What is an application for interim relief?

Summary proceedings is a means of recourse before the Chief Judge of the Labour Tribunal allowing employees to quickly obtain the conviction of the employer.

In order to be successful, the employee’s claim must not be seriously challenged by the employer.

Accordingly, a summary judgment in labour matters can be used to obtain payment of salary arrears, compensation in lieu of notice, severance pay or even compensation for outstanding leave.

Before starting the legal proceedings, a formal notice must be sent to the employer by registered letter and a deadline must be set for the payment of amounts owed.

This formal notice of default shall have the effect of accruing interest at the legal rate.

In the case of sexual harassment, employees who believe they have been the victim of such conduct may also apply to the Chief Judge of the Labour Tribunal to order the employer to put an end to it.

What form does the application take?

The procedure for a summary dismissal is initiated by means of a written request addressed to the Chair of the competent Labour Tribunal (Luxembourg, Diekirch or Esch-sur-Alzette). The territorial competence of the Court depends on the place of work of the employee.

Where the place of work extends over the jurisdiction of several courts, the court of the principal place of work shall have jurisdiction.

Where the place of work extends over the entire territory of the Grand Duchy, the court sitting in Luxembourg shall have jurisdiction.

There are three justices of the peace, one in Luxembourg, one in Esch-sur-Alzette and one in Diekirch. The Labour Tribunals are located at the level of the justices of the peace.

The Justice of the Peace of Luxembourg comprises the cantons of Luxembourg, Grevenmacher, Mersch, Remich and the communes of Garnich, “Habscht”, Kehlen, Koerich, Kopstal, Mamer and Steinfort, the Justice of the Peace of Esch-sur-Alzette comprises the cantons of Esch-sur-Alzette and the communes of “Käerjeng” and Dippach, the Justice of the Peace of Diekirch comprises the cantons of Diekirch, Clervaux, Echternach, Redange, Vianden and Wiltz.

To find out which court has jurisdiction, you can use the search tool at www.justice.public.lu under “Directory of localities”.

The application is to be filed at the clerk’s office of the Labour Tribunal in as many copies as there are parties involved. It is necessary to add one additional copy per party, whereas the law requires that the parties be informed by registered letter as well as by simple letter: 6 copies in addition to the original (2 copies per party, 1 copy for the President, 1 copy for the file), or 8 copies in addition to the original when the State is involved.

What is included in the application?

In order to be admissible, the application must contain a certain number of items:

• the surname, first names, occupation and domicile of the employee;
• the capacity in which the employee is acting;
• employer’s contact information;
• the subject of the application;
• a brief explanation of the background to the case;
• a numerical indication of the amounts the employee is claiming from the employer;
• the grounds for the application and their legal basis;
• an inventory of all the documents that the employee invokes in support of his petition; the documents in question are to be attached in copy to the application.

The application must be dated and signed by the employee or, if applicable, by his lawyer.

How do the proceedings take place?

After the application has been submitted, the Court Clerk shall summon the parties, indicating the day, time and place of the hearing.

On the date indicated, the parties shall appear before the Court, either personally or through a lawyer.

The case is either heard at this first hearing, or postponed to eight or two weeks, in particular when documents in support of the various claims must be submitted.

When the case is heard, the Chief Judge of the Court shall hear the parties’ explanations, receive their documents and set a date for issuing a ruling.

The Chief Judge of the Labour Tribunal will issue a ruling in the form of an order.

Either party may appeal against this decision.