Minimum wage regulation
The minimum social wage (SSM) was introduced on 30 December 1944, with varying amounts based on age, gender, and qualification. On 6 August 1948, the SSM was harmonised for all men aged over 21, with gender differences remaining in force. On 18 August 1951, a harmonisation of the minimum wage for women at 90% of the male rate was carried out, along with the first adjustment for changes in the cost of living. The minimum wage for both men and women was harmonised on 22 April 1963.
Further developments include the generalisation the sliding scale of wages and salaries (Law of 27 May 1975): instead of having fixed wages or salaries, which remain constant regardless of economic conditions, the wages or salaries are adjusted based on certain factors (economic indicators) such as inflation, cost of living, or productivity.
The Act of 31 July 2006 introduced a Labour Code, which included a reform of the SSM regulation. In the consolidated version of the Labour Code valid in 2024, the SSM is regulated by arts. L. 222-1 and following.
Currently, the SSM undergoes two types of revaluation (1. regular adjustments carried out every two years; and 2. adjustments based on an indexation mechanism), explained in more detail in the section ‘Process of setting the minimum wage’. The level of the SSM set by the regular adjustment which takes place every two years is provided in art. L. 222-9 of the Labour Code. To this rate, eventual indexation-based adjustments occurred after the last regular update must be added.
The last regular update has been carried out by Law of December 20, 2024 amending article L. 222-9 of the Labor Code that adjusted the rate from 1 January 2025.
In 2024, Mr Georges Mischo, Minister of Labour, submitted to the Parliamentary Administration on 30 August 2024, draft law No. 8437 amending the Labour Code in order to transpose Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union. At the time of updating (6 January 2025) it is just a draft law and only the Employee chamber (CSL - chambre des salariés) has submitted an opinion on it.
The recent amendments to Luxembourg’s Labour Code to align with Directive (EU) 2022/2041 focus on changes to the minimum wage rather than collective bargaining. Key updates include:
- Criteria for Adjusting the Minimum Wage: New factors such as purchasing power, wage distribution, growth rates, and national productivity trends must be considered for wage adjustments.
- Repeal of Delayed Wage Application: Article L. 222-6, which allowed employers to delay minimum wage implementation under specific conditions, has been repealed due to non-compliance risks and lack of use.
- Protection Against Unfair Dismissals: Dismissals linked to exercising minimum wage rights are prohibited. Violations result in null dismissals, with a fast-track process for reinstatement within 15 days.
- Advisory Body on Minimum Wage: A new entity comprising representatives from unions, employers, and institutions will monitor wage evolution, exchange data, and provide studies and guidance to the government.
Actors involved in determining the minimum wages
Minimum wage setting requires collaboration of multiple actors.
The Tripartite Coordination Committee conducts social negotiations related to minimum wages. Social negotiations involve the government and social partners, including representatives of employers and workers. These negotiations may result in agreements on minimum wages, which are then considered during the adjustment process. This committee has been created by Grand-Ducal regulation of 26 January 1978.
The committee is composed of:
- Four members of the government: the Minister of State who holds the chairmanship, the Minister of the National Economy, the Minister of Labour and Social Security and the Minister of Finance.
- Four employers’ delegates, two of whom are to be appointed by the Chamber of Commerce, one by the Chamber of Trades and one by the Central Farmers' Association acting as the Chamber of Agriculture.
- Four delegates to be appointed by the most representative trade unions at national level, including one representative of the civil service.
The National Institute of Statistics and Economic Studies (STATEC) is responsible for publishing the consumer price index on a monthly basis. It can impact the wage scale and trigger a new indexation of the minimum social wage if the index increases or decreases by 2.5% in the preceding semester.
Other advisory bodies: The ‘Comité de conjuncture’ (‘Business cycle committee’) and the Economic and Social Council regularly review economic conditions. They may provide opinions or recommendations on issues related to minimum social wages, including adjustments based on various factors such as inflation and the cost of living. The members of the Conjuncture Committee represent employees and employers, as well as various ministries and government departments.
Government and social partners are therefore the main actors involved in statutory wage setting, through participation in the above-mentioned bodies and through
Process of setting the minimum wage
The mechanism of adjusting the minimum wage in Luxembourg strongly relies on social dialogue and consultation between social partners, which means that decisions on the minimum social wage (SSM) are often taken collectively, with the active participation of trade unions and employers’ organisations. Considerations leading to an adjustment of the SSM may be based on various economic and social factors, such as inflation, cost of living, productivity, labour market conditions and government policies on employment and social welfare.
The exact procedure of minimum wage setting may vary, but generally the government will propose an increase of the statutory minimum wage after examining relevant data and consulting with stakeholders. Trade unions and employers’ organisations may be invited to participate in negotiations or discussions to reach a consensus on the proposed increase. Once an agreement is reached, the government may formalise the increase in statutory minimum wage through legislation or regulation.
Concerning the timing, it can vary depending on the specific circumstances. The process generally involves several steps:
- Data analyses: Economic and social data, such as inflation rates and productivity measures, are collected and analysed to understand the economy and labour market.
