The new law on moral harassment at work in Luxembourg is published
In Luxembourg, there was no legal framework for moral harassment (unlike in the Grand Duchy’s neighbouring countries and unlike sexual harassment, which has had a legal framework in Luxembourg since 2008). A draft law was filed 23 July 2021 in order to provide a legal framework for moral harassment (see our article here). The new […]
Can the employer prohibit the use of mobile phones during working hours?
At a time of debate on the hyperconnection of employees and the consequences for health, some employers may encounter the opposite problem when faced with certain abuses of the use of mobile phones for private purposes during work hours. Faced with this situation, some employers are considering banning mobile phones in the workplace. However, such […]
New draft law on moral harassment at work
In Luxembourg, until now, there was no legal framework regarding moral harassment (unlike Luxembourg’s neighboring countries and unlike sexual harassment for which the legal framework exists in Luxembourg since 2008). The Luxembourgish Courts have, until now, relied on the principle of good faith for execution of contracts or the obligation of the employer to ensure […]
Dismissal for long sick leave
The employer must be able to rely on the employee’s presence at the workplace. However, the employee may be prevented from attending the workplace for health reasons. This does not, in principle, constitute a negligence or a cause for dismissal. The employee is also protected against dismissal if he notifies his employer on the first […]
Is it possible to combine the role of director or manager with the position of employee?
In Luxembourg, there is no clear legal restriction, for the same person, to be the legal representative of a company (e.g. being a director, manager or responsible for the day-to-day management) and to be considered an employee within the same company. Nevertheless, the fact for a director or a manager of a company to have […]
Telework: Can an employee be dismissed with immediate effect for gross misconduct?
In recent months, given the Covid-19 health crisis, a large number of companies have resorted to teleworking, which enabled employees to carry out their work directly from their home. However, the performance of the work from home does not protect the employee from dismissal with immediate effect. As a reminder, a dismissal with immediate effect […]
Full unemployment benefits in Luxembourg: What are the requirements?
A person who is unemployed can, under certain conditions, request the granting of a full unemployment benefit, in order to avoid finding him or herself without revenu overnight. The granting of a full unemployment benefit to an unemployed person is subject to various conditions, ie: 1 be involuntarily unemployed, 2 be domiciled in Luxembourg i) […]
FAQ: Leave for family reasons during the coronavirus health crisis (Covid-19)
Leave for family reasons was initially established in Luxembourg by a law of 12 February 1999. This leave is currently regulated by the Luxembourg Labor Code (articles L. 234-50 et seq. of the Labor Code). In principle, the duration of leave for family reasons is limited to several days, depending on the age of the […]
FAQ chômage partiel en raison du Coronavirus (COVID-19)
Afin d’assister les entreprises et les salariés, nous avons listés ci-dessous certaines des questions fréquemment posées sur les demandes de chômage partiel au Luxembourg. En cas de chômage partiel, quel montant faut-il payer aux salariés ? Pendant la période de chômage partiel : Les salariés qui continuent de travailler ont droit à leur salarié normal au titre […]
Residence permit in Luxembourg for temporary Intra-company transfers (ICT)
Besides introducing a new regime for certain investors, the law of 8 March 2017 (modifying the law of 29 August 2008, the “Law of 2008”) foresees a new status for third-country nationals (“TCN”) in the case of temporary Intra-company transfer (“ICT”). This new law implements the Directive 2014/66/EU on the conditions of entry and residence […]
