Luxembourg Pursues Administrative Simplification for Hiring Seasonal Workers

Luxembourg's Ministry of Agriculture, Food and Viticulture, the Ministry of Health and Social Security and the Ministry of Labour have announced a simplification of administrative procedures for hiring seasonal workers.

The ministries noted, as part of the coalition agreement, the government committed itself to simplifying administrative procedures related to the hiring of seasonal and casual workers, particularly in the areas of specialty crops and viticulture. To this end, Luxembourg's Minister of Agriculture, Food and Viticulture, Martine Hansen, invited representatives of the viticulture, horticulture and agriculture sectors to a first "Wäibaudësch" at Senningen Castle. This winegrowers' meeting, also attended by Luxembourg's Minister of Health and Social Security, Martine Deprez, and the Minister of Labour, Georges Mischo, constitutes the "logical" continuation of the "Landwirtschaftsdësch", an ongoing dialogue aimed at finding solutions to problems in the agricultural sector.

The ministries noted that the harvest of grapes, strawberries, apples and other agricultural products relies heavily on foreign seasonal workers. Their hiring involves several ministries and administrations, which required interministerial meetings upstream of the "Wäibaudësch" to identify the difficulties of the sector and propose pragmatic solutions. Minister Hansen commented: "Our family farms, the pillars of our viticulture, are overwhelmed by costly and tedious administrative procedures. It is imperative to simplify these procedures for hiring casual workers. I am delighted that all the administrations concerned have worked together to find pragmatic solutions."

In accordance with requests from the sector over the years, the different administrations will harmonise the definition of casual work in agriculture, allowing its application to all existing legislation.

The Labour Code authorises agricultural, wine-growing and horticultural businesses to establish a reference period of up to six months. However, the procedure for adopting these periods poses a problem for wine, fruit and vegetable producers, since they cannot be planned in advance for seasonal works whose start and duration mainly depend on weather conditions.

Minister Mischo clarified: "We must take into account the impact of seasonal variations on the activity of agricultural businesses. We have thus succeeded in facilitating administrative procedures for seasonal workers without compromising social achievements such as the minimum social wage, the right to leave and the rights of employees in general."

In addition, with the agreement of the Minister of Finance, Gilles Roth, it was decided that the maximum duration of the flat-rate system for occasional work will be extended from eighteen days to three months, with a flat-rate tax rate of 3% borne by the employer. The harmonisation of the maximum duration of casual employment contracts aims to provide legal certainty to agricultural operations. However, it is conditioned by "rigorous" administrative monitoring of contract durations, aimed at preventing any form of social abuse.

Minister Deprez added: "Safety and health at work are essential to guarantee the well-being of our seasonal workers. It is crucial that all employees can carry out their activities in safe and healthy conditions. However, there are currently elements relating to occupational health which require adaptations to enable employers to be sure that hired workers meet the health conditions required for their engagement as seasonal workers."

An information and awareness campaign will be launched and renewed each year. This initiative includes several key elements:

- Trusted contact for questions relating to labour law: the various administrations concerned are trusted contacts, capable of guaranteeing the anonymity of the winegrower, farmer or horticulturist. This role is considered essential to ensure "open and honest" communication while respecting the confidentiality of those involved;

- Update of the guidelines ("Leitfaden"): the guidelines, listing all the procedures related to the hiring of casual and seasonal employees in agriculture, will be updated. The scope will be expanded to include arboriculture and horticulture. These updated guidelines will be sent to all farms likely to hire casual or seasonal workers;

- Checklist for hiring casual and seasonal workers in agriculture: a detailed checklist will be developed to help farmers in the process of hiring casual and seasonal workers. This checklist will serve as a practical guide to ensure efficient and regulatory-compliant hiring;

- Labour law information session: a labour law information session will be held to inform farmers of employment rights and responsibilities. This session will provide information aimed at ensuring a fair and legal labour practice.

Moreover, faced with the increasing difficulty of filling agricultural positions after the COVID-19 pandemic, measures will be taken to optimise the connection between job candidates and agricultural, wine and horticultural businesses. Specific recruitment days (a job day) will be organised, and applicants for international protection can be hired without prior market testing. A helpline will be made available for employers to inquire about the status of people from third countries.

As part of a "Wäistuff", winegrowers will have the possibility of acquiring a licence for selling alcoholic beverages outside of the reserved number, solely for the sale of alcoholic beverages produced by the farm itself. A small meal service will remain possible.

In addition, it was decided to apply the regime applicable to working hours in the Horeca (hospitality) sector to activities linked to the management of a tasting room.

As reported by the ministries, the "Wäibaudësch" represents a "significant step forward" in the simplification of administrative procedures for hiring seasonal workers. The new measures reduce obligations for operators while respecting workers' rights. The government said it was determined to continue this constructive dialogue, initiated during the "Landwirtschaftsdësch", in order to meet future challenges and guarantee a "dynamic and resilient" Luxembourg agricultural sector.