Country profile LUX
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1973-02-19 ; 1803 | C182 | Law on the sale of medicinal substances and the fight against drug addiction - Article 9 ; Civil Code - Article 388 | [{"link_name":"-Law on the sale of medicinal substances and the fight against drug addiction","source_link":"https://legilux.public.lu/eli/etat/leg/loi/1973/02/19/n1/jo"},{"link_name":"-Civil Code","source_link":"https://legilux.public.lu/eli/etat/leg/code/civil/20250420"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 9. of the Law punishes the committing of offences stated in Article 8. against a minor, which Article 388 of the Civil Code defines as a person below the age of 18. These offences include notably the cultivation, production, manufacture, extraction, preparation, shipping importation, exportation, selling or offering for sale or putting into circulation of illegal substances. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1879-06-18 | C182 | Penal Code - Art. 379. (1) and (2) | [{"link_name":"Penal Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64650/LUX-64650.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 379. (1) and (2) of the Penal Code punish, respectively, anyone who incites, facilitates or promotes the debauchery, corruption or prostitution of a minor under the age of eighteen and; any person who recruits, exploits, coerces, forces, threatens or uses a minor under the age of eighteen for the purposes of prostitution, for the production of pornographic shows or material or for the purposes of participation in such shows, or who promotes or benefits from such action. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1879-06-18 | C182 | Penal Code - Article 382-2 ; Civil Code - Article 388 | [{"link_name":"-Penal Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64650/LUX-64650.pdf"},{"link_name":"-Civil Code","source_link":"https://legilux.public.lu/eli/etat/leg/code/civil/20250420"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 382-2 (1) of the Penal Code prohibits Human trafficking while Article 382-2 (2) 3) increases the sentence if such offence was committed against a minor, which Article 388 of the Civil Code defines as a person below the age of 18. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1952-07-23 | C182 | Law on Military organisation - Article 19. | [{"link_name":"Law on Military organisation","source_link":"https://legilux.public.lu/eli/etat/leg/loi/1952/07/23/n1/consolide/20230331"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 19. of the Law provides for a minimum age of 18 years for voluntary recruitment of all Luxembourger and European citizen, thus implying for the prohibition of the forced recruitment of children below that age. |
| List of hazardous activities prohibited for children | 2006-09-01 ; 1979-06-13 | C138 & C182 | Labour Code - Art. L. 343-3. (2) 6. , Article L. 341-1. (1) 1 and Annex 3 ; Grand-Ducal Regulation of 13 June 1979 on safety guidelines for the civil service - Article 14.3 | [{"link_name":"-Labour Code","source_link":"https://www.fedil.lu/wp-content/uploads/2020/09/Code-du-travail.pdf"},{"link_name":"-Regulation on safety guidelines for the civil service","source_link":"https://legilux.public.lu/eli/etat/leg/rgd/1979/06/13/n1/jo"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Art. L. 343-3. (2) 6. of the Labour Code provides for the prohibition of the employment of young people in work involving harmful exposure to the physical, biological and chemical agents referred to in Annex 3. For its part, the latter sets a list of the 42 works prohibited to young people while Article L. 341-1. (1) 1. defines young people as persons aged above 18 years who have an employment contract in accordance with Article L. 121-4 and exercising a salaried occupation on the territory of the Grand Duchy of Luxembourg, persons under the age of eighteen having an employment contract or relationship governed by legislation other than Luxembourg legislation and working on Luxembourg territory, as well as trainees, persons exercising a professional occupation as a result of their training or a continuing education measure, apprentices, young unemployed persons benefiting from a work placement, young unemployed persons benefiting from a temporary auxiliary contract or a work placement and pupils and students employed during the school holidays in accordance with the relevant legislation, and who do not enjoy more favourable working conditions by virtue of special laws, their contract or collective agreements. Additionally, Article 14.3 of the amended Grand-Ducal Regulation of 13 June 1979 on safety guidelines for the civil service sets out an exception for the minimum age for access to dangerous machinery for apprenticeship purposes. Thus, a child aged above 15 years can have access to dangerous machinery and work provided a number of safety conditions are met. |
| Minimum age for hazardous work | 2006-09-01 | C138 & C182 | Labour Code - Art. L. 341-1. (1) 1. and Art. L. 343-3 (1) (2) | [{"link_name":"Labour Code","source_link":"https://www.fedil.lu/wp-content/uploads/2020/09/Code-du-travail.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Art. L. 343-3 (1) and (2) prohibits the employment of young people in work exposing them to specific risks to their safety, health, physical, psychological, mental, spiritual, moral or social development or likely to compromise their education or vocational training, resulting from a lack of experience, a lack of awareness of existing or potential risks, or the unfinished development of young people. It is worth noting that, the term "young person" is defined by Article L. 341-1. (1) 1., as persons aged above 18 years who have an employment contract in accordance with Article L. 121-4 and exercising a salaried occupation on the territory of the Grand Duchy of Luxembourg, persons under the age of eighteen having an employment contract or relationship governed by legislation other than Luxembourg legislation and working on Luxembourg territory, as well as trainees, persons exercising a professional occupation as a result of their training or a continuing education measure, apprentices, young unemployed persons benefiting from a work placement, young unemployed persons benefiting from a temporary auxiliary contract or a work placement and pupils and students employed during the school holidays in accordance with the relevant legislation, and who do not enjoy more favourable working conditions by virtue of special laws, their contract or collective agreements. |
