0000167063 00000 n
The Law inserts a new paragraph into Article L.122-10 stating that any employer contemplating to hire a new …
At present, this longstanding and discriminatory distinction influences a wide range of factors, especially severance pay, overtime and representation.The Administrative Court has clarified the scope of the co-determination obligation for companies with over 1,000 employees. 0000191537 00000 n
The Governing Council has also decided to increase the social inclusion income and the income for those with severe disabilities by the same amount.The Court of Appeal recently considered the conditions under which employers can access their employees' workplace correspondence and use such correspondence as evidence in court. /O 144
/Extensions << /ADBE << /BaseVersion /1.7 /ExtensionLevel 3 >> >>
19, rue de Bitbourg L-1273 Luxembourg Luxembourg Postal address : B.P. /E 234158
/Outlines 138 0 R
0000190792 00000 n
A recent Court of Appeal case addressed the issue of non-compete clauses which extend beyond the legal limits in return for financial compensation.The issue of alcohol in the workplace is often addressed too late – that is, only when the employee is dismissed. /S 1169
The new allowance is available for merchants, artisans and intellectual workers who work as self-employed persons, including insurance agents and brokers, and may be granted regardless of the number of employees.This article provides information for employers with regard to the government's recommendations in the context of COVID-19. Labor Force Participation Rate in Luxembourg averaged 57.49 percent from 1998 until 2020, reaching an all time high of 60.90 percent in the third quarter of 2019 and a record low of 51.40 percent in the second quarter of 1998. The Administrative Court has put an end to this interpretation by holding that the notion of a 'social and economic unit' applies to the Labour Code.The Luxembourg government has recently published its contribution to the debate opened by the European Commission's green paper entitled "Modernizing labour law to meet the challenges of the 21st century". 0000216847 00000 n
The Court of Appeal recently provided guidance on how to draft clauses which specify the employee's role in a fixed-term contract in order to avoid reclassification as an indefinite employment contract.Employees must generally refrain from competing with their employer due to a general obligation of good faith in the execution of the employment contract.
Further, employers no longer have to obtain prior authorisation to monitor employees.In addition to an employee's basic monthly remuneration, employment contracts often provide for the payment of various bonuses or gratuities, the specifics of which can be freely agreed by the parties to the employment relationship.
The bill is intended to reschedule the next Chamber of Employees elections to prevent them from clashing with the legislative elections.In a recent case, an employee sought payment of overtime, which the employer had rejected on the grounds that the employee had been a senior manager at the time. 0000228328 00000 n
Draft legislation on such schemes in the public and private sectors will soon provide the first legal framework for permanent employees who wish to save time for future paid leave or absence.A new law entitles public sector employees and workers that form civil partnerships to the same rights to extraordinary leave as that given to married couples, whether they are Luxembourg residents or cross-border workers. In a recent case, the Court of Appeal fully recognised the binding force of internal regulations on employers and employees – provided that the latter are aware of such regulations.Under certain conditions, frequent absenteeism due to health reasons may constitute a valid reason for dismissal. The minister for labour, employment and the social and solidarity economy and the minister for finance recently issued a joint response to this question.A new law was recently enacted in response to the 2013 government programme which stipulated that the "inequality of pay between women and men will be abolished by the power of the law". It also underlines an employee's obligation to submit a medical certificate by the required date.In the event of a dispute over a salary payment, an employer must be able to show proof of payment to the employee. Union representatives challenged the practice of employing so-called 'fake' senior executives and in December 2016 a parliamentary question was submitted on this matter.