Formated opinion on 11 June 2020 • Projet de loi N°7605
- CSL
- Who is the CSL?
- Missions and activities
- Structure
- Plenary assembly
- Members
- Commission
- Internal Commissions
- Commission on Economic Affairs, Taxation and Budgetary Policy
- Commission on Social Affairs, Health and Safety at Work and the Environment
- Commission on European and Interregional Affairs
- Commission on Vocational Training and Continuing Education
- Commission for crossborder work
- Commission for demographic ageing and its impact on society
- Equality Committee
- Finance Commission
- Commission on the situation of young people in the modern labour market
- Secretariat
- At a glance
- History
- Opinions
- Position papers
- Your rights
- Employees
- Types of employment
- Trial period
- Remuneration
- Definition of the term “remuneration”
- Wage level
- Collective bargaining agreement wage scales
- Salary supplements
- Premium payments
- Wage indexing
- Payment of wages
- Garnishment and assignment
- What is meant by wage garnishment?
- What part of a person’s salary can be garnished?
- Is garnishment carried out on gross or net pay?
- What happens if several garnishment actions are carried out on a single pay source?
- How is the garnishing of wages carried out in the case of a maintenance claim?
- What is the difference between a garnishment of earnings and an assignment of earnings?
- Deductions from wages
- Salary comparison
- Working time
- Basic principles
- Who is covered by the legal strictures on working time?
- Who is to be considered a senior manager?
- What is meant by working time?
- How many hours per day and per week can employees work?
- Can an employee have several jobs?
- How is the working week split into days?
- At what time must the employee report to work and what rest period is required during a shift?
- Is an employer entitled to unilaterally change the working hours of employees?
- Can an employer unilaterally change the distribution of weekly working hours over the days of the week?
- Are employers obliged to set up a system for recording working hours?
- Part-time work
- What is meant by part-time work?
- What special information is included in part-time employment contracts?
- Do employers have to offer part-time work to employees who request it?
- Can an employee refuse to work part-time?
- What are the rights of part-time employees?
- Part-time workers and the work organisation plan (WOP): what conditions must be fulfilled?
- Can an employer force a part-time employee to work overtime?
- Minimum rest period
- Overtime
- Sunday work
- Night work
- Work on public holiday
- What employees are involved?
- Which days qualify as legal holidays?
- What happens when a legal holiday occurs on a Sunday?
- What happens when a legal holiday occurs on a working day that has been declared a “working day not worked”?
- What happens when a legal holiday occurs on a working day?
- If a public holiday falls during a period when the employee is off sick, can compensatory leave be awarded later?
- How is work on legal holidays paid?
- How is work on a public holiday that is also a Sunday paid?
- How is work on legal holidays paid in companies working on a seasonal basis?
- What about young workers who work on a legal holiday?
- Are employers required to keep a separate register for holiday work?
- Flexible working time arrangements
- What is meant by flexible working time arrangements?
- What is meant by work organisation plans (WOP)?
- What about overtime in a WOP?
- What are the rules protecting night workers under a WOP?
- What are the rules protecting part-time workers under a WOP?
- What are the rules protecting young workers that form part of the WOP?
- How long can a reference period last?
- What is flexitime?
- Young people
- What are young workers?
- What is meant by working time for young workers?
- What are the limits to working time applicable to young workers?
- What are the young worker's rest periods?
- Can young workers work overtime?
- Can young workers work at night?
- Can young workers work on Sundays or legal holidays?
- Can the working hours of young workers be made flexible?
- Pregnancies
- Time savings account (CET)
- How are time savings accounts set up?
- When was this introduced into the Labour Code?
- How are contributions to a time savings account made?
- How does one use a time savings account?
- How are employees protected?
- How is a time savings account liquidated?
- What are an employer’s obligations?
- What guarantees are in place in case of employer bankruptcy?
- What about current collective bargaining wage scales?
- What is the task of the staff delegation with regard to the time savings account?
- What is the impact of a time-saving account on unemployment benefits?
- What is the tax treatment of time savings accounts?
- Flexible working arrangements
- What are the qualifying conditions?
- What are "flexible working arrangements"?
- How can the employer respond?
- How is the return to the original working arrangement organised?
- Is the employee protected against dismissal?