| Minimum age for admission to apprenticeship | 2023-07-20 | C138 | Law of 20 July 2023 on compulsory education - Article 5 (4) | [{"link_name":"Law of 20 July 2023 on compulsory education","source_link":"https://legilux.public.lu/eli/etat/leg/loi/2023/07/20/a460/jo"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 5 (4) of the law states that a pupil who has reached the age of 15 and enters an apprenticeship satisfies compulsory schooling by attending concurrent vocational courses, confirming that the minimum age for admission to apprenticeship is 15 years. Furthermore, the Grand Ducal Regulation of 9 July 2013 stipulates that, to be admitted to the 10th CCP class (certificate of professional competence), students must be 15 years old. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2023-07-27 | C138 | Law on compulsory education - Art. 4. | [{"link_name":"Law on compulsory education","source_link":"https://legilux.public.lu/eli/etat/leg/loi/2023/07/20/a460/jo"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article. 4 of the law sets the compulsory school-leaving age at 18 years or at the age of obtention of a diploma or certificate attesting to the completion of secondary education or vocational training, issued by a Luxembourg public establishment or by a private establishment approved by the Luxembourg State; or another diploma or certificate recognized as equivalent to one of the diplomas or certificates referred to in the previous point by law or by decision of the Minister responsible for National Education, hereinafter referred to as the “Minister”. Consequently, the age of completion of compulsory schooling is above the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"Labour Code","source_link":"https://www.fedil.lu/wp-content/uploads/2020/09/Code-du-travail.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Just as the Luxembourg legal framework does not set a minimum age for the performance of light work, neither are there any periods or circumstances specifically determined for the performance of light work in the text of the law. |
| Minimum age for light work | N/A | C138 | Labour Code | [{"link_name":"Labour Code","source_link":"https://www.fedil.lu/wp-content/uploads/2020/09/Code-du-travail.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | No minimum age for light work is set in the Labour Code or in any other Luxembourg legal framework. |
| Minimum age for admission to work | 2006-09-01 | C138 | Labour Code - Art. L. 342-1. ; Art. L. 341-1. 2. ; Art. L. 342-3 and Art. L. 342-4 | [{"link_name":"Labour Code","source_link":"https://www.fedil.lu/wp-content/uploads/2020/09/Code-du-travail.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | While Article 341-1.2 defines a child as a person under the age of 15, Article L.342-1 prohibits the employment of children in any form of work, except in the cases specified in Articles L.342-3 and L.342-4 of the Code. Article L.342-3 does not classify the following as child labour: Work carried out within technical or vocational schools, provided that it is primarily educational in nature, not intended for commercial gain, and approved and supervised by the competent public authorities; Occasional and short-term domestic service performed within a private household by a child for whom the employing family assumes permanent responsibility. For its part, Article L.342-4 provides for exceptions to the minimum working age, allowing children to participate in non-profit activities as members of sports, cultural, or artistic associations, or within associative activities. This article further details the conditions under which children under 15 may exceptionally engage in such work, including: A minimum participation age of six years, A prohibition on work beyond 11.pm, A mandatory uninterrupted rest period of at least 14 hours between two activities, The requirement that any stipend earned by the child be deposited into a locked savings account in the child's name. It should also be noted that Chapter IV of the Code sets out the circumstances in which a child over the age of 15 may be employed, as regards working hours, rest periods, work on Sundays and public holidays, night work, paid holidays and pay. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 21-MAR-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 24-MAR-1977 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The Council Recommendation (EU) 2021/1004 of 14 June 2021, establishing the European Child Guarantee, aims to prevent and combat social exclusion by ensuring that children in need have access to essential services. This initiative supports children's rights by addressing child poverty and promoting equal opportunities. The recommendation outlines proposals for Member States regarding key services, including early childhood education and care, inclusive education and school-based activities (including a nutritious meal each school day), medical care, healthy nutrition, and adequate housing. It applies to all children under 18 who are at risk of poverty or social exclusion. In response to the Council Recommendation and in alignment with previously adopted strategic guidelines, Luxembourg has developed a Child Guarantee Action plan. The Luxembourg Action Plan identifies children in need and the barriers to accessing existing services in order to combat their poverty and social exclusion. To meet such goals, it identified priority measures including : measures in early childhood care, education and extracurricular activities; measures related to access to health care; psychosocial support measures; measures related to healthy food access; assistance measures in case of housing difficulties; help and support for parents; measure taken with regards to refugees from Ukrainian refugees. | [{"link_name":"Luxembourg Child Guarantee Action plan","source_link":"https://men.public.lu/dam-assets/fr/themes-transversaux/droits-enfant/pan-garantie-pour-lenfance.pdf"}] | 2021-2030 | Luxembourg Child Guarantee Action plan | Children's Rights Steering Committee |
| The National Action Plan on the Rights of the Child responds to the recommendation of the United Nations Committee on the Rights of the Child. Its 64 actions, are divided into 8 areas including : identity and non-discrimination ; placement measures ; health and welfare ; unaccompanied minors (UAMs) ; justice for children ; violence ; children's rights in crisis situations ; participation rights. Following these priorities are several objectives set up to reach the improvement of Children's rights. For instance, the plan aims to raising awareness about children's rights regardless of the child's status, nationality, health or age; adapting measures on children's rights to the changing societal challenges; promoting the best interests of unaccompanied minors; guaranteeing children's rights in situations of crisis emergencies ; taking preventive measures and raising awareness among people fleeing the war in Ukraine about trafficking in human beings and encouraging associations active in welcoming and helping people fleeing the war in Ukraine to delete photos of children on their social (Facebook pages, Twitter) and to carry out regular checks of the photos published on social networks in order to combat the risk of trafficking of children fleeing the war in Ukraine. | [{"link_name":"National Action Plan for Children's Rights","source_link":"https://men.public.lu/fr/publications/droits-enfant/informations-generales/droits-de-lenfant-plan-action-22-26.html"}] | 2022-2026 | National Action Plan for Children's Rights | Ministry of Education, Children and Youth |