- Consultation: The government consults with social partners (trade unions, employers' associations) about possible adjustments to the minimum social wage (SSM), taking into account economic and social factors.
- Negotiation: Discussions take place between the government, trade unions and employers’ organisations to agree on changes to the statutory minimum wage, including the extent of the increase and implementation details.
- Legislative action: Once an agreement is reached, the government may amend laws or regulations to formalise the increase in SSM.
- Implementation: Approved changes are put into action, such as updating payroll systems and informing employers and employees of new wage rates. Compliance with new regulations is ensured.
As mentioned in the section ‘Minimum wage regulation’, the SSM is adjusted in two ways:
- The first type of revaluation of the SSM (provided by art. L. 222-2 (2) of the Labour Code), which occurs every two years, is carried out by the government, who submits to the Chamber of Deputies a report on the evolution of general economic conditions and income accompanied, where appropriate, by a bill raising the level of the minimum social wage. The methodology that has been developed is based on Luxembourg's 'general average' salary as an indicator for assessing whether to raise the rate and by how much. However, a constraint is that each adjustment must depend on available data, typically drawn from a year and a half prior. Various components of income are considered such as basic salaries, bonuses, and replacement income directly tied to wages (e.g. sick pay). Salaries are assessed up to seven times the Minimum Social Wage (SSM, statutory minimum wage), and the lowest 20% and highest 5% of salaries are excluded. The reference population includes individuals aged 20 to 65 affiliated with the National Pension Insurance Fund and public sector employees. Self-employed workers, those on parental leave, and certain inactive individuals are excluded. The indicator is the average hourly wage, calculated by dividing total wages by the sum of hours worked in the reference population.
- The second type of revaluation of the SSM is the indexation mechanism, based on the automatic adjustment in line with changes in the cost of living, which is calculated based on changes in the consumer price index. The current legal basis for it is art. L. 222-3 of the Labour Code, which provides that without prejudice to the first type of revaluation, the adaptation of the SSM to the weighted consumer price index is done in accordance with Article L. 223-1, which in turn provides that the wage rates resulting from a law, a collective agreement and an individual employment contract are adapted to variations in the cost of living, in accordance with the law establishing the salary regime for state civil servants. The common rule is that when the consumer price index (CPI) calculated by le STATEC rises or falls of more than 2.5%, all wages are increased or lowered by 2.5%.
Criteria referred to in minimum wage setting
Criterion | How is this defined/operationalised? | Regulation or practice |
biennial adaptation of the SSM - Average wage or salaries
- total wages of the reference population
- Sum of the hours worked by the reference population
| The reference population taken into account is represented by all employees aged 20 to 65 who are compulsorily affiliated to the National pension insurance fund as well as employees aged 20 to 65 in the public sector. This reference population, therefore, does not include self-employed workers, contributors on parental leave, ‘inactive’: unemployed, early retirees, beneficiaries of a re-employment allowance. The salaries taken into account include wages and all kinds of bonuses up to seven times the SSM. Replacement income linked directly to wages (e.g. cash sick pay or maternity pay) are treated as wages. But in this methodology, 20% of the lowest salaries and 5% of the highest salaries are eliminated in order to exclude the influence of an increase in the reference minimum wage during the wages observation period. The reference population is reduced to 75% of its initial size, resulting in a set of salaries that are not directly tied to the minimum wage. | Article 2 of the law of 12 March 1973: a new legal basis and a biennial adjustment. The data used come from the monthly declaration of wages at the Joint Social Security Centre (CCSS). |
wage indexation The consumer price index that impacts the wage scale | A new indexation is triggered when the semi-annual average of the Consumer Price Index, linked to the base date of January 1, 1948, rises or falls by 2.5% from the last expiration rating. The new application rating takes effect the following month, resulting in a 2.5% adjustment to wages, salaries, and pensions. In calculating this consumer price index, the fundamental principle is to track the monthly evolution of prices for the same product or service at the same point of sale, allowing for a relevant assessment of price changes. STATEC monitors prices for various brands, types, sizes, and across different stores. Before 2018, individuals physically inspected prices in stores (7,700 prices of various goods and services being recorded). Since 2018, electronic files are now directly transmitted by several supermarkets to STATEC. In 2023, an extra 90,000 varieties were included in the calculation of the Consumer Price Index. Henceforth, all wages and salaries in the private and public sectors, pensions, accident pension, apprenticeship & family allowances and the social inclusion income (REVIS) are adjusted to the changes in prices (Law of 27 May 1975 generalising the sliding scale of wages and salaries). | Law of 28 April 1972 (year of change). Adjustments were no longer based on a points system, but on a percentage system. From then on, each indexation bracket amounted to 2.5%. Law of 27 May 1975 generalising the sliding scale of wages and salaries. |
Coverage of the minimum wage and exemptions
The minimum wage is compulsory for all companies established in Luxembourg, depending on the employee's level of qualification and age. Companies are not allowed to pay less than the minimum wage. This also applies where foreign employees are seconded to Luxembourg.
Subminima and higher rates
There are different rates, defined as percentage of the social minimum wage rate, according to age and qualification.