- Are the employment and the rights attached to it to be maintained?
- Can an employee be subject to reprisals or less favourable treatment?
- What are the penalties for non-compliance?
- CSL publication
- Basic principles
- Changes in working conditions
- Statutory leaves
- Overview
- Annual recreation leave
- Extraordinary leave
- What family event qualifies for extraordinary leave?
- When is an employee entitled to leave for reasons of force majeure?
- How long is the leave for reasons of force majeure?
- What is the caregiver leave?
- How long is caregiver leave?
- What should an employee do if he intends to take leave for reasons of force majeure or carergiver leave?
- Can extraordinary leave be carried over?
- Can a newly hired employee take extraordinary leave without waiting for the three-month period to expire?
- How many times can extraordinary leave for moving house be taken?
- Can extraordinary leave be awarded if the family event occurs during a period of illness?
- If an event occurs during a period of regular leave, is extraordinary leave due?
- Who pays for the extraordinary leave?
- What are the terms and conditions for taking the 10-day leave for the birth or adoption of a child?
- Are part-time employees entitled to the same number of special leave days?
- How can employees in a civil union get extraordinary leave?
- Are employees in a union under foreign law eligible for extraordinary leave?
- How are employees protected during extraordinary leave?
- Family-related leave
- Training-related leave
- Sports leave
- What is the purpose of sports leave?
- Who is entitled to sports leave?
- What are the conditions for taking sports leave?
- How long does sports leave last?
- Does sports leave count as working time?
- Can sports leave be split?
- Can the duration of sports leave be prorated?
- Is the sports leave cumulative?
- Can sports leave be postponed from one year to the next?
- How do I apply for sports leave?
- Can the employer refuse sports leave?
- How is sports leave paid?
- Leave related to an employee’s status as an elected official
- Development cooperation leave
- What is the purpose of development cooperation leave?
- Who is eligible for development cooperation leave?
- Which type of missions are eligible for development cooperation leave?
- What process should be followed to obtain development cooperation leave?
- How long is development cooperation leave?
- Is development cooperation leave considered as actual working time?
- Special leave for volunteer firefighters
- What is the purpose of special leave for volunteer firefighters?
- Who is eligible for this type of leave?
- What training activities are eligible?
- How much time off do volunteer firefighters get?
- Who should volunteer firefighters apply to for leave?
- Can employers object to the leave?
- Is the leave for relief volunteers considered as a period of actual work?
- Who pays for special leave for volunteer firefighters?
- Leave to seek new employment
- CSL Publication
- Illness
- Obligations of the employee
- Employer’s obligations
- Termination of contract due to illness
- Health assessments
- Leave entitlement
- Progressive return to work for therapeutic reasons
- What is meant by a progressive return to work for therapeutic reasons?
- How does one apply for a gradual return to work for therapeutic reasons?
- Do I need the employer's consent?
- What are the consequences for the employee?
- Do employees who are progressively returning to work get their entire statutory leave?
- Reclassification
- What does the Social Security Medical Board (CMSS) do with a long-term sick employee?
- What happens if CMSS considers the employee fit for work?
- What happens if CMSS considers that the illness is lasting?
- What happens if the CMSS discovers a disability?
- What happens if CMSS recommends internal or external reclassification?
- Am I protected against dismissal?
- Can I be internally reclassified?
- Can I be reclassified externally?
- CSL publication
- Workplace monitoring
- Which people are protected by law?
- What is meant by personal data?
- What is meant by processing of personal data?
- Who is responsible for the data processing when it is carried out?
- What rules and conditions must be complied with by anyone who intends to set up a personal data processing system?
- When can personal data be processed?
- Under what conditions can an employer process personal data for surveillance purposes in the workplace?
- What are the rights of the person whose data is processed?
- CSL Publication
- Posting of employees
- What is a posted employee?
- To whom do the posting rules apply?
- Under what conditions is a posting possible?
- When can a posting be made?
- What about posting for temporary work agencies or companies that post their employees as a temporary loan of labour?
- What about doubts as to the reality of a posting or as to whether a company carries out a real and substantial economic activity in its country of origin?
- What are the rights of a posted employee?
- What is the maximum duration of a posting?
- What about initial assembly or first-time installation work?
