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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.