Ms Ariane Claverie

Ariane Claverie

Lawyer biography

Ariane Claverie began her career as a corporate lawyer before joining the Luxembourg bar in 1997.
She quickly specialised in labour law and is now Partner at CASTEGNARO since 2012, where she particularly deals with issues related to working hours, sickness, social security, data protection and secondment.
Ms Claverie participated in the establishment of the Luxembourg Labour Code. She is also speaker at numerous conferences on employment law topics and author of articles and manuals on employment law matters. 


Employment & Immigration

Clarifications on short-time working system as of April 2021
Luxembourg | 24 March 2021

In a recent press release, the Ministry for Labour, Employment and the Social and Solidarity Economy and the Ministry of the Economy clarified how the short-time working system will be applied between 1 April 2021 and 30 June 2021. This article highlights the implications for different businesses, including industrial businesses and those in the vulnerable sectors relating to tourism and events.

Law on secondment of employees enters into force
Luxembourg | 24 February 2021

The Law of 15 December 2020 modifying the Labour Code in order to transpose the EU Posted Workers Directive recently entered into force. This article highlights the main new points of attention for employers and employees, including with regard to the extension of mandatory provisions that employers must respect, the principle of equal treatment in terms of remuneration and work postings organised by temporary agencies.

New convention on teleworking enters into force
Luxembourg | 17 February 2021

A new grand ducal regulation recently entered into force, declaring the convention on the legal framework for teleworking a general obligation. This article highlights the main points introduced by the teleworking convention, including with regard to its scope, the definition of 'teleworking', employers' provision of teleworking equipment and the equal treatment of traditional workers and teleworkers.

New procedure for leave taken for family reasons
Luxembourg | 10 February 2021

A new law recently modified the Labour Code, which now provides that employees can claim leave for family reasons if, among other things, they have a child under the age of 13 who must quarantine following a decision or recommendation of the competent national or foreign authority in order to limit the spread of an epidemic. In such circumstances, the employee's absence is justified by a certificate issued by the competent national or foreign authority confirming the decision or recommendation.

COVID-19: temporary exemption from maximum working hours
Luxembourg | 18 November 2020

The Law of 29 October 2020 recently entered into force, introducing a temporary exemption from Article L 211-12 of the Labour Code whereby maximum working hours can be increased to 12 hours per day and 60 hours per week. This exemption relates only to employees working in the health sector, employees working in the care sector and supervisory staff working in care homes for minors who are in custody. Employers must apply for authorisation from the minister of labour.

COVID-19: leave for family reasons when child must self-isolate or quarantine
Luxembourg | 07 October 2020

In a recent press release, the Ministry for Social Security clarified the rules regarding entitlement to leave for family reasons when a child must self-isolate or quarantine. Among other things, the child must have been made to quarantine or self-isolate by an order of the National Health Directorate. When the parents of the child in question must look after them, one parent can use leave for family reasons for the duration of the quarantine or self-isolation imposed by the National Health Directorate.

COVID-19: bill establishing a single bonus for promoting apprenticeships
Luxembourg | 30 September 2020

Bill 7661, which introduces a single bonus for promoting apprenticeships in the field of professional training, was recently submitted to the Chamber of Deputies. The bill aims to support training institutions to maintain apprenticeship contracts, persuade training institutions to offer more apprenticeships and encourage the resumption of apprenticeship contracts that were terminated due to the COVID-19 health crisis.

Employers' obligations during high temperatures and heat waves
Luxembourg | 19 August 2020

In a recent press release, the Ministry of Health announced a red alert (ie, warning of high temperatures) within the context of the Heat Wave Plan. This article highlights the Labour and Mines Inspectorate's recommendations for employers in the event of high temperatures and heat waves.

COVID-19: new post-crisis employment law provisions
Luxembourg | 15 July 2020

The Law of 20 June 2020 introduces a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19 and modifications to the Labour Code. The law takes over from the grand ducal regulations that implemented certain employment law exemptions based on Article 32(4) of the Constitution, which became obsolete at the end of the state of crisis.

COVID-19: new support for self-employed workers
Luxembourg | 27 May 2020

A new Grand Ducal Regulation has introduced a certified emergency allowance for self-employed workers during the COVID-19 pandemic. The new allowance is available for merchants, artisans and intellectual workers who work as self-employed persons, including insurance agents and brokers, and may be granted regardless of the number of employees.

COVID-19: information for employers
Luxembourg | 25 March 2020

This article provides information for employers with regard to the government's recommendations in the context of COVID-19. The recommendations include a preference for teleworking, the authorisation of employees to take extraordinary family leave, the use of short-time working to prevent dismissal of full-time employees, the use of quarantine as a preventative measure, the introduction of certificates for frontier workers and the introduction of a new tax measure.

