New in 2018

Article – Publié le

Several new legal and regulatory provisions applying directly to citizens will enter into force in 2018.

Below is an overview of the main changes that will have a direct impact on ordinary citizens. The list is not exhaustive.

Housing aid

Entry into force: 1 January 2018

Changes in certain parameters of the housing-aid scheme will bring the number of eligible households up to 35,020.

Useful links:

Summary of the work of the Government Council as at 26 July 2017 (French)

Summary of the file on the website of the Chamber of Deputies (French)

Leave for personal reasons and leave for family reasons

Entry into force: 1 January 2018

Amongst other things, the new law will extend paternity leave from 2 to 10 days.  All working fathers may take at least 10 working days of paternity leave around the date of their child's birth. That leave will be paid as a normal leave period. Employees entitled to paternity leave must give their employer 2 month's notice, informing them of the dates and conditions of the leave they intend to take. The same provisions apply in the event of the adoption of a child under the age of 16.

The law will also increase the number of days of leave for personal reasons to which parents are entitled in the event of the death of a minor child from 3 to 5 working days.

Useful links:

Summary of the work of the Government Council as at 18 October 2017 (French)

Summary of the file on the website of the Chamber of Deputies (French)

Cost-of-living allowance

Entry into force: 1 January 2018

The regulation renews the payment of a cost-of-living allowance to low-income households in 2018. Family allowances, back-to-school benefit and childbirth benefit are no longer taken into consideration in calculating the household's total income. The amounts of the cost-of-living allowance remain unchanged from those in force in 2017.

Useful link:

Summary of the work of the Government Council as at 10 November 2017  (French)

Reform of long-term care insurance

Entry into force: 1 January 2018

The main objectives of this reform are: to better tailor, to each recipient, the provision of high-quality service, catering to the daily needs of each person; to improve quality by imposing clear standards and criteria, and adequate checks; to simplify procedures and defragment the system in line with social changes, and in accordance with the fundamental principles of the original law passed in 1998.

Useful links:

Presentation of the long-term care insurance reform by Minister Romain Schneider (French)

Summary of the file on the website of the Chamber of Deputies (French)

Publication in the Official Journal of the Grand Duchy of Luxembourg  (French)

Taxes on real-estate capital gains

The 10.5% tax on real-estate capital gains has been extended until 31 December 2018.

Useful links:

Luxembourg Inland Revenue (ACD) website (French)

Summary of the file on the Chamber of Deputies website (French)

Date of legislative elections for 2018

The date of the next legislative elections is set for 14 October 2018.

Useful link:

Summary of file on the website of the Chamber of Deputies (French)

Protection of data of natural persons

Entry into force: 25 May 2018

New rules relating on the protection of natural persons with regard to the processing of personal data and on the free movement of such data will be applicable as of 25 May 2018.

To give natural persons control over their personal data, the law on the protection of natural persons with regard to the processing of personal data provides for greater security, in both legal and practical terms, for natural persons, economic operators and the public authorities.

Useful links:

Summary of the file on the Chamber of Deputies website (French)

Find the European Union regulation on Eur-lex

In the pipeline

At the time of publication of this article, the changes listed below were still making their way through the legislative process.

Electoral law

Legislative process under way. Entry into force planned for the next elections in 2018, i.e. 14 October 2018

To simplify the electoral process, postal voting will be available to any and all electors who request it. Applications can be made through MyGuichet.lu.

It is also possible to register on the electoral roll through MyGuichet.lu.

Useful links:

Summary of the work of the Government Council as at 10 February 2017 (French)

View the progress of the legislative process on the website of the Chamber of Deputies (French)

Administrative procedures on Guichet.lu

Social Inclusion Income (Revenu d'inclusion sociale - Revis)

Legislative process under way

The Revis replaces the guaranteed minimum income (GMI). It is intended as a means of promoting social inclusion and combating poverty. Furthermore, the planned introduction of the condition of being registered as a jobseeker with ADEM means that ADEM will be the primary interlocutor for applicants for the Revis. The National Solidarity Fund (Fonds national de solidarité – FNS) becomes the only competent organisation for the investigation, authorisation and management of Revis applications and payments. The Revis will be divided into 2 components, ie., a social inclusion benefit and an activation benefit.

Useful links:

Summary of the work of the Government Council as at 21 December 2016 (French)

View the progress of the legislative process on the website of the Chamber of Deputies (French)

Language system

Legislative process under way

German Sign Language will be granted official status in the Grand Duchy of Luxembourg.

Useful links:

Summary of the work of the Government Council as at 5 May 2017 (French)

View the progress of the legislative process on the website of the Chamber of Deputies (French)

Mention of gender and first name(s) in the civil status

Legislative process under way

The rights of transgender and intersex persons are strengthened through the creation of a legal framework permitting the gender and associated forename(s) appearing in the civil status to be changed. The current legal procedure will be replaced by a quicker, more easily accessible administrative procedure.

Useful links:

Summary of the work of the Government Council as at 12 May 2017 (French)

View the progress of the legislative process on the website of the Chamber of Deputies (French)

Penal code

Legislative process under way

The offence of deliberately endangering the safety of others is to be added to the Luxembourg penal code. The sentences handed down may include imprisonment and fines.

Summary of the work of the Government Council as at 18 October 2017 (French)

View the progress of the legislative process on the website of the Chamber of Deputies (French)