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
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D3a14 - May a second contract of indeterminate duration (CDI), in the case of successive contracts, provide for a probationary period?
The Court has held that an interruption of an employment relationship of 3 days in the case of two successive contracts has no effect. In that case it was established that the second contract was merely a continuation of the...
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D3b3 - What period of notice must be observed in the event of termination during the probationary period?
The period of notice in the event of termination during the probationary period is calculated by reference to the duration of the probationary period provided for in the employment contract or by the applicable collective agreement. The periods of notice...
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D3b9 - May the employment contract of an employee who is pregnant be terminated during the probationary period?
The employment contract may not be terminated during the period between delivery to the employer of the sickness certificate attesting to the pregnancy and the expiry of a period of 12 months after birth takes place, including during the probationary...
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D3c1 - May the employment contract be terminated before the start of the probationary period?
As soon as the employment contract is signed, there is a definitive concurrence of will concerning the employment contract intended to take effect on the date agreed between the parties. The employment contract having been formed, the parties are bound...
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D3d5 - May an employee resign during the first two weeks of the probationary period?
No. During the first two weeks of the probation, the employee may not resign, except where serious misconduct has been committed by the employer (for example theft, violence or physical threats). Beyond that period of two weeks, the employment contract...
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D1a9 - When must the employment contract be entered into?
The employment contract must be entered into no later than the time of the employee’s entry into service. In the event of conclusion of the employment contract after the entry into service of the employee, the employment contract can only...
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D4a10 - What should be considered as proof of payment of wages by the employer?
The main obligation of the employee is to perform work and that of the employer is to pay their salary. Pursuant to Article 1315 of the Civil Code, it is therefore incumbent upon the employer who claims to be released...
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D6c7 - Is an employee on a progressive return to work for therapeutic reasons protected against dismissal ?
In our view, an employee benefiting from a progressive return to work for therapeutic reasons is protected against dismissal in the same way as in the case of illness, since a progressive return to work for therapeutic reasons is considered...
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D2b2 - What types of contracts can be concluded with pupils and students during school holidays?
The “student contract”: The employer may conclude a “student contract” with a pupil or student aged between 15 and 27 (up to their 27th birthday), during school holidays, in accordance with Articles L. 151-1 and following of the Labour code....
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D4a5 - May an employee who has been engaged for work which does not call for qualifications claim the social minimum wage (SSM) for skilled workers?
No. For an employee to be able to benefit from the SSM for skilled workers, he must have been recruited to perform work involving a professional qualification usually acquired through teaching or training evidenced by an official certificate, that is...
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D4a12 - What are the minimum wages laid down in collective work agreements?
The employer is required to observe the scales of remuneration laid down in certain collective work agreements. A collective agreement is a contract relating to working relations and conditions. It facilitates the identification of a legal framework which is to...
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D4a18 - May an employer call for the reimbursement of wages that he erroneously paid to an employee?
Article 1376 of the Civil Code makes restitution compulsory by “a person who receives in error or knowingly something which is not due to him”. Proof that the conditions for bringing an action for recovery are fulfilled is the responsibility...
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D4a21 - After how long is the right of action to recover wages or payments incidental to wages improperly paid time-barred?
An action for the recovery of wages or payments incidental to wages that were unduly paid or made is covered by the specific rules for quasi-contracts and is not subject to the abridged limitation period of 3 years or of...
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D4b3 - What is the value of the benefits in kind?
The value of benefits in kind may be freely determined by the employer and his employee in the employment contrat. Taxes With regard to taxes, the Grand-Ducal Regulation of 24 December 1997 amending the Grand-Ducal Regulation of 28 December 1990...
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D4b9 - Must meal tickets also be given out during periods of leave or maternity leave?
The Labour Code does not contain specific provisions concerning meal vouchers. The Court of Appeal ruled in 2015 that the purpose of a meal voucher is to enable an employee to eat a main meal during a day of work...