Non-compliance with leave request procedures: unjustified absence?
Luxembourg | 05 February 2020

In the event of disputes concerning absences from work, employees must provide proof of their agreement with their employer regarding leave requests; otherwise, their absence may be considered unjustified and could lead to dismissal. In a recent case, the Court of Appeal fully recognised the binding force of internal regulations on employers and employees – provided that the latter are aware of such regulations.

Absenteeism due to depression: is dismissal valid?
Luxembourg | 29 January 2020

Under certain conditions, frequent absenteeism due to health reasons may constitute a valid reason for dismissal. However, what happens when an employee's absenteeism is linked to depression caused by work stress? A recent Court of Appeal decision considered this issue and shows that dismissal based on frequent absenteeism could, in principle, be considered abusive.

Drink or work: a choice must be made
Luxembourg | 22 January 2020

Employees may drink a small glass of alcohol in the workplace, whether at after-work events or professional lunches or during festivities organised by the company. However, what happens if an employee arrives at work intoxicated? The Court of Appeal was recently confronted with such a situation and had to consider the conditions under which an employee's state of intoxication can justify their dismissal.

Can an employee justify their immediate resignation due to imperfect management of company?
Luxembourg | 18 December 2019

The Court of Appeal has ruled that employers' decisions regarding their economic policy, internal organisation and operating procedures cannot justify an employee's resignation due to serious misconduct. The court ruled that the claimant's resignation with immediate effect was abusive and thus denied his claim for damages.

Moral harassment in the workplace: what is Luxembourg's stance?
Luxembourg | 11 December 2019

The International Labour Conference recently adopted Convention 190 on Violence and Harassment at Work, which reminds member states of their responsibility to promote a general environment of zero tolerance. In its preamble, the convention states that violence and harassment in the world of work can be a violation of human rights and threaten equal opportunities and are incompatible with decent work. But what is the legal framework in Luxembourg?

Draft law amends right to leave for family reasons and clarifies reclassification provisions
Luxembourg | 20 November 2019

A bill amending articles of the Labour Code relating to family leave and professional reclassification was recently tabled in the Chamber of Deputies. The bill intends to provide an exception to the rule that employees with a dependant child of a certain age are entitled to family leave in case of the child's illness only if the child is hospitalised. It also provides details on occupational reclassification.

Court recognises employees' right to disconnect when on leave
Luxembourg | 09 October 2019

As new information and communication technologies continue to be developed, employees are increasingly connected to their business phones or computers outside their working hours. As such, the line between employees' private and professional lives has become blurred. Within this context, the Luxembourg courts recently recognised, for the first time, the existence of employees' right to disconnect.

Professional training reform
Luxembourg | 02 October 2019

A new law has incorporated the Modified Law of 19 December 2008's provisions on apprenticeship and internship contracts into the Labour Code and introduced certain clarifications and modifications. Among other things, the new law provides that apprenticeship contracts must provide for a non-renewable three-month trial period. In addition, apprentices can now benefit from settling-in and training leave in certain circumstances.

Minimum social wage increased
Luxembourg | 14 August 2019

Following recent amendments to Article L 222-9 of the Labour Code, the monthly minimum social wage for a non-qualified employee paid per month has been fixed – as of 1 January 2019 – at €256.60 (with the index value of 100 weighted for the cost of living as of 1 January 1948). Thus, as of 1 January 2019 the new gross amounts of the monthly minimum social wage and the applicable legal thresholds and ceilings have been amended.

GDPR: one year on
Luxembourg | 17 July 2019

Luxembourg implemented the EU General Data Protection Regulation through the Law on the Organisation of Luxembourg's National Commission for Data Protection and the General System for Protecting Data. The law made a number of changes to the Labour Code, including extending the circumstances in which employers can process personal data to monitor their employees. Further, employers no longer have to obtain prior authorisation to monitor employees.

Can employees who fail to complete their trial period claim bonuses?
Luxembourg | 03 July 2019

In addition to an employee's basic monthly remuneration, employment contracts often provide for the payment of various bonuses or gratuities, the specifics of which can be freely agreed by the parties to the employment relationship. In a recent dispute between a chief operating officer and her former employer, the Court of Appeal considered whether the annual bonus provided for in the employee's contract was owed to her since she had failed to complete her trial period.

Changes to co-financing of vocational training
Luxembourg | 05 June 2019

The Law of 29 August 2017 reformed the system under which the government co-finances employee vocational training in order to encourage employers to invest in developing their employees' skills while reducing the inequalities in the amount of aid provided to large and small companies. However, a number of matters remained unclear. As such, a recent Grand Ducal regulation has provided useful clarification, particularly with regard to the content and practical details of co-financing requests.

