Filter results
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
-
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?
Yes. The undertaking established abroad and which, in connection with a cross-border provision of services, posts workers to Luxembourg territory, is required, as soon as work commences on Luxembourg territory, without prejudice to an earlier declaration decided upon by the...
-
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?
Yes. At the latest from the start of the posting on Luxembourg territory, the posting undertaking must submit a declaration of posting, using a standard multilingual form from the public interface connected to the Internal Market Information System, hereinafter referred...
-
D15a11 - From which authority may the posting company obtain a residence permit or work permit for third-country nationals?
A residence permit or a work permit for any employee who is not a national of a Member State of the EU or a Member State of the EEA or of Switzerland (assimilated country) who is posted for a period...
-
D15a17 - Is an authorisation issued by the ITM to the posting undertaking following a posting declaration?
No. No authorisation is issued to the posting undertaking in the event of a posting declaration to the ITM. In order to be able to provide services on Luxembourg territory, it is sufficient for the posting undertaking to make a...
-
D15a20 - What is the responsibility of the reference person?
The reference person, other than the employer, does not assume any form of legal responsibility in connection with his/her/its tasks, which consist only in providing a liaison with the ITM and the other competent authorities with responsibility for ensuring compliance...
-
D15a26 - What penalties are available regarding the posting of workers?
Failure by the posting undertaking to fulfil its obligations regarding the posting declaration, communication of required documents and non-compliance with the obligations of verification, information and injunction by the service provider which uses the services of a direct subcontractor shall...
-
D15a35 - Before what Courts can posted employees enforce their rights?
To enforce their entitlement to the working and employment conditions guaranteed by the posting provisions, posted workers may, even after they have left the territory of the Grand Duchy of Luxembourg, bring legal proceedings before the competent Luxembourg courts, without...
-
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?
Yes. 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 have to be borne by the employer.
-
D15a6 - What are the provisions applying to posting undertakings and posted workers to the territory of the Grand Duchy of Luxembourg?
The legal, regulatory and administrative provisions, and also provisions deriving from collective agreements declared to be generally binding or an arbitration ward of a scope similar to that of collective agreements which are generally binding or from an agreement reflecting...
-
D15b4 - How is the 12-month period of posting calculated in the context of the posting of employees engaged in mobile road transport activities?
For the calculation of the duration of twelve months of posting (mentioned in Article L.141-2 of the Labour Code), the posting ends when the mobile employee leaves the national territory in the course of an international operation for the carriage...
-
D15b3 - Is an employer required to ensure application of a more favourable foreign law to his workers in the event of posting abroad?
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...
-
D15a14 - Do the provisions regarding posting apply to self-employed workers?
No. The provisions regarding posting exclusively apply to employees usually working abroad and, who, in the context of a cross-border provision of services, carry on their work during a limited duration on Luxembourg territory.
-
D15a23 - What are the obligations of injunction and information of the service provider which uses the services of a direct subcontractor?
Where the service provider which uses the services of a direct subcontractor is informed in writing by the ITM of the partial or total non-payment of the statutory or contractual wage due to the workers, or of any other infringement...
-
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?
A request for notification or enforcement of a penalty or fine sent by the requesting authority of another Member State to the ITM shall indicate as a minimum: the name and address of the addressee, that is to say the...
-
D15a3 - What are the preconditions for a company to be able to post employees to Luxembourg territory?
An undertaking established abroad may post its workers to the territory of the Grand Duchy of Luxembourg provided that there is an employment relationship between the posting undertaking and the worker throughout the period of posting. The postings must take...