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
-
D2f9 - Are the beneficiaries of a CIE entitled to statutory leave?
Beneficiaries of a CIE are entitled to the leave applicable in the company in which they work, by virtue of legal, contractual or regulatory provisions or those of articles of association, where applicable, in proportion to the duration of their...
-
D2g1 - What is to be understood by extraterritoriality?
The concept of extraterritoriality is a fiction in international law which has been used to account for immunities which offer a way for certain persons or certain things (diplomatic agents and premises) to escape from the authority of the State...
-
D2h5 - What is the situation if the employment contract does not refer to a specific law?
Where the parties have not clearly designated the law to be applied by means of an express clause, the employment contract will be governed by the law of the country in which or, failing that, from which the employee, in...
-
D3a2 - What form should the probationary clause take?
The probationary clause must without fail be recorded: for each employee individually; in writing; and no later than the employee’s entry into service. According to a judgment of the Court, if evidence is produced that the parties were, as from...
-
D3a11 - May an employment contract of indeterminate duration (CDI) which is concluded following an apprenticeship contract with the same employer provide for a probationary period?
Yes. No provision of the Labour Code prevents an employer who recruits a former apprentice under a CDI from stipulating a probationary period.
-
D3b6 - May the employer dismiss an employee with immediate effect during a probationary period?
Yes. Dismissal with immediate effect is possible during the probationary period. In such case, the employer must specifically indicate in the actual dismissal letter the serious ground which prompted him to terminate the probationary period. Nota Bene La résiliation pour...
-
D3d2 - What must be the content of a resignation letter submitted during the probationary period?
Neither in his letter of resignation nor subsequently is an employee required to indicate the reason or reasons which prompted him to resign, whether he resigns by giving notice or following serious misconduct by the employer. In addition to announcing...
-
D1a14 - In what language must the employment contract be drawn up?
The employment contract may be validly drawn up in any language that is understood by both contracting parties. As in the case of all contracts, four conditions are essential to ensure validity. The consent of the party entering into an...
-
D2a6 - What are the details that must be set out in a hiring-out contract?
A hiring-out contract must include at least the following details: the reason for recourse to the taking on of a temporary worker (in the case of replacement of an absent employee, the name of the absent employee); the duration of...
-
D2a15 - May an assignment contract be renewed?
In connection with the same assignment, an assignment contract may be renewed on 2 occasions, provided that the total duration of the renewed assignment contract may not exceed 12 months. Nota Bene The principle of renewal and the renewal conditions...
-
D2c2 - What is the maximum duration of such a fixed-term "student" contract (CDD)?
Such fixed-term contracts (CDD) may be concluded successively with the same employer for a total maximum period of 60 months (5 years), including renewals. Such contracts may be renewed more than twice, even for a total duration exceeding
-
D2c8 - May pupils and students employed under a fixed-term "student" contract (CDD) work on Sundays?
No legal provision prohibits pupils and students of full age working under a CDD outside the school holidays from working on Sundays. For all Sunday work, the increases of salary provided for by the general law apply (FAQ D5e6): Sunday...
-
D2d15 - Must an intern have a tutor allocated to him by the internship supervisor?
Yes. Both for internships provided for by a Luxembourg or foreign educational institution and for practical internships with a view to acquiring vocational experience, the intern is allocated a tutor by the internship supervisor, who is responsible for integrating him...
-
D2e4 - What apprenticeship training is available under the new scheme?
Training for the Vocational Capacity Certificate (CCP) replaces the training for the Certificate of Manual Skills (CCM) and the Certificate of Practical Initiation (CITP). Training for the Vocational Aptitude Diploma (DAP) replaces the training for the Technical and Vocational Aptitude...
-
D2f2 -Is the employment initiation contract subject to the same rules as the employment contract?
No. The provisions relating to employement contracts in Book I, Title II of the Labour Code are not applicable to beneficiaries of an employment initiation contract (CIE). Therefore, the provisions relating to employment contracts in general and the termination of...