New law increases statutory leave entitlement and introduces additional public holiday
Luxembourg | 22 May 2019

A new law modifying the Labour Code and the Modified Law establishing the General Status of Civil Servants recently came into effect. The law has increased the minimum statutory paid leave entitlement from 25 to 26 days a year. It has also declared Europe Day, celebrated annually on 9 May, a statutory public holiday.

Dismissal during illness: when are employees protected?
Luxembourg | 01 May 2019

Employees who cannot work due to illness are, in principle, protected against dismissal. The Court of Appeal recently reiterated the conditions which must be met for this protection to apply and, failing this, the circumstances in which an employee's absence may justify dismissal for serious misconduct. Notably, the unique nature of the case and the fact that the employee had worked for the company for nine years did not affect the court's decision.

Who's liable for damage caused by employees?
Luxembourg | 24 April 2019

The Labour Code establishes a dual responsibility in employment relationships – namely, employers are liable for risks generated by their company's activity and employees are liable for damage caused by their wilful acts or gross negligence. In principle, for the courts to hold an employee responsible for wilful misconduct or gross negligence, the employer must prove not only the damage incurred, but also that this is attributable to the employee's wilful act or gross negligence, as interpreted by the courts.

Notable Labour Court of Appeal decisions in 2018
Luxembourg | 13 March 2019

The Labour Court of Appeal issued a number of notable decisions in 2018. For example, it held that the high level of freedom enjoyed by a senior manager with regard to the organisation of their work must be exercised within the limits of their relationship of subordination with their employer. Further, it held that the burden of proof of overtime falls on the employee who requests payment, and that the release of an employee from their duties during their notice period cannot lead to a reduction in their remuneration.

Status of British citizens living in Luxembourg post-Brexit
Luxembourg | 22 February 2019

The Council of Government recently came to an agreement on the status of British citizens living in Luxembourg in the event that the United Kingdom leaves the European Union on 29 March 2019 without a withdrawal agreement. According to the statement, answers to questions concerning the situation of British nationals living in Luxembourg, as well as Luxembourg nationals living in the United Kingdom, are available online.

Changes to minimum social wage
Luxembourg | 23 January 2019

Following recent amendments to Article L 222-9 of the Labour Code, the monthly minimum social wage for a non-qualified employee paid per month has been fixed – as of 1 January 2019 – at €254.31 (with the index value of 100 weighted for the cost of living as of 1 January 1948). Thus, as of 1 January 2019 the new gross amounts of the monthly minimum social wage and the applicable legal thresholds and ceilings have been amended.

Minimum social wage rates set to increase
Luxembourg | 12 December 2018

Bill 7381 modifying Article L 222-9 of the Labour Code was recently submitted to the Chamber of Deputies. The bill aims to amend the minimum social wage rates to reflect the average salaries of 2016 and 2017. If the bill is passed, the minimum social wage would increase by 1.1% as of 1 January 2019. The Governing Council has also decided to increase the social inclusion income and the income for those with severe disabilities by the same amount.

Can employers access their employees' emails?
Luxembourg | 07 November 2018

The Court of Appeal recently considered the conditions under which employers can access their employees' workplace correspondence and use such correspondence as evidence in court. This judgment confirms the current jurisprudential trend under which employers may occasionally access their employees' computers, including their work emails. Further, any document which concerns only professional data will, in principle, constitute a lawful means of proof.

New law introduced to implement GDPR
Luxembourg | 10 October 2018

The new Law on the Organisation of Luxembourg's National Commission for Data Protection and the General System for Protecting Data has, among other things, modified the Labour Code. The key changes introduced in this regard concern the processing of personal data in order to monitor employees, notifying employees of personal data processing, requesting advance compliance opinions and the co-decision system.

New collective bargaining agreement for bank employees
Luxembourg | 26 September 2018

The Luxembourg Bankers' Association recently signed the new Collective Bargaining Agreement (CBA) for Bank Employees 2018-2020 with the Luxembourg Association of Bank and Insurance Employees and the trade unions representative of the financial sector. Given the number of changes and their level of impact, the CBA will be introduced gradually over the next three years.

When is overtime triggered for part-time employees?
Luxembourg | 08 August 2018

Under the Labour Code, part-time employees may exceed the daily and weekly work limits set out in their employment contracts without necessarily qualifying for overtime. However, certain conditions apply. The Court of Cassation recently considered the legal rules which apply in this regard.

New bill on social elections: making certain processes paperless
Luxembourg | 20 June 2018

A new bill that was recently submitted to the Chamber of Deputies aims to modify several articles of the Labour Code which concern social elections in order to make certain administrative processes paperless within the context of social dialogue. According to the bill, making certain processes paperless will result in a clear simplification of administrative tasks for managing directors and the Inspectorate of Labour and Mines.

New rules regarding salary payments in event of illness
Luxembourg | 13 June 2018

A new law has modified various provisions of the Labour Code, including Article L121-6(3) regarding salary payments in the event of illness. Following the issuance of the new rules, the majority of case law in this regard has become redundant. Now, employers must prove whether employees received their work schedule before falling ill.

