Arbeitsrecht. Weltweit.

22.09.2017
Freitag

Luxembourg: Unfair competition and duty of loyalty

Luxembourg
On 15 June 2017, the Court of Appeal ruled on distinction between the obligation of an employee bound by a non-compete clause in his/her employment contract, and the duty of loyalty inherent in any employment contract. The facts relate to an “educator assistant manager” employed in a nursery since 2011, who had also been elected as the deputy staff representative. In February 2015, her employer found a number of documents freely accessible on her work computer showing that the employee had been working on a project to set up a new nursery since May 2014, during her working hours and at her place of work: applications for approval to set up a nursery, CVs and covering letters from people interested in working in a nursery, layout plans for a nursery with the address of premises, invoices with references to “nursery conversion”, quotes for various pieces of furniture and accessories for children, photos relating to the atmosphere of the nursery, advertising plans etc. Ganzen Artikel lesen

18.08.2017
Freitag

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

05.05.2017
Freitag

Luxembourg: Draft Grand-Ducal regulations on staff delegation

Luxembourg
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

28.04.2017
Freitag

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

06.01.2017
Freitag

Luxembourg: Fiscal reform with impact on employment law

Luxembourg
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

25.11.2016
Freitag
Ius Laboris Luxemburg - Castegnaro

Luxembourg: Minimum social wage

Luxembourg
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

16.09.2016
Freitag

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

26.08.2016
Freitag

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

05.08.2016
Freitag

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