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02 October 2019
On 12 July 2019 the Law of 12 July 2019 was published in Memorial A, modifying:
The new law's implementing regulation, the Grand Ducal Regulation of 1 August 2019, was published in Memorial A 564 on 20 August 2019.
The new law incorporates into the Labour Code the 2008 law's provisions on apprenticeship and internship contracts and introduces certain clarifications and modifications.(1)
Duration of apprenticeship contracts
Article L 111-3 (2) of the Labour Code explicitly specifies that the duration of an apprenticeship contract must be the same as the duration of the actual apprenticeship. The law provides that an initial one-year extension of an apprenticeship contract will be granted automatically if the apprentice needs it to finish their training. A second extension of no more than one year may be allowed if both parties to the contract agree.
The new law provides that apprenticeship contracts must provide for a non-renewable three-month trial period.
In the event of extended absence due to illness, maternity or any other reason duly justified to and accepted by the Professional Chambers, an apprenticeship contract can now be suspended during the period of absence and subsequently extended for the same period.
The new law specifies that contracts can be transferred and authorised within six weeks from the termination of the previous apprenticeship contract.
End of apprenticeship contract
There are four new circumstances in which an apprenticeship contract can end:
Termination of apprenticeship contract
In addition to the situations stipulated in the 2008 law, it is now possible to terminate an apprenticeship contract "if either party's trust in the other has irredeemably broken down" and "if the physical or moral integrity of either party is at risk". The Professional Chambers' prior agreement is still required.
However, the law provides that an apprenticeship contract can be terminated during the three-month trial period without providing any reasons and obtaining the Professional Chambers' agreement. In such cases, the employer merely has to inform the Professional Chambers in writing.
In addition, other than during a trial period, the Professional Chambers can terminate an employment contract in the abovementioned circumstances.
According to the new Article L 111-9 of the Labour Code, a 'dispute' occurs "when one of the parties to the contract sends a request to terminate in writing and the other party expresses its disagreement".
From now on, when the competent apprenticeship adviser receives a termination request, they will inform the other party to the contract of this and ask them to respond within eight days. If there is no response within this time, the apprenticeship contract will be terminated by mutual agreement.
If the other party disputes the termination, the Professional Chambers will organise a conciliation meeting or refer the matter to the Dispute Commission. If conciliation takes place, it will either:
If arbitration is unsuccessful, either party can refer the matter to the Employment Tribunal.
Additional entitlement to leave
Apprentices can now benefit from:
For further information on this topic please contact Guy Castegnaro or Ariane Claverie at Castegnaro by telephone (+352 26 86 82 1) or email (email@example.com or firstname.lastname@example.org). The Castegnaro website can be accessed at www.castegnaro.lu.
This law was published in Memorial A 220 on 30 December 2008.
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