Disciplinary penalties: what to watch out for
Luxembourg | 09 May 2018

In a recent Court of Appeal case, an employee initiated various legal actions against his employer, seeking to have the decision to relocate him declared an improper termination of his employment contract for various reasons and his dismissal declared null and void. Although the tribunal found the decision to be a substantial modification of the employment contract which was detrimental to the employee, the Court of Appeal had a different interpretation.

Free movement of workers: new provisions on equal treatment and minimum pay for highly qualified workers
Luxembourg | 14 March 2018

A number of changes pertaining to the free movement of workers recently took effect. A new law partially transposed an EU directive on facilitating the exercising of rights granted to workers in the context of freedom of movement into Luxembourg law and amended the Labour Code to incorporate 'nationality' as a criterion for direct or indirect discrimination prohibited by law. Further, a ministerial regulation updated the minimum pay levels for highly qualified workers.

New law on leave for personal or family reasons and post-natal leave
Luxembourg | 31 January 2018

A new law, which recently came into force, has introduced a number of amendments regarding certain kinds of leave in order to improve the family and work-life balance of employees, while also taking into account existing social realities. The law makes a number of changes to extraordinary leave for personal reasons, post-natal and adoption leave and leave for family reasons.

New bill recommends creation of Centre for Health, Safety and Quality of Life at Work in the Civil Service
Luxembourg | 29 November 2017

The minister for the civil service and administrative reform recently submitted a bill to the Chamber of Deputies recommending the creation of the Centre for Health, Safety and Quality of Life at Work in the Civil Service. The bill also recommends that 'psychosocial risks' within the context of employment relationships be defined in line with Belgian employment legislation and aims to close the legal gap relating to procedures to combat harassment.

New system introduced to combat long-term unemployment
Luxembourg | 25 October 2017

The Law of July 20 2017, which modified the Labour Code by introducing a new system to combat long-term unemployment, recently came into force. The law has introduced a new form of aid to promote the employment of the long-term unemployed and amended the aid system for hiring older unemployed persons. It has also extended the availability of the professional training internship and reduced the duration of compensated temporary occupations.

Bill introducing 'time savings account' for civil service officials submitted
Luxembourg | 18 October 2017

The Ministry of the Civil Service and Administrative Reform recently submitted Bill 7171, which defines the terms and conditions of so-called 'time savings accounts' for civil service officials, among other things. A time savings account is a tool whereby officials can accumulate free time and save it to use at a later date of their choice. Doing so will allow officials to achieve a better balance between their private and professional lives, within the limits of statutory conditions.

New obligations regarding record keeping and business contracts and subcontracts
Luxembourg | 13 September 2017

The legislature recently amended Article L211-29 of the Labour Code, which concerns special records of employee working hours. The new record-keeping requirements will ensure that foreign employers seconding employees to Luxembourg and employers based in Luxembourg are treated equally. In addition, a new article was recently added to the code, which imposes new obligations on clients and instructing parties entering into contracts with service providers.

New law concerning posting of employees
Luxembourg | 06 September 2017

A new law amending the Labour Code and Article 3 of the law laying down measures to safeguard employment, price stability and business competitiveness recently entered into force. Key changes introduced by the law include the strengthening of company responsibility in subcontracting chains, the introduction of an electronic platform for posting arrangements and the introduction of effective redress mechanisms to enable posted employees to lodge complaints or initiate legal proceedings.

Court distinguishes between unfair competition and breach of duty of loyalty
Luxembourg | 30 August 2017

The Court of Appeal recently ruled on the distinction between the obligation of an employee bound by a non-compete clause in his or her employment contract and the duty of loyalty inherent in any employment contract. The court clarified that the general principle of executing an employment contract in good faith means that an employee should not "develop a business that might be in competition with the employer during the course of the employment contract".

Court rules on validity conditions of disciplinary penalties provided for by collective bargaining agreements
Luxembourg | 19 July 2017

The Court of Appeal recently clarified the validity conditions of disciplinary penalties provided for by collective bargaining agreements. Taking into account an earlier decision, the court found that the evaluability of the penalty was deficient and that its wording failed to meet the precision requirements of the lawful punishment principle. The court therefore confirmed the annulment of the penalty imposed on the employee.

New bill introduced to combat long-term unemployment
Luxembourg | 12 July 2017

Despite a clear improvement in the employment market, some job seekers – particularly the long-term unemployed – have not benefited from this positive trend. To mitigate this inequality, Bill 7149 was recently submitted to the Chamber of Deputies. It introduces an option for employers to receive support from the Employment Fund when entering into open-ended employment contracts with job seekers who are registered and have been unemployed for at least one year.

