Verträge und Entlassungen
Angaben im schriftlichen Arbeitsvertrag
An employment contract must be concluded in written form regardless of whether the contract of employment is for a fixed-term or an indefinite term. A written employment contract must be drawn up and signed between the parties before the commencement of employment. The employment contract must be drawn up in two originals, one copy for each party. Information regarding the identity of the parties, start date, place of work, job title, working hours, pay, and trial period must be given within seven calendar days from the first day of work. Additional information regarding leave termination rules, collective agreements, social security and pension details, and training rights must be given within 1 month from the first day of work.
A contract of employment must state the following information: identity of the parties; date of commencement of employment; workplace; job description; duration of work (working hours per day or per week); work schedules; remuneration; duration of the paid leave periods; duration of the notice period; duration of the probationary period, if any; reference to the applicable collective bargaining agreement; and reference to the extra-legal pension scheme, if any. Certain provisions must be expressly provided in writing to be enforceable, like probationary period and non-compete provisions. Certain additional provisions have to be added for fixed-term contracts. A fixed-term contract must have the following additional information: ground for entering into a fixed-term contract; expiry date of a fixed-term contract; minimum employment duration when expiry date is not clearly provided; name of the absent employee if a fixed-term contract is signed for temporary replacement of an absent employee; duration of any probationary period; and any renewal clause. The Law of 24 July 2024, implementing Directive (EU) 2019/1152, expanded the list of required clauses in employment contracts. Employers must now ensure that employment contracts, whether fixed-term, open-ended, apprenticeship, or student, include Job description, Rest periods, Public holidays, Overtime arrangements, Full details of the compensation package (e.g., entitlement, suspension, availability date), Salary payment date and payment terms, Contract termination procedure (for both employee and employer), Identification of the competent social security body.
An employment contract must be validly concluded in any language that is understood by both contracting parties. An essential element of the validity of an employment contract is the consent of the obligated party to enter into a contract. If an employment contract is concluded in a language unknown to the employee, such a contract may be declared invalid on the basis of a lack of consent. Thus, an employment contract may be concluded in any of the official languages (French, German or Luxembourg) or any other language understood by both parties (usually English).
Although the Labour Code requires a written contract, a verbal agreement is not void, and an employee may establish the existence of a verbal agreement by all means of evidence. If either of the parties refuses to sign a written contract, the other party may terminate the employment contract without any notice or payment of compensation within 30 days of the effective date of such contract. However, such termination should not occur during the first three days of the submission of the request to sign a written contract.
Under the amendment of the Labour Code in 2024, all employment contracts, whether fixed or indefinite, are to be made in writing and provided to both employee and employer. The contract must be delivered either on paper or electronically. If no written contract exists, the employee may prove the existence and terms of the employment relationship by any means. The 2024 amendment also expanded the mandatory content of contracts to include detailed pay information and introduced fines for employers who fail to comply.
Sources: §121-4, 122-2, 572 of Labour Code 2006, last amended in 2025; §1109 of Civil Code 1803, last amended in 2014
Befristete Beschäftigung
An employment contract may be concluded for a fixed term or an indefinite term. It must be provided in writing by the employer no later than the employee’s start date. There must be objective and material reasons for signing a fixed-term contract. If it is not clearly specified that the employment contract is for a fixed term, it is deemed to be a contract of indefinite term. A fixed-term contract worker should not be engaged for the permanent tasks of an enterprise. A fixed-term contract can be used to replace temporarily absent employees (on some type of leave); to meet the seasonal, temporary or urgent increase in the workload; to hire categories of unemployed persons registered with Agence pour le Développement de l’Emploi; and employment intended to promote hiring of certain categories of workers or to engage in training.
A fixed-term contract may be renewed twice; however, some categories of workers (teachers, artists, performers, and athletes) are not subject to restrictions on renewals of fixed-term contracts. The maximum length of a fixed-term contract, including renewals, cannot exceed 24 months in duration. Fixed-term contract for seasonal work cannot exceed 10 months in a 12-month period. In limited situations, the maximum length of a fixed-term contract, including renewals, is 60 months.
