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?

Yes.

An undertaking which posts workers to Luxembourg territory for a period exceeding 12 months becomes subject, as from the 13th month, to all legislative, regulatory and administrative provisions and to those deriving from collective agreements declared to be generally binding or from an agreement reflecting inter-professional social dialogue declared to be generally binding, in respect of work and employment, with the exception of the following matters:

  1. all procedures, formalities and conditions governing the signing and termination of employment contracts, including non-competition clauses;
  2. supplementary pension schemes.

In the event of replacement of a posted worker by another posted worker performing the same tasks in the same place, the posting period of 12 months corresponds to the aggregate of the periods of posting of each of the posted workers concerned.

The term “the same tasks in the same place” shall be applied in the light, among other things, of the nature of the service to be provided, the work to be carried out and the address or addresses of the place of work.

Where the service provided justifies this, the period of 12 months shall be increased to 18 months in response to a duly reasoned notification from the undertaking, sent before the expiry of the period of 12 months to the ITM via the electronic platform intended for that purpose.

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