For the time being, Luxembourg will not follow France’s example by imposing temperature thresholds that automatically trigger obligations for employers. This is the main conclusion of the response from the Minister for Labour, 
The MP pointed out that several neighbouring countries have already taken this step. France has introduced a system based on weather alert levels, whilst Belgium and Spain have also laid down specific rules for heatwaves. Marc Baum asked, in particular, whether Luxembourg intended to introduce temperature or heat stress thresholds that would oblige employers to adjust working hours, suspend certain tasks or provide drinking water, shaded areas and additional rest periods.
The government’s response, published on Tuesday 7 July, is clear: no. Spautz believes that the current legislation, based on risk assessment, already allows for the necessary measures to be imposed according to each individual situation. In his view, uniform thresholds would fail to take account of the diversity of occupations, workplaces and physical constraints. The government therefore states that it has no plans to include a maximum temperature or a heat stress index in the Labour Code, whilst promising to monitor scientific developments and discussions with the social partners.
In a February 2025 note, the Chamber of Employees had taken the opposite view, calling for national and European rules on occupational exposure to heat. It asked for “action limit values” to trigger protective measures and “exposure limit values” above which work would have to stop, as well as use of the WBGT index, which combines temperature, humidity, wind and solar radiation.
It is up to employers to assess the risk
In practical terms, the 26°C guideline for workplaces remains a technical recommendation used by the Labour and Mines Inspectorate (ITM), but it does not constitute a legal threshold. Employers remain obliged to assess the risks and take appropriate measures: providing drinking water, setting up rest areas, adjusting working hours where possible, or limiting physical exertion during the hottest parts of the day. In particular, the ITM recommends providing three to four litres of water per employee per day, at a temperature of between 10 and 15°C.
The benchmark also says workplace temperatures should normally not exceed 26°C, except where the outside temperature is itself higher. That exception was central to the Chamber of Employees’ criticism: “In plain terms, there is therefore no properly defined maximum temperature in cases of strong heat,” it wrote.
The parliamentary response also reveals a marked increase in the number of inspections. Following complaints relating to heatwaves, the ITM increased the number of inspections from three in 2023 to 13 in 2024, and then to 27 in 2025. Since the start of 2026, 46 inspections have already been carried out, with 35 breaches identified, although these do not relate exclusively to heat management. A decision was taken to close one construction site in 2025, two others in 2026, and a temporary 48-hour suspension of works was also ordered this year. However, none of these cases resulted in an administrative fine.
The minister also states that a heat-related workplace accident, which caused four people to fall ill in 2026, is currently under investigation by the ITM. Another finding is that the bad-weather unemployment scheme remains largely restricted to the building and civil engineering sectors. Whilst the law theoretically allows this scheme to be extended to other sectors, the government has not announced any changes. The figures also show that its use in the event of heat-related incidents remains very limited: only one claim for compensation was accepted in 2025, covering two employees for a total of 32 hours’ work.
