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No. The rules on remuneration for Sunday work do not apply to employees classified as senior executives. Definition Employees fulfilling both of the following conditions are regarded as senior executives: they receive significantly higher remuneration than employees covered by a...

A distinction must be drawn between companies which, at the time of entry into force of the Law of 23 December 2016 concerning the organisation of working time, that is to say 1 January 2017: (a) are covered by a...

Working time in a company may be made flexible, in other words the daily and weekly limits may, under certain conditions, be exceeded, by virtue of taking account of a reference period. The work organisahttps://itm.public.lu/fr/tion plan (WOP) and flexitime are...

Companies may benefit from greater flexibility of working time by adopting a reference period. In the case of companies that are not covered by a collective work agreement, a subordinate agreement or an agreement reflecting interprofessional social dialogue, the head...

Overtime must either be compensated for by remunerated rest time, at the rate of one hour plus one half hour of remunerated free time per hour of overtime worked, or accounted for at the same rate in a “Time Saving...

If a WOP is adopted on the basis of a reference period negotiated outside the framework of a collective bargaining agreement or an interprofessional social dialogue agreement, by the employer’s sole decision, the employee covered by that WOP is entitled...

The 2 reporting obligations (described in the foregoing question) are also applicable in the event of prolongation of the illness. Examples The employee has a medical certificate from Monday 7 to Friday 11 May 2018 inclusive. In the event of...

The dismissal, whether with notice or with immediate effect, of an employee who suffers incapacity for work and who has properly fulfilled his reporting obligations is unfair. The employee may claim damages. Unless the employer and the employee reach a...

Nota bene In calculating the 26 weeks, account must be taken of calendar days and not working days (days when work is performed). Interruption of the 26 weeks by resumption of professional activity, followed by a new period of sickness,...

An employee may not reject indefinitely invitations from his employer to attend a medical examination. Furthermore, if the employee does not submit to a counter-examination and gives no explanation to his employer, that attitude is likely, depending on the circumstances,...

It is possible that the amount of continuing remuneration paid by the employer may differ from the amount of the pecuniary sickness allowance paid when costs are taken over by the CNS. In fact, the applicable calculation methods under labour...

Yes. As far as concerns entitlement to leave, absences on account of illness are assimilated to actual working days. Consequently, sickness leave confers the right to annual recreational leave.

Where a pregnant or breastfeeding woman wishes to be granted an exemption from night work, she must send a request to that effect to her employer. The request must be sent by registered post, or delivered personally against the issue...

In relation to reference periods, the following are to be regarded as constituting overtime: As part of a flexitime system: - overtime ascertained at the end of a reference period. For statutory reference periods of a duration of less than...

If the overall timesheet statements are contested, the committee may bring the matter before the ITM, which must carry out a check and prepare a report addressed to the company and the staff committee. In the event of persistence of...