The law of 6 January 2023 brings back cultural leave, with some new conditions. This new law, as well as all of its provisions , will come into force on 1st February 2023.
What are the main features of this new leave?
Cultural leave: what is it?
The cultural leave defined by the law of 6 January 2023 is aimed at those involved in cultural activities whose cultural work is in addition to their professional work, thus allowing them to take part in high-level cultural events that are not part of their main professional work.
Cultural leave: who is it for?
The following can benefit from cultural leave:
- Employees regarded as cultural players defined as anybody who practices an art or an artistic discipline by creating cultural works(creative artists)or as anybody who practices an art or an artistic discipline by performing cultural works that have been created by somebody else(performing artists) in the following fields: visual and audiovisual art, multimedia and digital art, live entertainment, literature and publishing, music and architecture;
- Employees responsible for executive administrative work for national networks and federations in the cultural sector who play a key role in the cultural sphere and to this end receive annual financial support from the government, who exercise their administrative work in addition to another professional activity in as employees (New article L. 234-11 of the Labour Code) ;
- Employees appointed by national networks and federations in the cultural sector to attend high-level cultural events in Luxembourg (New article L. 234-12 of the Labour Code).
Self-employed people and freelancers can also benefit from cultural leave.
Conditions for granting cultural leave
To be eligible for cultural leave, beneficiaries must fulfil a number of criteria:
- Ongoing affiliation in Luxembourg with mandatory insurance for at least six months prior to the date on which the request for this leave is submitted;
- Demonstrate a manifest commitment to Luxembourg’s cultural and artistic scene, “ the fact that the commitment is manifest is demonstrated by the public distribution of their work, the impact of their activity and the recognition of their peers»;
- Carry out a cultural activity in addition to another professional activity as an employee, a freelancer or on a self-employed basis;
- An invitation is needed for the cultural players to take part in high-level cultural events such as theatrical, musical or multi-disciplinary productions, cinematic productions, exhibitions of visual art in a museum, an art gallery or during a contemporary art biennale, festivals, fairs, literary events etc. (New article L. 234-15 of the Labour Code) ;
- Have worked for the employer for at least 6 months (New article L. 234-15 of the Labour Code).
Duration of cultural leave
The duration of the leave varies depending on the beneficiary of the cultural leave:
- For employees regarded as “cultural players”, 12 days per year and per beneficiary;
- For employees responsible for executive administrative work for national networks and federations in the cultural sector, the duration of the leave varies depending on the number of active members of the associations or affiliated institutional members (New article L. 234-11 of the Labour Code) ;
- For national networks and federations in the cultural sector, they benefit from a quota of 50 days of cultural leave per year (New article L. 234-12 of the Labour Code) ;
- For cultural associations, they benefit from a quota of 10 days of cultural leave per year (New article L. 234-12 of the Labour Code).
The leave can be subdivided into periods of at least 4 hours and may be calculated on a pro rata basis.
For each day of leave, employees benefit from a compensatory allowance equal to the average daily salary, where the total amount of this allowance cannot be more than four times the minimum social wage for unqualified workers.
This allowance is paid by the employer and the government will reimburse the employer on presentation of a statement about it, a template for which is defined by the minister.
An employer must respond to a request for leave within 8 working days.
A request for cultural leave can be refused if the employee’s absence due to the requested leave risks a significant, negative impact on the company’s business, the effective operation of the public service or administration, or the smooth running of paid annual leave for other members of staff.