Arbeitsrecht. Weltweit.

Luxembourg: New obligations on record of working time

The legislator has recently changed article L. 211-29 of the Labour Code regarding keeping a special record of working time. The new article now stipulates the obligation for any employer to add to “a special record or file the start time, end time and hours worked each day”, as well as the usual information required, namely: any extensions to normal working hours, hours worked on a Sunday, statutory bank holiday or overnight, as well as remuneration paid in any of these cases. Ganzen Artikel lesen


Luxembourg: Draft Grand-Ducal regulations on staff delegation

On 8 March 2017, the Council of Government (hereinafter “the Council”) agreed with three draft Grand-Ducal regulations on the appointment and functioning of the staff delegation. The first draft of the grand-ducal regulation endorsed by the Council aims at modernising electoral operations for the appointment of staff delegates. In particular, it provides for the possibility of using an electronic voting system for this election. Ganzen Artikel lesen


Luxembourg: Overtime vs Senior executive

On 15 December 2016, the Court of Appeal ruled on the classification of senior executive and the right to claim overtime pay. An employee employed as a mechanic in 1991 was assigned to the sales department of the employer’s garage as a salesperson in 2001, before being promoted to head of sales in March 2012. Then, through a new addendum to his employment contract in July 2012, the employee had once again been named a mere salesman. The contractual relations were terminated by mutual agreement through an agreement of 3 April 2013 with effect from 30 April 2013. Ganzen Artikel lesen


Luxembourg: Fiscal reform with impact on employment law

As part of the fiscal reforms due to come into force on 1 January 2017, the Tax Administration (Administration des Contributions Directes) published a newsletter on 19 December 2016 about the tax value of payments in kind in the form of meal vouchers. Ganzen Artikel lesen

Ius Laboris Luxemburg - Castegnaro

Luxembourg: Minimum social wage

On 14 October 2016, the Council of Government adopted the bill modifying article L. 222-9 of the Labour Code. The bill stipulated a 1.4% increase to the minimum social wage as of 1 January 2017, thus adjusting the minimum social salary rates according to the change to the average wage during 2014 and 2015. Ganzen Artikel lesen


New working time legislation in Luxembourg

Bill n°7016 concerning the organisation of working time and relating to the amendment of the Labourg Code was submitted to the Chamber of Deputies on 21 July 2016. The main objectives of the reform are to provide more flexibility for companies, to preserve the health and safety of employees and to revaluate the negotiation in the framework of a collective bargaining agreement (CBA). In this context, the Bill mainly provides for amendments concerning the Organisation of Employment Plan (OEP) and Flexible Hours (FH). Ganzen Artikel lesen


Luxembourg: change to legal severance pay

According to article L. 124-7 (1) of the Labour Code, an employee bound by a permanent employment contract who has worked for the same employer for at least five years and who is dismissed without notice can claim legal severance pay, unless he/she can exercise his/her right to a normal old-age pension. Ganzen Artikel lesen


Termination of a company practice (“usage d’entreprise”) in Luxembourg

According to the Luxembourgish employment law, a company practice (“usage d’entreprise”) is a practice that is habitually followed within a company that takes the form of a benefit for employees or a group of employees, in addition to what they are entitled to according to the law, a collective agreement or an employment contract. Ganzen Artikel lesen


Größere Lohngerechtigkeit zwischen Frauen und Männern in Luxemburg geplant

Wie in Deutschland hat die luxemburgische Regierung die Absicht die Lohnunterschiede zwischen Frauen und Männern abzuschaffen. Obwohl der geschlechtsspezifische Lohnunterschied bei 8,6 % liegt, hat der ehemalige Minister für Gleichstellungsfragen am 14. Oktober 2015 einen Gesetzesentwurf hinsichtlich der Durchführung einiger Bestimmungen des Gleichstellungsplans zwischen Frauen und Männern für 2015-2018 eingereicht.
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