News & Analysis as of

Luxembourg Employer Liability Issues

Ius Laboris

Dismissal for a single (serious) act

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Can an employer dismiss an employee for a single wrongful act? And if so, does this wrongful act make the employee liable for damages caused to the employer?...more

Ius Laboris

AI and the employment relationship

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The general public's enthusiasm for artificial intelligence (AI) technologies is making its way into the workplace. While AI offers many advantages, employers must remain aware of the risks that a lack of supervision can...more

A&O Shearman

Luxembourg Employment Law: Top 10 Topics for 2024

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Please find below a concise summary of our top 10 topics to watch out for in 2024, with some practical tips and recommendations on how to prepare and respond effectively to these challenges and opportunities....more

A&O Shearman

Hiring third-country nationals in Luxembourg: the new law of 7 August 2023 in a nutshell

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If you are a Luxembourg employer wishing to hire a third-country national – i.e. a person who is not a citizen of the European Union or who is not entitled to the European Union's freedom of movement (hereinafter a “TCN”) –...more

Ius Laboris

Can someone be fired for having explicit photos on their work computer?

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An employee in Luxembourg was fired when another employee inadvertently found sexually explicit photos stored on a work computer. The Luxembourg Court of Appeal has now provided guidance employers should bear in mind when...more

A&O Shearman

Teleworking in Luxembourg - Are you ready for 1 July 2022?

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As from 1 July 2022, the Luxembourg rules on telework resulting from an agreement of 20 October 2020 between social partners (declared generally applicable by grandducal regulation of 22 January 2021) will become unavoidable...more

Faegre Drinker Biddle & Reath LLP

Employers Adjust as COVID-19 Restrictions and Regulations Are Rolled Back Globally

On February 21, Britain’s Prime Minister, Boris Johnson, announced that all of England’s COVID-19 regulations and restrictions would be revoked in coming weeks. Shortly thereafter, countries across the globe began to follow...more

Faegre Drinker Biddle & Reath LLP

Luxembourg Transposes EU Whistleblower Protection Law

On January 12, 2022, Luxembourg’s Minister of Justice submitted to the country’s legislature Bill 7945, which transposes Directive (EU) 2019/1937, otherwise known as the Whistleblower Protection Directive (“Directive”). The...more

A&O Shearman

Soon there will be legal protection for whistleblowers. What are the employer’s obligations?

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The Grand Duchy of Luxembourg has just tabled a bill aimed at transposing the European Directive on whistleblowers. Even if the bill has to go through the entire legislative process, and will most certainly see its text...more

A&O Shearman

CovidCheck will soon be mandatory for employees at the employer’s premises

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The introduction of the mandatory CovidCheck regime at the workplace as of 15 January 2022, is taking shape. On 10 December 2021, the Luxembourg government supplemented Bill 7924 by adding the necessary provisions to render...more

Faegre Drinker Biddle & Reath LLP

Luxembourg Extends Cross-Border Tax and Social Security Agreements with Neighboring Countries

Over the past fifteen months, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic. As employees continue to work remotely and employers reconsider whether...more

World Law Group

Luxembourg: Q&A - Employer COVID-19 Vaccination Policies

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WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for Luxembourg....more

A&O Shearman

New rules on the posting of employees applicable as of 22 December 2020

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Verification or declaration by the Luxembourg user company / extension of the Luxembourg core rules applicable to employees posted to Luxembourg / limitation of the maximum duration of the posting / introduction of the equal...more

Epstein Becker & Green

International Challenges to Dismissing Employees During the COVID-19 Pandemic

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Outside of the United States, terminating employees can be difficult even in “normal” times. The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate...more

A&O Shearman

The New Therapeutic Part-Time Work

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As of 1 January 2019, an employer and an employee on sick leave can agree on a “gradual return to work for therapeutic reasons”. According to the law of 10 August 2018, therapeutic part-time work, so-called “gradual...more

A&O Shearman

Employees and sickness leave: limits to protection against dismissal / Salariés et incapacité de travail : limites la protection...

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Investigations of a private detective as a means of proof - As a result of the rules on the protection against dismissal, an employer may be prevented from dismissing an employee based on the submission of several sickness...more

A&O Shearman

Dismissal and substantial modification of employment contract

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When internal policies increase the complexity of the legal formalities - On 29 June 2017, the Luxembourg Court of Appeal issued a decision in the framework of a modification of an employment contract (demotion to a more...more

A&O Shearman

Reform of the law on parental leave: major changes / Réforme du congé parental : principaux changements

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The Law reforming parental leave – which has been adopted today – aims to create a better balance between family and professional life by providing more flexibility regarding the different types of parental leave available...more

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