Cross-border night work: rights and compensation

Definition and Criteria of Night Work
Night work generally covers hours worked between 9:00 p.m. and 7:00 a.m., with minimum periods of 7 to 9 hours depending on the sector. An employee is considered a night worker if they regularly work at least 3 hours of night work per day, twice a week, or a total of at least 270 hours over 12 months, subject to collective agreements and legal exemptions.

Your Rights: Compensatory Rest and Wage Compensation
Night workers benefit from compensatory measures for hours worked at night, mainly in the form of paid compensatory rest. Additional wage compensation may also apply, where applicable.

These rules are mandatory, except for certain specific sectors, such as radio, television, nightclubs, or activities related to the press, audiovisual and film production, as well as live performance. In these cases, compensatory night rest is not mandatory if the employee works less than 35 hours of night work per week.

The calculation of annual compensatory rest is based on the hours of night work performed and according to the scale defined by your collective agreement or company agreement. To know the precise rules applicable to your situation, it is therefore recommended to refer to your company agreement or collective agreement.

Definition and Criteria of Night Work
In Luxembourg, an employee is considered a night worker when they meet one of the following conditions:

• They work at least 3 hours of their daily working time during the night period.
• They work partially at night according to a national, sectoral, or collective agreement for more than 25% of their annual working time.

The night work period is defined as the hours worked between 10:00 p.m. and 6:00 a.m.

Your Rights: Night Work Salary Supplements
In principle, each hour of night work entitles the employee to a wage supplement.

This supplement cannot, in principle, be less than 15% of the hourly wage. However, in the hospitality sector, an exemption provides a minimum of 25% for hours worked between 1:00 a.m. and 6:00 a.m.

Note: company agreements or collective agreements may provide higher supplements, which take precedence over these legal minimums.

Definition and Criteria of Night Work
In Germany, night work covers the period from 11:00 p.m. to 6:00 a.m. An employee is considered a night worker if they work more than two consecutive hours during this time frame.

Your Rights: Night Work Compensation
When no specific provision is set out in the collective agreement, the employer must account for the hours of night work either by:

• an appropriate number of paid leave days, or
• an adequate increase in gross salary.

The law does not specify the exact amount of this compensation; it is up to the parties to the employment contract and social partners to decide what is appropriate. In making this assessment, factors such as the difficulty or workload may be considered to determine the compensation.

Definition and Criteria of Night Work
In Belgium, night work is generally prohibited, but the law and royal decrees provide exceptions for certain sectors and professions, such as hospitality, pharmacies, or healthcare facilities (non-exhaustive list). Night work is considered to include all hours worked between 8:00 p.m. and 6:00 a.m.

Your Rights: Minimum Legal Premium
In Belgium, night work does not automatically entitle the employee to a wage increase: night hours are generally paid at the same rate as daytime hours. However, some sectors may have collective agreements or company agreements that provide additional pay for night hours.

Furthermore, when work is regularly performed between midnight and 5:00 a.m., a minimum legal premium applies in the absence of a more favorable agreement. Since February 1, 2025, this premium amounts to €1.48 per hour for employees under 50 years old, and €1.78 per hour for those aged 50 and above.