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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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D15a24 - What are the competent monitoring authorities regarding compliance with the conditions associated with posting?
The ITM and the Customs and Excise Administration (Administration des douanes et accises) as well as the Grand-Ducal Police shall be entrusted with supervising the application of the provisions in relation to the posting of workers.
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D15a33 - May a request for enforcement or notification of a penalty or a fine be sent by the Grand Duchy of Luxembourg to another Member State?
Yes. The Director of the ITM may forward a request for notification or enforcement of an administrative penalty or fine imposed on a service provider in the event of non-compliance with the relevant provisions regarding the posting of workers and...
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D15a39 - Is a user undertaking which uses the services of a temporary worker required to inform the temporary work agency about the posting of that temporary worker and the conditions applicable in Luxembourg regarding work and employment?
Yes. A user undertaking that is established abroad, which is temporarily operating on Luxembourg territory and uses the services of a worker posted by a temporary work agency also established abroad, is required to inform, prior to the posting, the...
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D15a4 - What is the situation where doubts exist as to the reality of the posting or as to whether the posting company carries on a genuine and substantial activity in its country of origin?
Where a doubt exists as to the genuineness of the posting or where a doubt exists as to whether the undertaking is carrying on a real and substantial economic activity in its country of origin, the ITM makes an overall...
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D15a42 - What is to be understood by “occupant”, “manager” and “owner”?
“Occupant” shall mean the physical worker residing in a dwelling or in a room. “Manager” shall mean the natural or legal person managing the dwelling or the room rented out or made available for residential purposes. “Owner” shall mean the...
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D15a48 - What are the obligations of injunction and information of the service provider which uses the services of a direct subcontractor regarding accommodation of a worker away from his usual place of work?
Where the service provider which uses the services of a direct subcontractor is informed in writing by the ITM of the fact that a worker of the subcontractor away from his usual place of work is accommodated in conditions contrary...
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D15b2 - Apart from the specific rules, do other rules apply in the event of the posting of employees engaged in mobile road transport activities?
Yes. In addition to the specific rules in the event of the posting of employees engaged in mobile road transport activities (referred to in FAQ D15b), the general legal rules (referred to in FAQ D15a) remain applicable to everything that...
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D15b1 - What are the steps to be taken in the event of posting from Luxembourg to another Member State of the European Union (EU)?
Apart from the provisions concerning the employment contract, application should be made for each posted employee for a Form A1 from the Joint Social Security Centre (Centre Commun de la Securité Sociale - CCSS) and information should be obtained from...
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D2b11 - May the employer dismiss a student?
Provisions of laws, regulations and agreements governing working conditions are applicable to the employment of pupils or students. The student contract also, from its signature, as in the case of fixed-term contracts, specifies the expiry date of the contractual period....
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D2b12 - May the student resign before the end of the student contract’s contractual period?
The student may not resign by giving notice. However, in the event of serious misconduct by the employer, the student may resign with immediate effect. In any such case, the same procedural rules as those applying to the resignation of...
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D2b15 – Is it possible to hire a student during school holidays applicable abroad?
Yes. A pupil or student is considered to be any person aged at least 15 years and not having reached the age of 28 years, who is enrolled in an educational institution, whether in Luxembourg or abroad, and who regularly...
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D2b8 – Must the student or pupil be registered with social security?
The employer is required to submit a declaration of employment commencement to the Joint Social Security Centre (CCSS). Nota Bene The employment of pupils and students is subject to work accident insurance. However, the employment of pupils and students is...
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D2b10 - May a student contract be terminated before the expiry of the contractual period?
Yes. A student contract may be terminated by mutual agreement before the expiry of the contractual period. Provisions of laws, regulations and agreements governing working conditions are applicable to the employment of pupils or students.
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D11i1 - What are the employee’s rights in the event of the employer’s bankruptcy ?
In the event of the employer’s bankruptcy, the employee’s employment contract is terminated with immediate effect. To compensate for the loss of their source of income, and in the absence of any continuation of the business by the bankruptcy trustee...
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D2b4 - What are the details which must be included in a student contract?
This contract must include: the last name, first name, date of birth, and home address of the pupil or student; the last name, first name, and address of the employer, or if the employer is a legal entity, the company...