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Unlike the employee, who may choose between several courts, the employer may bring his proceedings against an employee only before the courts of the Member State in whose territory the employee resides.

Yes. As the theory based on the fiction of extraterritoriality of diplomatic missions was abandoned a long time ago, it must be concluded that work carried out inside a diplomatic mission is to be regarded as having been carried out...

The Rome Convention of 19 June 1980 on the law applicable to contractual obligations (approved by Luxembourg by a Law of 27 March 1986), which entered into force on 1 April 1991 and applies to contracts concluded between 1 April...

When the probationary period expires, the parties may not, even by mutual consent, agree to renew or extend the probationary period. However, the probationary period may be extended in the event of sickness or if the employee takes leave for...

Where the dispute is between a claimant and a defendant residing in a third country, the rules determining the applicable jurisdiction are laid down: either by a bilateral agreement between the States concerned; or, if there is none, by the...

The probationary period starts to run from the date on which the employee actually commences work. In no circumstances may the parties agree to defer the date of commencement of the probationary period.

A probationary period shorter than or equal to one month must be indicated as a number of full weeks. Examples 2 weeks; 3 weeks; 4 weeks. Examples 2 months; 3 months; 4 months; etc. Nota bene For fixed-term contracts, the...

Starting point of the notice period The date to be taken into account for termination of the contract during the probationary period is the date on which the employer has expressed his will to rescind the contract, that is to...

No. A probationary period of irregular duration is not void in its entirety but remains valid for the maximum legally authorised duration, the probationary clause being void only for the period in excess.

Termination during the probationary period must be effected: in writing; and by registered letter or by personal delivery of a double copy to the other party for signature to acknowledge receipt. A copy of the termination letter signed by the...

No. Leave in order to seek new employment does not apply to termination of a probationary contract. During the probationary period an employment contract has not yet been created in due and proper form and the rules applicable to employment...

During the probationary period, the notice period starts to run on the day of notification (and thus of dispatch) of the resignation letter. The period of notice is calculated in calendar days and not working days. The notice period must...

An employer whose registered office is within the territory of a Member State may be sued, regardless of his/its nationality: before the courts of the Member State where he/it has its registered office; or in another Member State: before the...

No. The probationary clause (probationary period) may not be renewed, even by mutual consent.