New bill on postponement of trade union elections
Luxembourg | 14 June 2017

The minister of labour, employment and the social and solidarity economy recently tabled Bill 7138 before the Chamber of Deputies, amending the amended Law on the Establishment of Professional Chambers with an Elective Basis 1924 and the Labour Code. The bill is intended to reschedule the next Chamber of Employees elections to prevent them from clashing with the legislative elections.

Court rules that employee is not senior executive and is therefore entitled to overtime
Luxembourg | 10 May 2017

In a recent case, an employee sought payment of overtime, which the employer had rejected on the grounds that the employee had been a senior manager at the time. In its ruling, the Court of Appeal referred to Article L162-8 of the Labour Code, which defines the conditions that must be fulfilled for an employee to be considered a senior executive. The court stated that when an employee disputes being a senior executive, the burden of proof lies with the employer.

Ministers issue response regarding employment of 'fake' senior executives in banking and other financial industries
Luxembourg | 29 March 2017

Senior executives in the banking and other financial industries are exempted from benefiting from the collective agreement applicable to these industries. Union representatives challenged the practice of employing so-called 'fake' senior executives and in December 2016 a parliamentary question was submitted on this matter. The minister for labour, employment and the social and solidarity economy and the minister for finance recently issued a joint response to this question.

Equal pay for equal work: new law requires men and women to receive same salary
Luxembourg | 08 March 2017

A new law was recently enacted in response to the 2013 government programme which stipulated that the "inequality of pay between women and men will be abolished by the power of the law". Employers must now ensure that they meet their obligation to pay men and women equally, taking into account the notion of 'equal work'. A breach of this obligation is a criminal offence and punishable by a fine of between €251 and €25,000, which may be doubled if the offence is recommitted within two years.

Minimum wage increased
Luxembourg | 08 February 2017

The sliding wage scale index for salaries recently increased from 775.17 points to 794.54 points. As a result, the new minimum monthly wage, which was increased by the Law of December 15 2016 modifying Article L 222-9 of the Labour Code, has been revalued.

New bill amends organisation of working time
Luxembourg | 14 December 2016

Bill 7016 concerning the Organisation of Working Time and relating to the Amendment of the Labour Code was recently submitted to the Chamber of Deputies. The bill aims to provide companies with greater flexibility regarding the organisation of working time, protect employee health and safety and amend collective bargaining agreement negotiations.

Instalment rates set for transfer and seizure of employment income, pensions and annuities
Luxembourg | 07 December 2016

The Grand Ducal Regulation of September 27 2016 set the instalment rates at which employment income, pensions and annuities can be seized or transferred in accordance with Article 4 of the Modified Law of November 11 1970. The regulation, which revoked the Grand Ducal Regulation of June 26 2002, came into force on December 1 2016.

Two new laws regarding criminal record certificates introduced
Luxembourg | 23 November 2016

Two new laws regarding criminal record certificates were recently published in Memorial A. The law of July 23 2016 stipulates when an employer can request a criminal record certificate during the recruitment process or the course of an employment relationship. Further, the Grand Ducal regulation of July 23 2016 defines the list of authorities and legal persons that can request copies of Sections 2 and 3 of an individual's criminal record certificate under public law.

OnDemand: Diversity in the workplace
Luxembourg | 09 November 2016

Diversity in the workplace is a matter of soft law in Luxembourg as no legal framework exists in this regard. Instead, diversity has been fostered through the establishment of the Diversity Charter Letzebuerg – which aims to encourage employers to foster diversity through concrete actions that exceed their legal obligations – and the introduction of several general provisions to national legislation.

Termination of company practice
Luxembourg | 07 September 2016

Under Luxembourg's employment law regime, a 'company practice' is a practice that is habitually performed within a company and takes the form of a benefit awarded to employees in addition to what they are entitled to by law or under a collective agreement or employment contract. The Esch-sur-Alzette Employment Tribunal has reiterated that to terminate such practice, employers must explicitly do so by informing employees of the termination sufficiently in advance.

Disparity of treatment: resignation for gross misconduct and dismissal with immediate effect
Luxembourg | 31 August 2016

Under the Labour Code, an employee who is unfairly dismissed with immediate effect is entitled to severance pay and compensation in lieu of notice, whereas an employee who resigns as a result of his or her employer's gross misconduct is not. The Constitutional Court recently considered whether this disparity breaches the equal treatment principle established under the Constitution.

Minimum salary thresholds for highly skilled workers increased
Luxembourg | 03 August 2016

In June 2016 the ministerial regulation defining the average annual gross salary in accordance with a 2008 grand ducal regulation came into effect. The minimum salary thresholds for highly skilled workers and workers in Groups 1 and 2 of the International Standard Classification of Occupations have both been increased.

