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Skills domains
Topic(s)
- D01 - Employment contracts
- D02 - Other contracts
- D03 - Probationary period
- D04 - Remuneration
- D05 - Working hours
- D06 - Sickness
- D07 - Employment of persons who are pregnant, or have recently given birth or are breastfeeding
- D15 - Posting of employees
- D17 - Délégations du personnel et conventions collectives
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D2a14 - What is the maximum duration of an assignment contract?
With the exception of a seasonal contract, the duration of an assignment contract may not exceed 12 months, for the same worker and the same work post, including renewals. Nota Bene An assignment contract concluded in breach of those provisions...
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D2d17 - What is the situation where an internship agreement is concluded on a part-time basis?
In the case of a part-time internship agreement, both for internships provided for by a Luxembourg or foreign educational institution and for practical internships with a view to acquiring vocational experience, the maximum period of the training is calculated in...
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D2a23 - In what cases it possible to have recourse to temporary employees?
An employer may recruit temporary workers only for the performance of a precise and not permanent task. Recourse to temporary workers must not pursue the aim of filling, on a continuing basis, a post linked to the normal and permanent...
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D2c1 - May a student be employed outside school holidays?
It is possible to conclude the following contracts: The fixed-term “student” contract: The law allows pupils and students from the age of 16 to enter into a fixed-term “student” contract, in accordance with Article L. 122-1, paragraph 3, point 5...
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D2d20 - Can an internship contract be assimilated to an employment contract?
An internship in a company, although constituting a work placement does not give rise to the conclusion of an employement contract. In fact, there is no subordinate relationship between the intern and the employer. The intern is simply under the...
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D2c7 - May students employed under a fixed-term "student" contract (CDD) be granted the rights relating to statutory public holidays?
Given that the law allows pupils and students to enter into a CDD, the weekly duration of which may not exceed an average of 15 hours, over a period of one month or of 4 weeks, the latter may also,...
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D2f4 - What must an employer do to recruit a job-seeker via an employment initiation contract?
To be able to recruit a young job-seeker through a CIE, the employer must send his request to the youth employment officer at the ADEM. He attaches a description of the tasks to be performed as well as a profile...
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D2d5 - By whom must internship agreements set up in connection with education be signed?
The internship agreement is signed by the intern, his legal representative where he is a minor, by the internship supervisor and, if appropriate, by the educational institution.
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D2d14 - Is it possible to assign a pupil or student undertaking an internship to tasks requiring an output comparable to that of a normal employee?
No. Both internships provided for by a Luxembourg or foreign educational institution and practical internships with a view to acquiring vocational experience must seek to provide information, guidance and vocational training and not to assign the pupil or student to...
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D2g2 - Does an embassy enjoy absolute immunity from jurisdiction?
No. To the extent to which States now carry on economic activities at both international and national level, the principle of the absolute immunity of States from jurisdiction was abandoned some time ago. Today, immunity from jurisdiction is granted to...
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D2e3 - What is the status of the person who is to receive training?
The status of the person to be trained depends on the contract underlying the apprenticeship. The person to be trained has the status of: an apprentice in the case of an apprenticeship contract; a trainee pupil in the case of a traineeship agreement.
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D2f1 - What is to be understood by an employment initiation contract?
The employment initiation contract (contrat d’initiation à l’emploi - CIE) is a contract concluded between a company (called the promoter), a young job-seeker registered with the ADEM for at least 3 months and aged under 30, and the ADEM. The...
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D2f7 - How can the employer terminate an employment initiation contract?
A promoter who wishes to terminate a CIE during the first 6 weeks of the initial contract must: give notice of the termination of the CIE by registered letter; observe an 8-day notice period. A promoter who wishes to terminate...
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D2g5 - May the host state control the working conditions of the employees of an embassy?
The inviolability of embassies is guaranteed by Article 22 of the Vienna Convention on diplomatic relations. It follows that agents of the host state are not entitled to enter the premises without the consent of the head of the mission.
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D2h3 - What is to be understood by “binding provisions”?
Binding provisions are public policy provisions which form the overriding mandatory rules of a State. They are provisions from which the parties to a contract may not derogate. When the law of a particular State is applied, it is possible...