Under the amendment of the Labour Code in 2024, after the trial period, a fixed-term employee with at least 6 months of service may, once every 12 months, request conversion of their contract into a permanent one. The trial period must be at least 2 weeks and no more than one-quarter of the contract’s duration.
Under the same conditions, an employee may ask to switch to full-time or part-time work. The employer must reply within one month, and any refusal must be justified in writing.
Sources: §121.4 (1), 122, 122(10, 11) of Labour Code 2006, last amended in 2025
Probezeit
A fixed-term employment contract or contract of indefinite term may provide for a probationary or trial period clause. The purpose of a trial period is to help an employer assess the professional skills of a newly hired employee for the tasks entrusted to him, and to enable an employee to determine whether the job suits him and meets his expectations. The parties may agree to have a probationary clause in the employment contract. The probation/trial period clause must be clearly spelt out in the employment contract and before the commencement of employment.
In general, a trial period cannot be less than two weeks nor more than six months. The general maximum length of the trial period for an indefinite term contract is 06 months. There are, however, certain exceptions. The probationary period is 3 months for employees whose education level is less than “certificat d’aptitude technique et professionnelle de l’enseignement secondaire technique” (CATP). The probationary period, on the other hand, is 12 months if the initial gross monthly wage is greater than a certain amount, determined by a decree. The probation cannot be extended or renewed. However, if the trial period was suspended because of illness or family leave of an employee, the trial period is extended for the duration of such suspension; however, the total length of extension in this case cannot exceed one month. For fixed-term contracts, the law introduces a shorter trial period. The probation period is now limited to one quarter of the contract duration (previously it could be up to half of the contract).
Sources: §121-5 of Labour Code 2006, last amended in 2025
Beendigung des Arbeitsverhältnisses
Termination of employment In Luxembourg, an employment relationship can end in several ways. The most common are dismissal with notice, immediate termination for serious cause, mutual agreement, or termination during the probation period. Employment may also end because the business closes, on the employee’s death, or automatically in certain legally defined situations, such as retirement, disability pension, exhaustion of sickness benefits, medical unfitness, external reclassification, withdrawal of disabled status, or reorientation to the regular labour market.
Either the employer or the employee may terminate the contract immediately if the other party commits gross misconduct that makes it impossible to continue the employment relationship. The dismissal must be given in writing and must clearly state the reasons; otherwise, it may be treated as unfair. An employer may suspend the employee on full pay pending dismissal, but the formal dismissal must follow within eight days. The misconduct must also be invoked within one month of its discovery. Certified sick leave, by itself, is not a valid ground for immediate dismissal.
A dismissal is unfair if it is not based on genuine and serious reasons linked to the employee’s conduct, ability, or the employer’s operational needs, or if the legal procedure is not respected. The employee must generally bring a claim before the labour court within three months of the dismissal, although this period may extend to one year where a formal written complaint has been made. It is for the employer to prove that the dismissal was justified. Certain acts, such as taking part in a lawful strike or refusing certain changes to working arrangements, cannot in themselves justify dismissal.
If a dismissal is found to be abusive, the labour court may award damages for the loss suffered and may recommend reinstatement. If the employer refuses reinstatement, an additional month of salary may be payable. Where the problem is only procedural and the dismissal is otherwise justified, compensation is usually capped at one month’s pay. If the dismissal is legally null, the court must order reinstatement where the employee asks for it.
