Hiring an extra for a restaurant or hotel in Luxembourg

General information, accurate at the date shown: it does not replace legal, social-security or tax advice for your situation. Check the official sources quoted or ask a professional (lawyer, accountant).

An extra is an employee

An extra works under the venue’s authority: hours, dress code, instructions, organisation of the service. That is the very definition of an employment contract according to Guichet.lu (subordination). As a rule, an extra therefore cannot “invoice” like a freelancer.

Step 1 — Declare the vacancy to ADEM

Guichet.lu states that an employer who wants to recruit must declare the vacancy to ADEM before publishing the job offer. For a one-off need, ask ADEM about the applicable arrangements.

Step 2 — Sign a written contract

This is usually a fixed-term contract (CDD). According to Guichet.lu, it must be in writing (otherwise it is presumed open-ended), concluded for a specific, non-permanent task, and state its purpose. The law lists the cases where it may be used, including seasonal work (at most 10 months in any 12 according to Guichet.lu) and jobs for which it is customary not to use open-ended contracts. A waiting period applies between two fixed-term contracts for the same position, in principle one third of the previous contract’s duration.

Askfreelance provides a contract template: have it checked and adapted to your situation.

Step 3 — Declare the start of employment to the CCSS

The employer declares every employee to the CCSS. Guichet.lu specifies that start-of-employment declarations must reach the CCSS within 8 days of the event; beyond a 30-day tolerance period, a fine of 50 euros per month of delay may be applied, capped at 2,500 euros. According to the CCSS instructions, the “occasional employment” box covers a fixed-term contract of no more than three months per calendar year, with an exemption request.

Step 4 — Pay at least the social minimum wage

The employee must receive at least the social minimum wage, whose amount depends in particular on age and qualifications and changes with wage indexation. Check the current amount on Guichet.lu at the time of hiring. The sector’s collective agreement, where it applies, may provide for more: ask the HORESCA federation.

Step 5 — Follow the sector’s working-time rules

The Inspectorate of Labour and Mines (ITM) publishes a brochure for the HORECA sector (working time, rest, night and Sunday work, etc.). Read it before drawing up rotas.

On-the-day checklist

• contract signed by both parties, a copy given to the extra;
• start-of-employment declaration sent to the CCSS;
• hours, breaks and dress code communicated in writing;
• hours actually worked recorded for payroll.

And on Askfreelance?

You post the job and we put you in touch with available extras. The venue remains the employer; Askfreelance files no declarations on your behalf and takes no commission. See also Hospitality extras in Luxembourg.

Frequently asked questions

See also

• Writing a clear freelance brief: method and template
• Cross-border workers and freelancers: working with Luxembourg from the Greater Region
• Hospitality (HORECA) extras in Luxembourg
• Event staff and freelancers in Luxembourg
• All guides