Pre-dismissal interviews and formal irregularities
Luxembourg | 15 June 2016

Under the Labour Code, employers with 150 or more employees must conduct pre-dismissal interviews and – in certain instances – give notice to the employee in the eight days following the interview. However, in a recent case the Labour Court of Appeal held that an employer's issuance of a notice of dismissal nine days after the interview did not constitute a formal irregularity and render the dismissal unlawful.

Compensation and severance pay in cases of internal redeployment
Luxembourg | 01 June 2016

In a case of internal redeployment resulting in a decrease in earnings, the Employment Fund will pay the redeployed employee compensation for the loss in average monthly pension contributions. The Third Chamber of the Labour Court of Appeal recently considered whether this compensation must be taken into account when calculating severance pay in cases of redundancy with notice.

Recent employment law developments
Luxembourg | 11 May 2016

Recent employment law developments include Labour Court of Appeal cases on the consequences of reclassifying a fixed-term contract as a permanent contract and the right of employers to make redundancies to improve their profitability, as well as the extension of the agreement relating to the legal structure for teleworking.

Legislative amendments affecting unemployment benefits
Luxembourg | 20 April 2016

The Law of December 18 2015, which amends the Labour Code and several other employment laws, introduces several provisions affecting unemployment benefits and extends other measures. Among other things, the previous provisions regarding jobseeker training courses have been replaced by new provisions relating to professional training courses and contracts to get people back into work.

Parental leave reform bill introduced
Luxembourg | 30 March 2016

Bill 6935 on parental leave reform was recently submitted to the Chamber of Deputies. Among other things, the reform aims to promote harmony between family life and professional life and increase the number of parents using parental leave. It expands the age range during which parents are entitled to parental leave, sets new durations for parental leave and introduces divisible leave for full-time workers.

Court rules on excessive personal internet use during working hours
Luxembourg | 02 March 2016

The Court of Appeal recently ruled on the legitimacy of a dismissal with notice for excessive personal internet use during working hours. After considering the employer's in-house rules prohibiting personal internet access and whether the employer's check of which websites employees were using breached data protection provisions, the court ruled that the dismissal was justified.

Court considers proof of employee's drunkenness using surveillance video
Luxembourg | 20 January 2016

The Court of Appeal has refused to allow an employer to prove an employee's drunkenness in the workplace using recordings from the company's surveillance cameras. The employer, a restaurant manager, had dismissed the employee with immediate effect for drinking excessive amounts of alcohol in the workplace after the restaurant had closed, among other reasons.

New position in same group of companies: new probation period?
Luxembourg | 23 December 2015

In principle, a probation clause cannot be renewed. However, even though this prohibition seems perfectly clear, its application in practice still gives rise to disputes. The Court of Appeal recently ruled on the validity of a probation clause inserted into a new employment contract, where the employee had been engaged by a company belonging to the same group as her previous employer, but to perform different duties.

Reading employee's private emails exposes employer to criminal liability
Luxembourg | 09 September 2015

Although employees are subject to the authority of their employer while in the workplace and during working hours, they continue to enjoy a right to privacy and confidentiality with regard to electronic communications. The Court of Appeal recently reiterated the penalties that employers may face for violating this right. The case highlights the importance of the distinction between personal and professional emails.

Is a fixed-term employment contract an indefinite contract with a definite duration?
Luxembourg | 15 July 2015

Many companies use fixed-term employment contracts for projects relating to their permanent activities. A fixed-term contract can be concluded only for the performance of a precise and non-permanent task. The Court of Appeal recently provided guidance on how to draft clauses which specify the employee's role in a fixed-term contract in order to avoid reclassification as an indefinite employment contract.

Enhanced non-compete clauses are not automatically void
Luxembourg | 25 March 2015

Employees must generally refrain from competing with their employer due to a general obligation of good faith in the execution of the employment contract. However, to what extent can an employer prevent a former employee from pursuing competitive activities? A recent Court of Appeal case addressed the issue of non-compete clauses which extend beyond the legal limits in return for financial compensation.

Alcohol in the workplace: what can the employer do?
Luxembourg | 21 January 2015

The issue of alcohol in the workplace is often addressed too late – that is, only when the employee is dismissed. How can employers internally manage alcohol-related situations before matters reach this stage? Several actions should be considered in addressing this question.

Terminating employment contracts during trial period due to employee incapacity
Luxembourg | 17 September 2014

Employers can easily terminate employment contracts during trial periods where the employee is not incapacitated due to illness. However, the situation becomes more complex and requires explanation where the employee becomes incapable of working. In essence, the employer's capacity to terminate the employment contract of an ill employee during his or her trial period is limited.

OnDemand: Bring your own device
Luxembourg | 16 July 2014

This week, Castegnaro explores the primary issues to consider before implementing a bring your own device (BYOD) model in the workplace. Luxembourg companies – especially those in the financial sector – must carry out in-depth risk assessment, and BYOD policies must comply with minimum standard requirements to ensure data protection.

