In Luxembourg, there are several lawful grounds for terminating an employment contract. These include mutual agreement, resignation by the employee, dismissal with notice for real and serious cause, dismissal with immediate effect for serious misconduct (Faute Grave), redundancy due to economic reasons, and other reasons such as retirement, force majeure (unforeseeable event), or the employee's prolonged illness beyond a legally defined period.

Grounds for Termination

Mutual Agreement: Both the employer and employee agree to end the employment relationship. This should be in writing and specify any relevant settlement terms.

Resignation by the Employee: The employee voluntarily leaves their position after providing the required notice period.

Dismissal with Notice for Real and Serious Cause: The employer terminates based on the employee's conduct or performance. Examples include repeated or severe misconduct, inability to perform the job duties, and consistent underperformance.

Dismissal with Immediate Effect for Serious Misconduct (Faute Grave): The employer terminates immediately for extreme employee misconduct, such as violence, theft, or insubordination.

Redundancy Due to Economic Reasons: The employer eliminates positions for financial or structural reasons.

Other: Retirement, force majeure (unforeseeable event), employee's prolonged illness beyond a legally defined period.

Notice Requirements

The required notice period in Luxembourg varies based on the length of service and reason for dismissal:

Probationary Period: Shorter notice applies, typically defined in the employment contract.

Dismissal with Notice (Employer Initiated): Notice period increases with employee tenure: 2 months' notice for service under 5 years, 4 months' notice for service between 5 and 10 years, 6 months' notice for service over 10 years.

Dismissal with Immediate Effect for Serious Misconduct: No notice period is required.

Resignation by Employee: Typically half the length of the employer's notice obligation, based on tenure.

Severance Pay

Severance Pay for Dismissal with Notice: Luxembourg law generally does not require severance pay for dismissals with notice, except in specific limited circumstances.

Severance Pay for Redundancy: May be mandatory for redundancies based on economic reasons, depending on the company size and number of dismissed employees.

In Luxembourg, individuals are protected from discrimination in various areas such as employment, housing, and access to goods and services. This is made possible through a solid legal foundation, with the primary laws being the Law of 28 November 2006 and the Amended Labor Code. The former transposed two European Union anti-discrimination directives into Luxembourgish law, prohibiting discrimination based on several protected characteristics. The latter outlines a broad framework for protection from discrimination at work.

Protected Characteristics

The laws on anti-discrimination in Luxembourg cover a wide range of protected characteristics. These include race, ethnic origin, nationality, sex, religion or belief, disability, age, sexual orientation, gender identity, family situation, political opinions, and trade union activity.

Redress Mechanisms

Victims of discrimination in Luxembourg have several redress mechanisms at their disposal. They can lodge complaints to the Ombudsman, who deals with anti-discrimination matters. Legal proceedings are also an option for those who wish to sue for compensation. Additionally, the Centre for Equal Treatment (CET) is an organization that provides information on anti-discrimination laws and support to victims of discrimination.

Employer Responsibilities

Employers in Luxembourg play a significant role in ensuring equal treatment within workplaces. They are responsible for the prevention of discrimination and must implement proactive measures to avoid any discriminatory situations at work. Establishing non-discrimination policies within the company is essential. Employers should also provide awareness programs and training to employees about discrimination. Implementing effective mechanisms for employees to report any discrimination incidents is crucial. Lastly, employers should provide reasonable adjustments to individuals with disabilities.

In Luxembourg, the maximum legal working time is 8 hours per day and 40 hours per week. Overtime work is possible but under strict regulation. It generally requires permission from the Minister of Labour and is limited to 2 hours per day. Employees are entitled to compensation for overtime work. Night work, which is between 10 pm and 6 am, is generally restricted. Certain sectors receive exemptions and night workers have specific rights and protections.

Rest Periods and Breaks

Employees are entitled to at least 11 consecutive hours of rest in a 24-hour period. Workers must have at least 44 consecutive hours of rest per week, which typically falls on Sundays. The law mandates breaks during the workday, the specifics of which depend on the length of the working day.

Ergonomic Requirements in Luxembourg

Employers are responsible for ensuring a safe and healthy work environment, including addressing ergonomic concerns. Specific regulations cover workplace layout and design, manual handling of loads, and display screen work. Workstations and equipment must be designed to minimize risks and promote good posture. Guidelines exist for safe lifting and carrying to prevent injuries. Employers must assess and mitigate risks associated with prolonged computer use.

In Luxembourg, worker well-being is prioritized through a robust health and safety framework. This includes employer obligations, employee rights, and the enforcement bodies responsible for upholding these regulations.

Employer Obligations

The Luxembourg Act of 17 June 1994 concerning occupational health and safety establishes core employer responsibilities. Here are some key points:

• Risk Assessment and Prevention: Employers must conduct risk assessments to identify potential hazards and implement preventive measures to minimize risks.
• Information and Training: Employers are obligated to provide employees with information and training on health and safety procedures specific to their roles. This includes keeping employees updated on any changes that could affect their safety.
• Designated Workers and Occupational Health Services: Companies must designate competent workers to manage health and safety activities. Larger companies (over 5,000 employees or over 3,000 with high-risk positions) need to establish an internal occupational health service or utilize an inter-company or national service.
• Safe Work Environment: Employers are responsible for providing a safe work environment with appropriate equipment and personal protective gear (PPE). This includes maintaining workstations according to ergonomic principles to prevent musculoskeletal disorders.

Employee Rights

Employees in Luxembourg have the right to a safe and healthy work environment. This translates to several key rights:

• Right to Information and Training: Employees have the right to be informed and trained on health and safety issues relevant to their work.
• Right to Consultation and Participation: Employees and their representatives have the right to be consulted and participate in discussions regarding health and safety matters at work.
• Right to Refuse Unsafe Work: Employees have the right to refuse work that they believe poses a serious threat to their health or safety. However, they must report such situations to the appropriate authorities.
• Right to Medical Surveillance: Depending on the nature of their work, employees may be entitled to mandatory or optional medical examinations to monitor potential health risks.

Enforcement Agencies

The Luxembourg government enforces health and safety regulations through several bodies:

• ITM (Inspection du Travail et des Mines): The ITM is the primary body responsible for workplace inspections and ensuring compliance with health and safety regulations. They conduct inspections, investigate accidents, and advise employers and employees on their obligations and rights.
• ASTF (Association pour la Santé au Travail du Secteur Financier): While the ASTF focuses on the financial sector, it serves as an example of inter-company occupational health and safety associations that can support employers in adhering to regulations.