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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D4a13 - What are the rules governing bonuses paid by the employer to the employee?
In principle, any bonus or premium constitutes a gift, the payment of which is a matter for the discretion of the employer, unless it is payable by virtue of an express commitment, recorded in the employment contract or in the...
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D4a19 - May an employer claim reimbursement of sums which he has improperly paid over a long period?
Even a voluntary and repeated payment of a sum which is not due does not create a vested right.
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D4a22 - For how long must an employer retain the documents relating to wages?
According to Article 16 of the Code of Commerce, documents or information relating to the accounts of a trader must be retained for 10 years following the close of the financial year to which they relate. Mention may also be...
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D4b4 - May an employer deduct the value of a benefit in kind from the employee’s remuneration?
Yes. An employer who makes accommodation available to an employee or gives the employee food may deduct the value thereof from the employee’s remuneration.
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D4b11 - May an employee continue to use a company vehicle during sickness leave, maternity leave or parental leave?
Provided that a company vehicle is made available to an employee for professional purposes, that vehicle is merely a working tool and the employee is required to return the company car to his employer upon cessation of his functions in...
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D4c2 - Is the employer required to send a monthly statement to the employee or may the employer require the employee to attend and collect his salary slip?
The Labour Code does not specify the form (in contrast to the express provisions for other documents, such as the balance of any account, in Article L.125-5 of the Labour Code) or the way in which the salary slip is...
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D4d6 - May an employer retain an amount from wages due to the employee in order to offset a claim for overpayment for holidays taken in excess?
An employer is entitled to recover an overpayment of a leave allowance received by the employee. In order to do so, the employer may claim reimbursement of the allowance in question from the employee. If the employee refuses, the employer...
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D4f6 - Are employers required to pay men and women according to the same criteria?
Yes. The various elements making up wages are to be established according to identical standards for men and women. The categories and criteria for professional classification and promotion as well as all the other bases for calculating wages, in particular...
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D4a1 - What is to be understood by remuneration or wages?
Wages constitute the aggregate remuneration of the employee. The aggregate remuneration comprises: a cash payment; and further advantages or ancillary payments. Examples gratuities; free accommodation; bonuses; discounts; increments; etc. Nota Bene Remuneration is the consideration paid for the services rendered...
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D4a7 - May certificates issued by an authority in a country other than the Grand Duchy of Luxembourg be taken into account in order for the social minimum wage for skilled workers to be granted?
For certificates issued by an authority of a country other than the Grand Duchy of Luxembourg, which are of at least the level of the Technical and Vocational Aptitude Certificate (CATP), the provisions of the Labour Code require that equivalence...
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D4a14 - May an employer discontinue or reduce bonuses paid previously to his staff?
If an employer decides unilaterally to discontinue or reduce the bonuses previously paid to his staff, whether those premiums derived from express contractual clauses or from established practice, he is required when imposing that change to observe the procedure laid...
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D4a23 - For how long must an employer retain the personal files of employees?
Quite apart from the question of retaining accounting documents, there is no clear answer to the general question regarding the time for which the personal files of employees must be kept. The time for which a document is kept depends...
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D4b5 - What about deductions from wages if the employee receives only the social minimum wage (SSM)?
The social minimum wage (SSM) applies to all employees, without distinction as to sex, working for an employer under an employment contract, regardless of the professions and occupations and the companies concerned. However, an employer who provides an employee with...
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D4d1 - What is meant by an “attachment of wages”?
Definitions An attachment of wages is a means of judicial enforcement (Justice de Paix) which enables an employee’s creditor to freeze in the employer’s possession any sums which are due from that employee, with a view to obtaining payment against...
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D4e4 - What is the purpose of the receipt in full and final settlement?
The receipt in full and final settlement is used to record in writing all the sums that the employer has paid to the employee. Nota Bene By signing the receipt in full and final settlement, the employee acknowledges having obtained...