- What about expenses related to the posting?
- What is the process for posting an employee to Luxembourg?
- What are the obligations of the principal or the client?
- What are the obligations of a client with regard to temporary work or the temporary loan of labour?
- What are the accommodation conditions for an employee who is away from his usual place of work?
- Which national authority controls the application of the posting rules?
- What penalties exist in the area of posting?
- End of employment contracts
- Dismissal
- Resignation
- In what form should a resignation be submitted to an employer?
- Must an employer be informed of the reason for a resignation?
- What is the notice period for resignation?
- What is the starting point of the notice period?
- What is the penalty if an employee fails to comply with the notice period?
- Can the notice period be offset against the employee's remaining leave?
- Can a person be exempted from serving a notice period following a resignation?
- In what cases can a person resign without notice?
- Si je démissionne, est-ce que j’ai droit à des indemnités ?
- Legal action for wrongful dismissal
- Imprisonment
- Automatic termination of employment contract
- Certificate of employment
- Does the employer have to issue a work certificate at the end of the employment contract?
- Does an employment certificate have to be issued for an employee with a fixed-term employment contract?
- What if the employer refuses to issue a work certificate despite the employee's request?
- What should an employment certificate contain?
- What to do if the certificate contains unfavourable statements?
- Non-competition clause
- What is a non-competition clause?
- Can an employer prohibit an employee from being poached by a competitor?
- Can a non-competition clause result from a verbal agreement between the employer and the employee?
- Under what conditions is a non-competition clause valid?
- Can a non-competition clause be added to an employment contract during its term?
- Business ownership transfer
- What is meant by a business transfer?
- What is meant by a transferor?
- What is a transferee?
- To whom do the rules on the employment of employees apply in the event of a business transfer?
- What happens to employees' employment contracts when ownership of a business is transferred?
- What about the transferor and transferee's liability?
- What are the obligations of the transferor and the transferee?
- What about the collective rights of employees in the event of a company transfer?
- Can the transfer of a business be a reason for dismissal?
- What obligations do the transferor and the transferee have with regard to providing information and consultations?
- What is the impact of the transfer on the status of employee representatives?
- Unemployment compensation
- Who can be compensated for the loss of a job?
- How can a person receive unemployment benefits?
- How long can the unemployed person receive benefits?
- Are unemployment benefits payable if I lose my part-time job?
- Are employees who are ill at the end of their notice periods entitled to unemployment benefits?
- How much are unemployment benefits?
- Are unemployment benefits reduced if an unemployed person earns money intermittently?
- When do unemployment benefits end?
- Legal action before the Labour Tribunal
- Health & safety in the workplace
- Employees concerned
- Responsible players
- Occupational Health Services
- Pre-employment medical examination
- Are employees required to undergo a pre-employment medical examination?
- What is the purpose of the pre-hiring medical examination?
- In what cases are employees subject to periodic medical examinations?
- What is an at-risk position?
- What if an employee has been declared fit for work?
- What if an employee has been declared unfit for work?
- Place of work
- Illness
- Reclassification
- What does the Social Security Medical Board (CMSS) do with a long-term sick employee?
- What happens if CMSS considers the employee fit for work?
- What happens if CMSS considers that the illness is lasting?
- What happens if the CMSS discovers a disability?
- What happens if CMSS recommends internal or external reclassification?
- Am I protected against dismissal?
- Can I be internally reclassified?
- Can I be reclassified externally?
- CSL publication
- Occupational accidents and diseases
- Pregnant women, young people and disabled workers
- Harassment
- Discrimination
- Alcohol, drug abuse, smoking
- Social dialogue
- Staff representation
- Setting up staff delegations
- Composition of the staff delegation
- Appointment of the staff delegation
- Duration and end of the mandate
- Remit of the staff delegation
- Health and Safety Representative
- Equal Opportunity Officer
- Resources available to the staff delegation
- Organization and functioning
- Status of employee delegates
- Litigation
- Délégation au niveau de l’entité économique et sociale
- Employee representatives in limited companies
- Collective labour agreements
- National Conciliation Office (ONC)
- Negotiation of a collective labour agreement
- Parties to the collective agreement
- Agreements on inter-professional social dialogue
- Observatoire des relations professionnelles et de l’emploi (ORPE)
- Arbitration
- Content of the collective labour agreement
- Signature and entry into force of the collective agreement
- Staff representation
- Third country nationals
- Definitions
- Stay of less than three months
- Stay of more than three months
- Residence permit for highly skilled employment
- Work permits for seasonal workers
- Residence and work permit for self-employed persons and investors
- Residence permits for athletes
- Residence permit for students, pupils, trainees, volunteers or au pairs
- Residence permit for researchers
- Family reunification
- International protection
- Frontier workers
- Youth
- Permanent employment contract (CDI)
- Employing school pupils and students on fixed-term contracts (CDD)
- What are the features of this type of employment?
