labour law luxembourg

Your partner in labour & employment law in Luxembourg CASTEGNARO is active both in litigation and counsel for all aspects of the employment relationship. 0000230665 00000 n {.X�ſ-X�N�է"}��

Employees in sickness, pregnancy, maternity, paternity or parental leave cannot be dismissed (not even for gross misconduct). Generally, but not necessarily, a judgment is rendered one or two months after the pleadings have taken place (confirming or overruling the first judgment). However, for collective dismissals, the decision to dismiss is limited and submitted to prior negotiations with the employees’ representatives. The statutory notice period (that applies to any dismissal) is:The length of the notice may be doubled by collective agreement, such as in the bank and insurance sectors. If the employee requests the grounds for dismissal (within one month upon receipt of the dismissal letter), the employer must (within one month upon receipt of such request) provide the grounds for dismissal by registered letter to the employee.

All lawyers at Dupong, Krieps, Du Bois & Dias Videira work as a team. Unions acquire recognition as a national representative body of employees through an election process at the chamber of employees, where at least 20% of the votes must be in their favour.

If the employer fails to comply with its legal obligation in the context of collective dismissals, employees may take legal action to claim damages either for unfair dismissal or for the dismissal to be declared null and void.The Labour Code recognises non-competition clauses and establishes the conditions for such clauses to be valid. Appeal decisions are subject to cassation, which is a formal procedure that is strictly limited to questions of law and an analysis of whether the court of appeal applied the law correctly. Home Working in Luxembourg Labor Law Labour law in Luxembourg: Ending employment Last update on June 15, 2020 If you’re working in Luxembourg, here’s a guide to help you if you need to end an employment contract in Luxembourg. 0000002809 00000 n Any infringement of an agreement (which is binding for the parties thereto) may be referred to the labour courts. Such motivation letter must allow the employee to know and verify the accuracy of the grounds for dismissal and consider the opportunity of a judicial action for unfair dismissal.

Based on the duty of loyalty, along with specific criminal law provisions, employers’ trade secrets are also protected. x�c```b`` ``e`�Pfb@ !6 da�x�����A��� (���pgɕ4�p}`��0G!�wKԁ�5���:[�pNb�ϰBAf ���;�lDZ�0f���?,�q��HJ However, recent case law shows that labour courts are more likely to admit validity of restrictive covenants with financial compensation in return.

Although not expressly provided by law, dismissals/restructuring (in particular collective redundancies) occurring further to a business sale may trigger a risk of requalification. %PDF-1.7 143 0 obj /H [ 1360 680 ] An oral procedure applies to employment-related complaints ruled by labour courts. /Info 141 0 R Privacy rights for employees must be balanced with an employer’s general right to monitor employee performance.

When these conditions are met, the employer must apply strict rules and negotiate a social plan. >> Unless it aims to restrict employment activity with a competitor of the employer, no financial compensation is required. The decision to dismiss is the corollary to the employer’s management power over his company and is subject to the existence of a serious ground to terminate the employment.

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