The Council of State has backed trade union concerns by criticising government proposals to extend Sunday working hours and shop opening times, warning they risk undermining labour conditions and social dialogue.
The proposed new regulations on Sunday work and shop opening hours have sparked considerable debate in recent months. Trade unions and the parliamentary opposition in particular have not held back in their criticism of the draft laws put forward by the coalition government comprised by the Christian Social People's Party (CSV) and the Democratic Party (DP).
DP Economy Minister Lex Delles presented the draft bill on greater flexibility in shop opening hours in January this year, while CSV Labour Minister Georges Mischo had presented a bill aiming to double permitted Sunday working hours in October 2024.
Mischo's draft bill foresees extending Sunday shop hours from four to eight hours, along with a 70% wage increase for any additional hours worked on Sundays. According to the Ministry of Labour, the aim was to reflect evolving societal and workplace trends, while ensuring workers are fairly compensated and their work-life balance respected.
However, unions and opposition figures have voiced concerns that the reforms risk undermining labour conditions and eroding the foundations of social dialogue. Now, the State Council has issued its opinion – and it supports the unions.
In response to Lex Delles' bill on shop opening times, the Council of State raised three formal objections. One key issue is the provision allowing opening hours to be extended without any set limits. The Council of State believes the law should define clear parameters.
The opinion also questions whether large retailers might benefit more from the new flexibility than smaller shops, as they are better equipped to take advantage of it. Furthermore, the draft law fails to consider consumer habits or how more flexible opening times could affect shopping behaviour, according to the high advisory body.
Regarding Mischo's bill on increasing Sunday work, the State Council emphasised that the potential impact on workers' well-being and family life should not be underestimated. It argues that any increase in Sunday work – and the way it is implemented – should be negotiated between social partners rather than imposed by law.
The current legislation already allows Sunday work to be extended through collective agreements. The new draft would therefore represent a step backwards, as it would allow working hours to be increased without prior negotiation, according to the Council of State.
