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Luxembourg

Staff

Updated 01/2010

Legal requirements

The Labour Code covers the requirements for managing staff.

A collective agreement is a provision specific to a given company. It is concluded between the representatives of the employer and the staff. It supplements the rules laid down in the Labour Code according to the needs and special features of the company.

Employment conditions

Every employer has to safeguard the health and safety of his employees by appointing one or more workers to manage occupational risks.

The managing director is also required to:

  • ensure that all employees undergo a medical examination ;
  • comply with anti-smoking legislation in the workplace;
  • notify the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) and the Accident Insurance Association (Association d'assurance contre les accidents) when an employee has an accident;
  • appoint staff representatives if the company employs fifteen or more workers under an employment contract;
  • set up a joint committee if the company has at least 150 employees over a three-year period;
  • organise staff elections.

When it comes to remuneration, the employer must meet his obligations in relation to:

  • the statutory minimum salary;
  • the flexible salary scale;
  • the law on equal treatment
  • the remuneration matrix where there is a collective agreement.

Working time is set at 8 hours a day or 40 hours a week.

The employer must comply with certain rules covering dismissal or end of contract for his employees.

Employment contracts

The employer must draw up a contract of employment with his new staff. The types of contracts available are: indefinite duration, fixed term, seasonal, student or apprentice - although they may also take the form of an internship agreement.

Employing foreigners

Any citizen of the EU or a an associated country (Iceland, Liechtenstein, Norway or Switzerland) can live and work in Luxembourg.

Having notified a vacant position to the Administration de l'emploi, if the employer cannot find a suitable candidate, he may sign a contract with a national of a third country.

There are minimum social rules to follow, especially about non-discrimination, gender equality and health and safety.

Administrative procedures

Starting and ending employment

If a director wants to recruit staff, he or she must inform the Employment Administration (Administration de l'emploi - ADEM) of the vacancies in advance.

Every company director must ensure that all employees undergo a medical examination. The form for this must be sent to the relevant regional Multi-sector Occupational Health Service (STM).

Social security contributions

Employers must send the Joint Social Security Centre a declaration of start of employment and end of employment within 8 days.

The operating declaration is valid throughout the company's entire existence. The company also receives a certificate of affiliation with a registration number.

You must inform the Joint Social Security Centre on a monthly basis of the amount of time workers are unable to work.

The actions to be taken may vary according to the situation: whether the employee has an accident at work or on the way to work, has a serious accident or contracts a work-related illness. All procedures must be carried out with the Accident Insurance Association (AAA).

Work permits for foreign workers

In order to stay more than three months in Luxembourg, a citizen of the EU or an associated            country must:

  • hold a valid identity card ;
  • submit a declaration of arrival to the municipal authorities in his place of residence;
  • fill in a registration declaration as a citizen of the EU.

Having notified a vacant position to the Employment Administration, if the employer cannot find a suitable candidate, he may sign a contract with a national of a third country.

For his part, the third-country national must:

  • submit a request for a temporary residence permit to the Luxembourg immigration authorities (the Immigration section of the Ministry of Foreign Affairs and Immigration) before entering the country;
  • apply for a residence permit for a "salaried worker" from the Minister for Immigration when he has obtained a temporary residence permit.

Dismissal

The dismissal procedures vary depending on whether the employer wishes to give notice or dismiss an employee with immediate effect for gross misconduct, or make mass redundancies.

At then end of the employment contract, the employer must:

  • draw up a salary statement and settle any outstanding payments;
  • draw up a certificate of employment;
  • release the employee;
  • complete the tax card (fiche de retenue d'impôt) at the end of the employment contract.

Resources

The Luxembourg Chamber of Trades provides practical information on managing staff.

The Guichet entreprises business portal offers various information on managing staff as well as a guide to employment contracts.

The Luxembourg Chamber of Private Employees (Chambre des employés privés du Luxembourg - CEPL) offers a wide variety of standard models for official documents or contracts.

EURES, the European job portal, offers employers information and support on recruiting across the EU. As well as assisting jobseekers, it helps entrepreneurs find workers from across the EU. In border regions, EURES provides information on cross-border commuting and helps workers and employers with problems that may arise.

Programmes

A business may benefit from financial aid from the State for its investments in professional lifelong learning. The National Institute for Continuous Professional Development (INFPC) has a directory of training providers to make employers' lives easier.

Several bodies provide staff training:

The "lifelong learning" portal also offers different training sessions for business people.

Help & advice

Help & advice

E-mail a business organisation near you

The EU runs a network (Enterprise Europe Network) of local business organisations in most European countries that may be able to help you.

Choose your country and town and enter your enquiry below.

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