Unilateral modification of employment contracts: what risks do employers face?
Luxembourg | 14 May 2014

When an employer wishes to modify a substantial clause of an employment contract to the detriment of the employee, the latter's consent is required in principle. However, even without the employee's express consent to the modification, the employer can nonetheless impose new working conditions by following a specific procedure. Failure to follow this procedure properly can attract significant risks for the employer.

Company vehicle damage: driver pays?
Luxembourg | 29 January 2014

Does an employer have the right to charge its employee where the latter has damaged a company vehicle? This question arose in a recent case in which an employer deducted the amount of the insurance deductible from its employee's wages after having noticed damages to the company vehicle following its return by the employee. The case is a reminder that an employee's financial liability is limited by three main restrictions.

Taking disciplinary action
Luxembourg | 25 September 2013

In principle, employers have the right to take disciplinary action against employees who breach their contractual obligations. The penalty of dismissal is referred to in the Labour Code and the issuance of warnings is recognised by courts and tribunals. However, other disciplinary penalties can also be contained in employment contracts, internal rules or collective bargaining agreements, which can raise questions as to their legal validity.

Service contracts versus labour sub-leasing
Luxembourg | 03 July 2013

In practice, the difference between work carried out by employees under a service contract and the same work carried out under an employee sub-lease can be thin. In both cases, employees are sent by their employer to work for a third party. However, while the provision of services is not problematic, the sub-leasing of employees is strictly regulated by the Labour Code.

What are the rights to annual paid leave under social plans?
European Union | 13 March 2013

The European Court of Justice (ECJ) has issued a series of decisions related to employees' right to paid leave. In the most recent of these, the ECJ held that the right to annual paid leave can be annulled under specific circumstances, particularly with regard to short-term work and employment subject to a social plan agreed between an employer and its works council.

Can employers substantially change staff delegate contracts?
Luxembourg | 19 December 2012

As the ultimate authority over its own work organisation, an employer has the power to change the employment contracts of employees without their consent, even if the change targets a substantial clause of the contract and is unfavourable to the employee. However, employers should consider the particular risks involved in substantially changing the contracts of staff delegates, who are afforded special protection.

Courts rule that economic crisis as such cannot justify dismissals
Luxembourg | 10 October 2012

The slowdown in business activity due to the current economic crisis has seen a growing number of redundancies, both collective and individual. As a result, employers must be careful when providing employees with reasons for their termination. The economic grounds must be described accurately; otherwise, the dismissal may be deemed unfair, regardless of the reality of economic difficulties.

Remedies available to pregnant workers against dismissal
Luxembourg | 25 July 2012

A pregnant worker is protected against dismissal from the moment when her pregnancy is medically diagnosed until 12 weeks after the birth. If she is notified of the termination of her employment before she has informed the employer of her pregnancy, the dismissal is null and void. However, recent rulings have questioned whether an action to nullify the dismissal is the sole remedy available to a pregnant worker.

When must an employer conduct a preliminary interview before termination?
Luxembourg | 28 March 2012

The legal requirement to conduct a preliminary interview before terminating an employement contract is intended to prevent hasty and unconsidered dismissals by providing for a dialogue between employer and employee. However, the requirement does not apply in all cases, and employers must be aware of the factors that trigger it.

Downsizing: when must companies redeploy employees?
Luxembourg | 18 January 2012

The Luxembourg courts have recently considered the issue of whether a company in economic difficulties must comply with an occupational redeployment procedure within the company - or its wider corporate group - before dismissing an employee as part of a downsizing programme.

Employment contracts for managing directors
Luxembourg | 09 November 2011

The Administrative Court has clarified the conditions on which an employment contract can be concluded between a limited liability company and its managing director. An individual can fulfil the two functions simultaneously, provided that the employment contract refers to tasks and duties which are performed by the employee, and that the latter is bound by a relationship of subordination to the company.

Hidden dangers: the criminal risks of backdated dismissal
Luxembourg | 13 July 2011

Employers may be tempted to sidestep the legal requirements arising from the end of an employment relationship by opting for dismissal with notice, immediately followed by a settlement agreement, rather than dismissal with immediate effect or termination by mutual agreement. However, using backdated documents in such arrangements may constitute forgery, as the criminal section of the Court of Appeal recently held.

Bills propose framework for time savings account schemes
Luxembourg | 18 May 2011

The system of time savings accounts has existed for several years, particularly in the banking sector. Draft legislation on such schemes in the public and private sectors will soon provide the first legal framework for permanent employees who wish to save time for future paid leave or absence.

