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D15a - Posting of employees from abroad to the Grand Duchy of Luxembourg
- D15a1 - What is to be understood by “posting of employees”?
- D15a2 - What is to be understood by a “posted worker”?
- D15a3 - What are the preconditions for a company to be able to post employees to Luxembourg territory?
- D15a4 - What is the situation where doubts exist as to the reality of the posting or as to whether the posting company carries on a genuine and substantial activity in its country of origin?
- D15a5 - What purpose is served by the legal stipulations on the posting of workers in the context of a provision of services?
- D15a6 - What are the provisions applying to posting undertakings and posted workers to the territory of the Grand Duchy of Luxembourg?
- D15a7 - Is a company established abroad which, in connection with a cross-border provision of services, posts employees to Luxembourg territory required to make a posting declaration to the ITM?
- D15a8 - Is an undertaking which is established abroad and which, in connection with a cross-border provision of services, posts workers to the territory of the Grand Duchy of Luxembourg, required to keep certain documents for the duration of the posting at the workplace of the posted worker or in any place accessible to the reference person?
- D15a9 - Must posted workers have a social badge if they are employed within Luxembourg territory?
- D15a10 - In what language must the information and documents regarding posting be communicated to the ITM?
- D15a11 - From which authority may the posting company obtain a residence permit or work permit for third-country nationals?
- D15a12 - Do the provisions on the posting of workers apply to all economic sectors?
- D15a13 - What are the exceptions applying to works for the initial assembly or first installation of a good?
- D15a14 - Do the provisions regarding posting apply to self-employed workers?
- D15a15 - Is an undertaking which performs several provisions of services on the same day at different workplaces in Luxembourg exempted from the requirement of making a new posting declaration on each occasion to the ITM?
- D15a16 - Must a posting declaration be made even where the activity in Luxembourg lasts only a few hours on a single day?
- D15a17 - Is an authorisation issued by the ITM to the posting undertaking following a posting declaration?
- D15a18 - What is to be understood by "reference person"?
- D15a19 - Must the precise contact details of the reference person be disclosed to the ITM?
- D15a20 - What is the responsibility of the reference person?
- D15a21 - Is a temporary employment agency established abroad required to make a posting declaration?
- D15a22 - What are the verification obligations of the service provider which contracts with a posting undertaking or uses the services of a direct subcontractor?
- D15a23 - What are the obligations of injunction and information of the service provider which uses the services of a direct subcontractor?
- D15a24 - What are the competent monitoring authorities regarding compliance with the conditions associated with posting?
- D15a25 - What is the national authority responsible for supervising the posting of workers?
- D15a26 - What penalties are available regarding the posting of workers?
- D15a27 - What is to be understood by “cross-border enforcement of penalties and financial administrative fines”?
- D15a28 - What is the meaning of “financial administrative penalty or fine”?
- D15a29 - What information must be included in requests for enforcement and notification of a penalty or fine which are sent to the Grand Duchy of Luxembourg by another Member State?
- D15a30 - May a request for an enforcement or notification of a penalty or fine be rejected by the ITM?
- D15a31 - What happens when a challenge or appeal is brought abroad by the provider of services concerned during the procedure for enforcement or notification?
- D15a32 - What happens if a request for enforcement or notification of a penalty or fine is sent to the Grand Duchy of Luxembourg by another Member State?
- D15a33 - May a request for enforcement or notification of a penalty or a fine be sent by the Grand Duchy of Luxembourg to another Member State?
- D15a34 - What protection is afforded to posted workers in the event of legal action to enforce their rights?
- D15a35 - Before what Courts can posted employees enforce their rights?
- D15a36 - Can trade union organisations enforce before the courts rights granted to posted workers?
- D15a37 - Is an undertaking which posts workers to Luxembourg territory for a period exceeding 12 months required to apply all the provisions of the Labour Code?
- D15a38 - Must allowances directly linked to the posting (or a posting allowance) be regarded as forming part of remuneration?
- D15a39 - Is a user undertaking which uses the services of a temporary worker required to inform the temporary work agency about the posting of that temporary worker and the conditions applicable in Luxembourg regarding work and employment?
- D15a40 - What are the conditions for the accommodation of a worker working away from his habitual workplace?
- D15a41 - What is to be understood by “dwelling”, “room” and “collective facilities”?
- D15a42 - What is to be understood by “occupant”, “manager” and “owner”?
- D15a43 - May workers be accommodated at the work place or on site?
- D15a44 - Have the costs relating to accommodation in dwellings and rooms rented out or made available for residential purposes by the employer to workers away from their usual place of work to be borne by the employer?
- D15a45 - Which cleanliness and hygiene criteria apply to dwellings and rooms rented out or made available for residential purposes by the employer to workers away from their usual place of work?
- D15a46 - Which safety criteria apply to dwellings and rooms rented out or made available for residential purposes by the employer to workers away from their usual place of work?
- D15a47 - Which habitability criteria apply to dwellings and rooms rented out or made available for residential purposes by the employer to workers away from their usual place of work?
- D15a48 - What are the obligations of injunction and information of the service provider which uses the services of a direct subcontractor regarding accommodation of a worker away from his usual place of work?
- D15a49 - Is the undertaking which makes a dwelling or room available to workers away from their usual place of work required to keep a register up to date?
- D15a50 - What are the penalties regarding accommodation of workers away from their usual place of work?
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D15b - Secondment of employees from abroad to the Grand Duchy of Luxembourg: specific rules for employees performing mobile activities in road transport
- D15b1 - Which transport undertakings are covered by the application of the specific rules on posting?
- D15b2 - Apart from the specific rules, do other rules apply in the event of the posting of employees engaged in mobile road transport activities?
- D15b3 - Which situations do not constitute posting of employees engaged in mobile road transport activities?
- D15b4 - How is the 12-month period of posting calculated in the context of the posting of employees engaged in mobile road transport activities?
- D15b5 - Is an undertaking established abroad which posts employees engaged in mobile road transport activities on Luxembourg territory required to make a declaration of posting to the ITM?
- D15b6 - What documents must a mobile employee posted to Luxembourg hold when on Luxembourg territory?
- D15b7 - In the event of an express request from the ITM, what documents must be forwarded by the undertaking posting mobile employees to Luxembourg?
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D15c - Posting from Luxembourg abroad
- D15b1 - What are the steps to be taken in the event of posting from Luxembourg to another Member State of the European Union (EU)?
- D15b2 - What is the labour law legislation applicable when workers are posted to the territory of another Member State?
- D15b3 - Is an employer required to ensure application of a more favourable foreign law to his workers in the event of posting abroad?
