holidays, Sundays or overtime work.

Minimum social wage – unskilled employees
Age	Pre-tax monthly wage 15h/week	Pre-tax hourly wage
16 years	€ 741.88	€ 11.44
17 years	€ 791.34	€ 12.20
18 years and over	€ 989.17	€ 15.25

 

Minimum social wage – skilled employees
Age	Pre-tax monthly wage 15h/week	Pre-tax hourly wage
18 years and over	€ 1,187	€ 18.30

(Amounts correspond to index 944.43 in force from 1 September 2023.)

Does the pupil/student need to be registered for social security?

Yes, the pupil/student must be registered with all branches of social security (sickness, pension, accident and dependency).

In the event of incapacity for work, the pupil/student is entitled to paid sick leave.

Does the pupil or student have to pay tax?

Yes, the pupil’s or student’s salary is subject to income tax. They have to give a tax-withholding slip to their employer. The Inland Revenue offer a tax simulator that allows you to calculate your income tax liability yourself based on your tax base.

Is the pupil/student entitled to state financial assistance for higher education?

The amount of financial assistance that can be awarded to a student depends on a number of factors, including the income of the household where they live and the student’s own income.

Since a school pupil or student working whilst they are also studying has their own income, it is possible that they will only be entitled to a part of the financial assistance provided by the State, or even to no financial assistance at all.

Thus, it is provided by law that a student whose own total annual income exceeds 3.5 times the annual minimum social wage for unskilled employees cannot claim financial assistance for higher education.

When their own annual income is greater than the annual minimum social wage for unskilled employees but does not exceed 3.5 times the annual minimum social wage for unskilled employees, the student can only receive financial assistance in the form of a loan.

“Mengstudien.lu” (formerly “cedies.lu”) can provide additional information on eligibility conditions for State financial assistance. It also provides a simulator that allows you to calculate your financial support online.

Is the pupil/student entitled to days off and statutory holidays?

Yes, pupils/students hired under a fixed-term contract (CDD) are entitled to a proportion of the statutory paid annual leave according to the duration of their employment contract.

Just like part-time employees, they can benefit from statutory holidays.

Do trainees who are minors enjoy special protection by virtue of their age?

Trainees under the age of 18 are protected by the special provisions of the Labour Code applicable to young workers.

In principle, it is forbidden to employ young people in work that exposes them to specific risks to their safety and health, as well as their physical, mental, spiritual, moral, or social development.

Under the age of 18, young people are also particularly protected as regards working conditions (working hours, rest periods, work on Sundays and public holidays, etc.).

Can the contract be terminated before it expires?

In principle, it is forbidden to terminate a fixed-term contract before the end of the term. Neither party may release itself from its obligations before the expiry date, except in the event of serious misconduct.

If despite this prohibition, the employee breaks the contract, they have to pay damages to the employer in a sum not exceeding of one month’s salary. However, this sum is only due if the employer has actually suffered loss as a result of the early termination.

Like the employee, the employer cannot terminate the contract before the set date, otherwise it must pay damages. They correspond to the remuneration that the employee would have received down to the set expiry date. However, the maximum amount that the employee can obtain is limited to two months’ salary.

If employee and employer agree, the fixed-term contract may be terminated by mutual agreement before the initially scheduled end date.

Who supervises the employment of pupils and students outside the school holidays?

The Inspectorate of Labour and Mines (ITM) is responsible for monitoring the application of the legal provisions of the Labour Code relating to internships.

Which court has jurisdiction in case of disputes?

In the event of disputes relating to internship contracts, the Labour Courts shall have jurisdiction.