This information is not intended to be exhaustive, and reference should be made to the Collective Agreement for further details.
This document is merely for information, and only the officially published legal texts and Collective Agreement have legal authority.
On 26 April 2007, the two sides of industry, with cross-industry representativeness at European level, signed a framework agreement on harassment and violence at work on the basis of Article 155 of the Treaty on the Functioning of the European Union (formerly Article 139 of the Treaty establishing the European Community).
On the basis of this framework agreement, the two sides of industry in Luxembourg concluded the Agreement of 25 June 2009 on harassment and violence at work, the provisions of which, which were declared to be a general obligation by the Grand-Ducal Regulation of 15 December 2009, are binding on all employers in Luxembourg and on all employees, apprentices, trainees and pupils and students employed during school holidays.
On April 5, 2023, the law of March 29, 2023, amending the Labor Code to introduce a system for protection against moral harassment in the workplace was published in the Official Journal. These new provisions, which came into force on April 9, 2023, add a new Chapter VI to Title IV of Book II of the Labor Code, titled "Chapter VI - Moral Harassment."
The collective agreement regarding moral harassment and workplace violence remains applicable and coexists with the legal provisions concerning moral harassment in the workplace.
However, it is important to note that any provision in a collective agreement that contradicts laws and regulations is void, unless it is more favorable to the employees.
Therefore, the provisions of the collective agreement relating to moral harassment and workplace violence that are more favorable to employees take precedence over the legal provisions.