1. Brief Description of Anti-Discrimination Laws The law of 28 November 2006 transposes into Luxembourg law two European directives (Directive 2000/43CE and Directive 2000/78CE). This law has amended the Luxembourg Labour Code and introduced in book II of the Code a new title V relating to equal treatment in employment and occupation. The law of […]
Nov
16
2016
Authorisations for Foreign Employees in Luxembourg
1. EEA Nationals All EU citizens enjoy freedom of movement within the EU and the European Economic Area (European Union and Iceland, Norway and Lichtenstein – EEA) as well as Switzerland. This freedom of movement gives them the right to work and reside in any EU Member State for less than 3 months. Nationals of […]
Nov
16
2016
Employee Rights When an Undertaking is Transferred in Luxembourg
1. Employees’ Rights In case of a business transfer, all employees, rights and duties arising from an employment relationship with the seller that already existed on the date of the transfer are automatically transferred to the buyer. After a transfer of undertaking, employees are, as the case may be, protected against the termination or the […]
Nov
16
2016
Employers Associations and Trade Unions in Luxembourg
1. Brief Description of Employees’ and Employers’ Organizations In Luxembourg, the employees’ representation takes place on two levels: mandatory and voluntary. On the one hand, the registration in one of the professional chambers is mandatory. On the other hand, both employees and employers may be members of a trade union on a voluntary basis. The […]
Nov
16
2016
Employment Contracts in Luxembourg
1. Minimum Requirements The employment contract is individual and must exist in writing from the start of the employment. There must be two copies of the contract: one for the employer and one for the employee. Only the employee has the right to establish by any means the existence of the contract in the event […]
Nov
16
2016
Hiring Practices in Luxembourg
In Luxembourg, before recruiting an employee and drawing up an employment contract, employers must first submit a declaration of vacant position to the National Employment Administration. During the recruitment process, the employer may use different techniques such as a job interview or a selection test. Also, an excerpt from the criminal record may be requested […]
Nov
16
2016
Restrictive Covenants in Luxembourg
1. Definition of Restrictive Covenants The sole restrictive covenant that is regulated by the Labour Code is the non-compete clause. With this type of clause, the employee shall refrain from engaging in any independent activities, which correspond to those of his/her former employer and which compromise the employer’s interests following the end of his/her employment. […]
Nov
16
2016
Social Media and Data Privacy in Luxembourg
1. Can the employer restrict the employee’s use of Internet and social media during working hours? The employer can restrict the employee’s use of Internet and social media during working hours (ideally by including such a provision in the employment contract or an internal regulation). The employer may take disciplinary action should an employee not […]
Nov
16
2016
Social Security / Healthcare / Other Required Benefits in Luxembourg
1. Legal Framework The Luxembourg social security system has been codified by the law of 13 May 2008 into a single unified system. The CNS (Caisse Nationale de Santé) and the CNAP (Caisse Nationale d’Assurance Pension) are the two national health-care and pension insurance administrative units. A central administrative unit called CCSS (Centre Commun de […]
Nov
16
2016
Termination of Employment Contracts in Luxembourg
1. Termination of employment contracts Mutual agreement Resignation by the employee Dismissal during trial period Dismissal with notice for real and serious cause based on the employee’s attitude Dismissal for gross misconduct (faute grave) Redundancy Closure of business Retirement Employee’s work incapacity Death of one party to the contract 2. Collective Dismissals The collective redundancy […]
Nov
16
2016
Working Conditions in Luxembourg
1. Minimum Working Conditions The Labour Code provides for minimum working standards. The parties to the employment contract may only deviate from the Labour Code in a way more favourable for the employee. Senior executives are excluded from the application of certain rules (for instance, the rules on working time). The Labour Code defines senior […]