Yes.
A judgment of the Court of Appeal decided that the foreign law (that is to say the law of the State to which the worker is posted) and the foreign collective agreement constitute mandatory provisions within the meaning of Article 7 of the Rome Convention of 19 June 1980, in so far as they prescribe that minimal protective provisions in favour of a worker are to apply to the employment relationship between parties which is governed in the other respects by Luxembourg law.
Thus, where the provisions of Luxembourg laws or agreements conflict with the provisions of foreign laws or agreements, in that they would deprive a worker posted abroad of an advantage available to him under the latter provisions, the Luxembourg provisions cannot be applied in such cases.
In fact, the grant of that advantage cannot be regarded as discriminatory by comparison with an employee working in Luxembourg, since that advantage would be justified by the difference in their situations and also the foreign provisions pursue the aim, in the same way as Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996, of ensuring equal treatment for all workers, posted or otherwise, working abroad and all employers, whether or not established abroad, providing services there.