- Who can benefit from this arrangement?
- What is the maximum working time?
- What is the maximum duration of the contract?
- Is it necessary to enter into a contract?
- What should the contract say?
- How much is the pupil’s/student’s pay in such a fixed-term contract (CDD)?
- Does the pupil/student need to be registered for social security?
- Does the pupil or student have to pay tax?
- Is the pupil/student entitled to state financial assistance for higher education?
- Is the pupil/student entitled to days off and statutory holidays?
- Do trainees who are minors enjoy special protection by virtue of their age?
- Can the contract be terminated before it expires?
- Who supervises the employment of pupils and students outside the school holidays?
- Which court has jurisdiction in case of disputes?
- Initial professional training
- Public school system
- Apprentissage
- Prêt pour un apprentissage ? Voici comment faire...
- Quels sont les avantages d’une formation professionnelle sous contrat d’apprentissage ?
- Comment se déroule typiquement une formation organisée sous forme d’apprentissage ?
- Quels métiers / professions sont organisés sous contrat d'apprentissage ?
- Quels sont les droits et obligations d'apprenti ?
- À qui l'apprenti doit-il s'adresser lors de son apprentissage ?
- Qu'en est-il de l'apprentissage pour adultes ?
- Qu'en est-il de l'apprentissage transfrontalier ?
- Qu'en est-il des indemnités d'apprentissage ?
- Professional training courses
- Which vocational courses include internships?
- How do I find an internship position?
- Do I have to sign an internship agreement?
- What should the student intern commit to?
- What does the training organization have to commit to?
- What are the responsibilities of tutors in the school and professional environment?
- How is the placement course evaluated?
- What is the daily attendance time of student trainees in the training organization?
- Do student trainees get school holidays and vacations?
- Do student trainees receive compensation during the internship?
- What should the student trainee do in case of illness or absence?
- Are student trainees insured against accidents?
- What other protective provisions apply to student trainees?
- What happens if the course is interrupted?
- Can the internship agreement be interrupted?
- Useful information
- Employing school pupils and college students during academic holidays
- What are the features of this type of employment?
- Who can work as a pupil or student during academic vacations?
- Is there a maximum employment time?
- Is it necessary to enter into a contract?
- What should the contract say?
- How much is the pupil's/student's remuneration?
- Do pupils/students have to pay taxes?
- Is the pupil/student entitled to state financial assistance for higher education?
- Does the pupil/student need to be registered for social security?
- Is the pupil/student entitled to time off?
- Do pupils/students benefit from special protection?
- Can the contract be terminated before it expires?
- Who supervises the employment of pupils/students?
- Which court has jurisdiction in case of disputes?
- Internship
- Employment support contract (CAE)
- Who is eligible?
- How to find an available position?
- How is the contract concluded?
- How long does it last?
- How long does the young person work?
- How is the young person supervised?
- How is a young person evaluated?
- What is the young person's remuneration?
- What are the common law rules that apply?
- What are the young person's obligations?
- What assistance is available to the employer?
- How is the employer encouraged to hire the young person at the end of the contract?
- How does the contract end?
- CSL Publication and Case law
- Employment initiation contract (CIE)
- Who is eligible?
- How to find an available position?
- How is the contract concluded?
- How long does it last?
- How long does the young person work?
- How are young persons supervised?
- How is the young person evaluated?
- What is the young person's remuneration?
- What are the common law rules that apply?
- What assistance is available to the employer?
- How is the employer encouraged to hire the young person at the end of the contract?
- How does the contract end?
