Luxembourg, Castegnaro updates

Employment & Benefits

Contributed by Castegnaro
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?

Employee surveillance in GDPR era
  • Luxembourg
  • 04 December 2019

Following the introduction of the EU General Data Protection Regulation, employers are no longer obliged to notify and receive prior authorisation from the National Commission for Data Protection to undertake surveillance in the context of an employment relationship. However, this has not reduced the burden on employers – rather, their obligations in this regard have increased.

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.

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