Description
Bill No. 8699, proposition de loi tabled by Marc Baum, an opposition MP for déi Lénk, on 10 February 2026 to transpose the Platform Work Directive into national law.
The proposed bill covers both workers contracting directly with a platform and those engaged via intermediaries, with joint liability established between them. The formal classification of the contract (employed or self-employed) is not determinative; what counts is the reality of the working relationship.
A key element of the reform is a legal presumption of employment where a platform exercises direction and control.
Thirteen criteria are listed to assess this, including setting pay, supervising performance, restricting working-time flexibility, limiting the ability to work for others, and imposing conduct rules. Where at least three criteria are met, the presumption becomes irrebuttable. Unlike the Directive itself, Luxembourg does not exclude retrospective effect, so as to avoid unequal treatment based on when work commenced.
The proposal also aims to strengthen data protection for platform workers, prohibiting processing of data relating to emotional state, private communications, biometric information, or the predicted exercise of fundamental rights. Platforms must conduct data protection impact assessments prior to introducing processing systems and must consult workers or their representatives. Given the increasing prevalence of algorithmic management, detailed transparency obligations are imposed. Platforms must inform candidates, workers, representatives, and authorities about how automated monitoring and decision-making systems operate, the data they use, and the rationale behind key decisions, including suspension or termination. Human oversight is mandatory: platforms must regularly review the impact of automated decisions, ensure qualified staff supervise such systems, and guarantee that any decision to restrict or end a contract is made by a human. Workers are entitled to receive explanations and request a review, with strict deadlines for response and correction. Platforms must report information to the Labour Inspectorate, including the number of workers, average working hours and income, and the intermediaries involved. In disputes over employment status, the Inspectorate performs a conciliation role, with expedited court procedures available where necessary.
The proposal introduces protections against retaliation for workers who make complaints or bring proceedings. Dismissals or detrimental treatment linked to such actions are void, and part of the burden of proof shifts to the platform. Enforcement is entrusted to the Labour Inspectorate and the data protection authority, with administrative fines ranging from €1,000 to €25,000 per worker (potentially doubled for repeat offences) and the possibility of work stoppages in serious cases.
Updates (1)
The following recent changes to this legislation have been recorded.
- 17 September 2026
At the Labour Committee on 6 May 2026 the Labour Minister, Marc Spautz, said he is still working on his own projet de loi, with technical points unresolved, including which court would hear appeals, and that the social partners diverge sharply on how to transpose.
In response, the Minister of Labour Marc Spautz stressed that, in his draft law currently being drafted, certain legal aspects, particularly technical ones, still need to be clarified. In particular, he wonders about the competent court in the event of an appeal: the Labour Court or the administrative courts. He also indicated that he wanted to clarify certain points with the social partners, who, according to the Minister, differ greatly on how to transpose the directive into national law. During the discussions, a representative of the Ministry pointed out that the Ministry's bill is in line with the bill tabled by the opposition MP on certain points.
- Keywords
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algorithmic management,
employment status,
regulatory changes
- Actors
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Government
- Sector
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No specific sector focus
Sources
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On November 11th 2024, the new EU directive 2024/2831 on improving working conditions in platform work was published in the Official Journal of the EU. It ented into force on …
Luxembourg