- What are the employer's obligations at the end of the contract?
- CSL Publication and Case law
- Working time
- What are young workers?
- What is meant by working time for young workers?
- What are the limits to working time applicable to young workers?
- What are the young worker's rest periods?
- Can young workers work overtime?
- Can young workers work at night?
- Can young workers work on Sundays or legal holidays?
- Can the working hours of young workers be made flexible?
- Social security
- Accidents
- Dependency
- Pensions
- Old age pensions
- What are the two main pension schemes in Luxembourg?
- How is the general scheme financed?
- What are the sources of funding for the general scheme?
- Under what conditions are pensions awarded?
- What are the different insurance periods?
- What are the procedures for applying for an old-age pension?
- What remedies are available?
- What is used to calculate the old-age pension?
- What are the minimum and maximum old-age pensions?
- What is the lump-sum child-rearing allowance?
- What happens if an old-age pension combined with other income?
- What amounts are withheld from old-age pensions?
- When can a refund of contributions be requested?
- Disability pension
- Survivor’s pensions
- Estimating your pension
- Did you know?
- Important questions – easily explained
- I am preparing my pension application...
- I have children...
- I work part-time
- I want my studies to be recognised for pension purposes...
- I wish to insure myself / pay contributions on a voluntary basis...
- I am interested in the purchase of periods...
- I have worked in several countries...
- The date if entitlement to the pension...
- The amount of my pension...
- I receive a pension and I continue to work...
- I receive a pension and I live abroad...
- I have become invalid...
- Regarding the survivor's pension...
- Useful information
- Old age pensions
- Aid
- Unemployment
- Family benefits
- What are the main amounts related to family benefits?
- The Children's Future Fund
- What are the different types of family benefits?
- What are the steps to obtain the benefits?
- What about payment of benefits?
- How are family benefits organised in the EU?
- What about the prescription of benefits?
- What about the assignment, pledging and seizure of benefits?
- What about undue benefits?
- What about penal provisions?
- Useful information
- CSL Publication
- REVIS
- What is a Social Inclusion Income (REVIS)?
- Who can benefit from REVIS?
- How is the REVIS calculated?
- Under what circumstances should the inclusion allowance be returned?
- How do I apply for a REVIS?
- What transitional provisions apply to recipients of the RMG?
- What are the remedies?
- What other public aid is available?
- Useful informations
- CSL Publication
- Housing
- Educational bursaries
- How has the graduate financial aid system evolved in recent years?
- What is new with the 29 October 2019 law?
- Who is eligible for state student financial aid?
- What financial aid is available to students?
- For how many semesters can a student receive financial aid?
- What steps must a student take to receive graduate financial aid?
- What documents should be submitted with an application for financial aid?
- What appeals of a decision to refuse financial aid are possible?
- Payroll taxation
- Legal library
- Employees
- Health, well-being and security at work
- Quality of Work Index Luxembourg
- Stressberodung
- Preventing psychosocial risks
- Your rights: Health & safety in the workplace
- Awareness campaign “Prevention of health risks in the workplace”
- Newsletter
- Initial professional training
- Presentation
- Public school system
- Apprenticeship
- Ready for an apprenticeship? Here's how to get started...
- What are the advantages of a vocational training under an apprenticeship contract?
- How does a typical apprenticeship training program work?
- Which trades / professions are organized under an apprenticeship contract?
- What are the rights and obligations of an apprentice?
- Who should the apprentice talk to during their apprenticeship?
- What about adult education?
- What about cross-border learning?
- What about apprenticeship benefits?
- Professional training courses
- Which vocational courses include internships?
- How do I find an internship position?
- Do I have to sign an internship agreement?
- What should the student intern commit to?
- What does the training organization have to commit to?
- What are the responsibilities of tutors in the school and professional environment?
- How is the placement course evaluated?
- What is the daily attendance time of student trainees in the training organization?
- Do student trainees get school holidays and vacations?
- Do student trainees receive compensation during the internship?
- What should the student trainee do in case of illness or absence?
- Are student trainees insured against accidents?
- What other protective provisions apply to student trainees?
- What happens if the course is interrupted?
- Can the internship agreement be interrupted?
- Useful information
- Economic pages
- Events
- Library
- 100 years CSL