Groups of workers | % of SSM full rate |
Workers aged 15 to less than 17 years old | 75 |
Workers aged 17 to less than 18 years old | 80 |
Pupils and students during the school holidays employed in seasonal employment | 80 |
Non-qualified workers aged 18+ | 100 |
Employees with professional qualification aged 18+ (art. 222-4 (1) Labour Code) | 120 |
Frequency of payments and how the rate is defined
Art. L. 211-5 of the Labour Code provides that working hours may not exceed eight hours per day and 40 hours per week (except if the applicable collective agreement may set lower limits).
The social minimum wage is defined both at a monthly rate (i.e. 173 hours per month) and hourly rate (monthly rate divided by 173 – Article 222-9 of Labor code). Moreover, in Luxembourg, wages (included the SSM) are paid to workers over 12 months (except the applicable collective agreement provides otherwise), and they may also have in addition bonuses, gratuities, or payments spread over additional months.
Art. L. 221-1 of Labor Code stipulates that ‘The salary/wage stipulated is paid each month, at the latest on the last day of the relevant calendar month’ and Art. L. 222-9 of Labor Code says that ‘The hourly rate corresponding to the monthly rate provided for in paragraph 1 is obtained by dividing this monthly rate by one hundred and seventy-three’.
What counts towards the minimum wage
Employers in Luxembourg cannot pay an employee below the minimum wage, whatever the business activity and all the bonuses are in addition of the minimum wage.
In Luxembourg, benefits in kind (housing, company cars, free or subsidised meals, health insurance, etc.) can either be included in the salary or paid in addition to the salary. This depends on the employer's practice and the agreements between the employer and the employee. These benefits may be considered part of the employee's total compensation package or offered separately from monetary compensation. Specific terms and conditions vary according to company policy and any applicable collective bargaining agreements.
Regular national report on minimum wage setting
Every month, even if no revaluation occurred, the Ministry of Social Security and the General Social Security Inspectorate (IGSS) are publishing the social parameters valid from at least the current period.
The Employee Chamber of Luxembourg (Chambre des Salariés du Luxembourg, CSL) publishes every year a report providing an overview of the social situation in the country, in connection with the topic of minimum wage. One of them is dedicated to ‘poverty and inequalities’, and one section focuses on the population on social minimum wage.
In 2023, the employee chamber of Luxembourg undertook significant work by publishing a comprehensive report focusing on individuals earning salaries close to the minimum wage (SSM). This publication offers both descriptive and temporal analyses of this demographic. Furthermore, it includes a comparative examination of the unskilled minimum wage (SSM-NQ) at both national and European levels, clearly highlighting its insufficiency in meeting internationally recognized standards. Additionally, the report introduces two novel and insightful analyses previously unexplored in Luxembourg.
It's worth noting that a preliminary study with a similar title was conducted by an author from the General Social Security Inspectorate (IGSS) in 1996.
- Chambre des Salariés du Luxembourg (CSL) 2023, Panorama social 2024, dialogue - économie et social, avril 2024
- Chambre des Salariés du Luxembourg (CSL) 2023, Panorama social 2023, dialogue - économie et social, avril 2023
- Chambre des Salariés du Luxembourg (CSL) (2023), Portrait de la population au salaire minimum, Economie et Social, Octobre 2023
- Ministry of Social Security and the General Social Security Inspectorate (IGSS) Social parameters valid on 1 September 2023
- Ministry of Social Security and the General Social Security Inspectorate (IGSS), Social parameters valid on 1 April 2023
- Ministry of Social Security and the General Social Security Inspectorate (IGSS), Social parameters valid at 1 February 2023
- Ministry of Social Security and the General Social Security Inspectorate (IGSS), Social parameters valid at 1 January 2023
- Chambre des Salariés du Luxembourg (CSL), 2022, Panorama social 2022, dialogue – économie et social, mai 2022
- Chambre des Salariés du Luxembourg (CSL), 2021, Panorama social 2021, dialogue - économie et social, avril 2021
- Chambre des Salariés du Luxembourg (CSL), 2020, Panorama social 2020, dialogue - ANALYSE, n°1-mai 2020
- Chambre des Salariés du Luxembourg (CSL), 2019, Panorama social 2019, dialogue - ANALYSE, n°1- avril 2019
- Deprez, M. (1996), Les salariés rémunérés au niveau du salaire social minimum. (Population & Emploi (série bleue); No. 3a/96). STATEC, CEPS/INSTEAD, IGSS .
Other country resources on minimum wages
- OGBL (2018), 10%+ Salaire Social Minimum, supplement de l’aktuell, n°1
- Chambre des Métiers du Luxembourg (2018), Augmentation du SSM : Est-ce vraiment une bonne idée ?, Dossier, 4 mai 2018
- Conseil Economique et Social (2017), Le salaire social minimum – avis, 11 juillet 2017
- Chambre des Salariés Luxembourg. (2013), Le salaire minimum légal, Dialogue analyse Nr. 2
- Teoman PAMUKÇU (2004), Etude de l’impact du salaire social minimum sur l’emploi et les salaires au Luxembourg, Etude réalisée pour le compte du Ministère de l’Economie par Université du Luxembourg, Novembre 2004
Updated 19/03/2025