Labour and employment—Luxembourg—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Luxembourg—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Luxembourg—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Luxembourg published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Castegnaro—Guy Castegnaro; Ariane Claverie; Christophe Domingos

1. What are the main statutes and regulations relating to employment?

Luxembourg employment law is primarily regulated by the Labour Code that came into force on 1 September 2006.

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

The Law of 28 November 2006 (articles L251-1 to L254-1 of the Labour Code) prohibits any direct or indirect discrimination based on religion, convictions, disability, age, sexual orientation, real or supposed belonging to a nationality, race or ethnic origin. Harassment or encouragement to harassment are considered as discrimination.

The term ‘nationality’ was added into the Labour Code by the Law of 7 November 2017, completing the transposition of Directive 2014/54/EU of 16 April 2014 on measures to facilitate the exercise of the rights conferred to workers in the context of the free movement of workers. This law specifies that the principle of equal treatment based on nationality does not preclude the application of the legal provisions and conditions concerning the entry, stay and hiring of third-country nationals and stateless persons in the national territory, and of any treatment related to

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