Extraordinary leave extended to employees forming civil partnerships
Luxembourg | 02 February 2011

A new law entitles public sector employees and workers that form civil partnerships to the same rights to extraordinary leave as that given to married couples, whether they are Luxembourg residents or cross-border workers. This new legislation forms part of the government's objective of implementing equal treatment between persons bound by a civil partnership and married couples.

Termination of a staff representative's contract for sexual harassment
Luxembourg | 29 September 2010

The Luxembourg Labour Court has provided a useful reminder that sexual harassment, where the facts are substantiated, may constitute gross misconduct justifying the immediate termination of a staff representative's contract. The court held that the gross misconduct of a staff representative does not need to be greater than that of a colleague who does not have this status in order for the employer to take action.

Employee's violent behaviour justified immediate dismissal
Luxembourg | 18 August 2010

The Labour Court has ruled that the dismissal with immediate effect of a security guard for aggressive and violent behaviour towards colleagues in the workplace was justified, despite the fact that the employee had over 10 years' service. It was likely that such behaviour from the plaintiff, in a role that required him to maintain his composure, would permanently and irreversibly weaken an employer's confidence in its employee.

Dismissal for refusing to attend a medical assessment
Luxembourg | 14 July 2010

It appears that an employer can require an employee who is unfit for work to submit to an assessment by a doctor of the employer's choice, as such assessments seem to have been accepted in case law. Can an employee refuse to undergo such an assessment? If he or she refuses, what recourse does the employer have?

Dismissal justified by repeated absences for ill health
Luxembourg | 23 June 2010

It is discriminatory and unlawful to dismiss an employee on the grounds of his or her health. However, when an employee's health has significant repercussions on the employment relationship, his or her employer can terminate the contract on certain conditions, as a recent case demonstrates.

Grounds for immediate dismissal? Sexual harassment in the workplace
Luxembourg | 09 June 2010

Sexual harassment in the workplace is prohibited by the Labour Code and in some cases it is severely punished by criminal law. But is an employer entitled to dismiss an employee who is guilty of sexual harassment on the grounds of gross misconduct?

Right to dismiss employee during period of unpaid leave
Luxembourg | 02 June 2010

Court rulings relating to unpaid leave are rare. However, the Esch-sur-Alzette Labour Court has recently clarified a question arising from such time away from work: if an employment contract is suspended during a period of unpaid leave, can an employer dismiss an employee who has breached contractual provisions against unfair competition during this period?

Sick-leave drinker wins unfair dismissal claim
Luxembourg | 17 March 2010

The Court of Appeal has held that an employee who was terminated with immediate effect after being seen consuming alcoholic drinks at 7:00 am while on long-term sick leave was unfairly dismissed. The court found that although such activity could constitute legitimate grounds for dismissal with immediate effect, the employee's seniority and past conduct made his immediate dismissal for a single incident unfair.

Finally - a legal basis for ending workplace bullying?
Luxembourg | 17 February 2010

An agreement between Luxembourg's social partners fills a legal gap by providing a definition of 'bullying' in the context of the private-sector workplace. It also requires employers to introduce a procedure for the prevention and management of bullying and violence at work. A new bill is intended to help victims of workplace bullying to seek legal recourse, putting them on the same footing as victims of sexual harassment.

Enhanced youth training contracts: greater opportunities for new graduates
Luxembourg | 27 January 2010

The government has passed a bill that aims to alleviate the impact of the economic downturn on young people. In particular, changes to the employment initiation contract provide additional training and support for young graduates. The bill also modifies the employment support contract to offer further training for less skilled people.

Professional Training During Part-Time Unemployment
Luxembourg | 04 November 2009

In order to promote lifelong learning in companies implementing partial unemployment, a new regulation provides for increased state reimbursement of employees' salaries for periods devoted to professional training. The new regulation provides that the percentage salary reimbursed by the state will increase from 80% to 90% on certain conditions.

Framework Agreement Redefines 'Moral Harassment'
Luxembourg | 16 September 2009

A recent agreement has implemented the framework agreement on harassment and violence at work that was concluded by the European social partners. It is the first Luxembourg labour regulation to provide a general definition of the term 'moral harassment' that is not limited to harassment based on discrimination.

Data Protection Regulator Issues Guidelines on Workplace Cybermonitoring
Luxembourg | 09 September 2009

The National Commission for Data Protection has drafted guidance on the complex issue of cybermonitoring in the workplace. The guidance, which was prepared in response to numerous authorization and information requests received by the commission, seeks to strike a balance between the employer's legitimate interests and the employee's right to privacy at work.

Cessation of Employment Contracts in Bankruptcy or Winding-Up
Luxembourg | 29 July 2009

Where an employer ceases business as a result of bankruptcy, employment contracts are terminated immediately, but what is the position in the event of a winding-up? The Labour Court has sought to clarify the position of an employee on parental leave, a staff delegate and a pregnant employee who enjoyed legal protection against dismissal at the time when their employer was wound up.