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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D15a32 - What happens if a request for enforcement or notification of a penalty or fine is sent to the Grand Duchy of Luxembourg by another Member State?
Unless a reasoned refusal is issued, the Director of the ITM shall recognise the decision and take all measures necessary for its enforcement without any further formality. A decision imposing an administrative penalty or fine or a request for enforcement...
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D15a38 - Must allowances directly linked to the posting (or a posting allowance) be regarded as forming part of remuneration?
Yes. The allowances directly linked to the posting (or posting allowance) shall be regarded as forming part of the remuneration to the extent to which they are not paid as reimbursement of expenses actually incurred by reason of the posting,...
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D15a41 - What is to be understood by “dwelling”, “room” and “collective facilities”?
“Dwelling” shall mean a building or any part of a building intended for residential purposes, comprising at least one living room, a kitchen niche and a bathroom with toilets. “Room” shall mean a furnished or unfurnished room used for residential...
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D15a47 - Which habitability criteria apply to dwellings and rooms rented out or made available for residential purposes by the employer to workers away from their usual place of work?
The area of a room may not be less than 9m² per occupant. A kitchen niche or the space reserved for any sanitary installations which may be present in a room may not be taken into account in the calculation...
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D15a50 - What are the penalties regarding accommodation of workers away from their usual place of work?
Failure by the posting undertaking of the obligations regarding accommodation of workers away from their usual place of work shall give rise to liability to an administrative fine of EUR 251 to EUR 125,000 and imprisonment of between eight days...
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D15a9 - Must posted workers have a social badge if they are employed within Luxembourg territory?
Yes. As soon as the posting undertaking has made the posting declaration to the ITM via the electronic platform designed for that purpose (https://edetach.itm.lu/edetach/) with a view to enabling it to provide services on Luxembourg territory, the posting undertaking must...
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D15b1 - Which transport undertakings are covered by the application of the specific rules on posting?
The specific rules relating to mobile road transport activities apply: to undertakings involved in the professional transport of passengers or goods by road and participating in road transport activities; which are covered by Community regulations relating to driving and rest...
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D15b7 - In the event of an express request from the ITM, what documents must be forwarded by the undertaking posting mobile employees to Luxembourg?
In the event of an express request from the Inspectorate of Labour and Mines, the posting undertaking is required to transmit after the posting period and at the latest eight weeks after the request, via the IMI-connected public interface, a...
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D15a13 - What are the exceptions applying to works for the initial assembly or first installation of a good?
In any case of posting of workers in the context of works for the initial assembly or first installation of a good forming an integral part of a contract for the supply of goods (for example assembling/installing a new kitchen),...
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D15a19 - Must the precise contact details of the reference person be disclosed to the ITM?
Yes. The surnames and forenames, the address as well as the e-mail address(es) and telephone number(s) of the reference person in Luxembourg must be indicated to the ITM when the posting declaration is made via the electronic platform.
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D15a2 - What is to be understood by a “posted worker”?
Définitions A posted worker is understood to be any worker habitually working abroad and posted temporarily by his employer, who is established in another Member State, to the territory of the Grand Duchy of Luxembourg to perform his work there...
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D15a22 - What are the verification obligations of the service provider which contracts with a posting undertaking or uses the services of a direct subcontractor?
The service provider using the services of a direct subcontractor which posts workers to Luxembourg territory is required to check with the direct subcontractor, that the latter has, no later than by the start of the posting, sent the posting...
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D15a28 - What is the meaning of “financial administrative penalty or fine”?
A financial administrative penalty or fine shall be taken to mean an obligation to pay any sum of money, including fees and surcharges, imposed by a decision to be enforced, including costs associated with the judicial or administrative proceedings which...
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D15a31 - What happens when a challenge or appeal is brought abroad by the provider of services concerned during the procedure for enforcement or notification?
If, in the course of the enforcement or notification procedure, the administrative penalty or fine is challenged or appealed (abroad) by the service provider concerned (undertaking established in Luxembourg) or by an interested party, the cross-border notification or enforcement procedure...
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D15a37 - Is an undertaking which posts workers to Luxembourg territory for a period exceeding 12 months required to apply all the provisions of the Labour Code?
Yes. An undertaking which posts workers to Luxembourg territory for a period exceeding 12 months becomes subject, as from the 13th month, to all legislative, regulatory and administrative provisions and to those deriving from collective agreements declared to be generally...