Employment & Benefits, Castegnaro updates


Contributed by Castegnaro
New bill on social elections: making certain processes paperless
  • Luxembourg
  • June 20 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
  • June 13 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
  • May 09 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
  • March 14 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
  • January 31 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.

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