Source: §111.3, 124, 125 of the Labour Code, last amended in 2025
Vorschriften zu Beschäftigungsbedingungen
- Loi du 19 décembre 2014 relative à la mise en œuvre du paquet d’avenir
Angaben im schriftlichen Arbeitsvertrag
An employment contract must be concluded in written form regardless of whether the contract of employment is for a fixed-term or an indefinite term. A written employment contract must be drawn up and signed between the parties before the commencement of employment. The employment contract must be drawn up in two originals, one copy for each party. Information regarding the identity of the parties, start date, place of work, job title, working hours, pay, and trial period must be given within seven calendar days from the first day of work. Additional information regarding leave termination rules, collective agreements, social security and pension details, and training rights must be given within 1 month from the first day of work.
A contract of employment must state the following information: identity of the parties; date of commencement of employment; workplace; job description; duration of work (working hours per day or per week); work schedules; remuneration; duration of the paid leave periods; duration of the notice period; duration of the probationary period, if any; reference to the applicable collective bargaining agreement; and reference to the extra-legal pension scheme, if any. Certain provisions must be expressly provided in writing to be enforceable, like probationary period and non-compete provisions. Certain additional provisions have to be added for fixed-term contracts. A fixed-term contract must have the following additional information: ground for entering into a fixed-term contract; expiry date of a fixed-term contract; minimum employment duration when expiry date is not clearly provided; name of the absent employee if a fixed-term contract is signed for temporary replacement of an absent employee; duration of any probationary period; and any renewal clause. The Law of 24 July 2024, implementing Directive (EU) 2019/1152, expanded the list of required clauses in employment contracts. Employers must now ensure that employment contracts, whether fixed-term, open-ended, apprenticeship, or student, include Job description, Rest periods, Public holidays, Overtime arrangements, Full details of the compensation package (e.g., entitlement, suspension, availability date), Salary payment date and payment terms, Contract termination procedure (for both employee and employer), Identification of the competent social security body.
An employment contract must be validly concluded in any language that is understood by both contracting parties. An essential element of the validity of an employment contract is the consent of the obligated party to enter into a contract. If an employment contract is concluded in a language unknown to the employee, such a contract may be declared invalid on the basis of a lack of consent. Thus, an employment contract may be concluded in any of the official languages (French, German or Luxembourg) or any other language understood by both parties (usually English).
Although the Labour Code requires a written contract, a verbal agreement is not void, and an employee may establish the existence of a verbal agreement by all means of evidence. If either of the parties refuses to sign a written contract, the other party may terminate the employment contract without any notice or payment of compensation within 30 days of the effective date of such contract. However, such termination should not occur during the first three days of the submission of the request to sign a written contract.
Under the amendment of the Labour Code in 2024, all employment contracts, whether fixed or indefinite, are to be made in writing and provided to both employee and employer. The contract must be delivered either on paper or electronically. If no written contract exists, the employee may prove the existence and terms of the employment relationship by any means. The 2024 amendment also expanded the mandatory content of contracts to include detailed pay information and introduced fines for employers who fail to comply.
Sources: §121-4, 122-2, 572 of Labour Code 2006, last amended in 2025; §1109 of Civil Code 1803, last amended in 2014
Befristete Beschäftigung
An employment contract may be concluded for a fixed term or an indefinite term. It must be provided in writing by the employer no later than the employee’s start date. There must be objective and material reasons for signing a fixed-term contract. If it is not clearly specified that the employment contract is for a fixed term, it is deemed to be a contract of indefinite term. A fixed-term contract worker should not be engaged for the permanent tasks of an enterprise. A fixed-term contract can be used to replace temporarily absent employees (on some type of leave); to meet the seasonal, temporary or urgent increase in the workload; to hire categories of unemployed persons registered with Agence pour le Développement de l’Emploi; and employment intended to promote hiring of certain categories of workers or to engage in training.
A fixed-term contract may be renewed twice; however, some categories of workers (teachers, artists, performers, and athletes) are not subject to restrictions on renewals of fixed-term contracts. The maximum length of a fixed-term contract, including renewals, cannot exceed 24 months in duration. Fixed-term contract for seasonal work cannot exceed 10 months in a 12-month period. In limited situations, the maximum length of a fixed-term contract, including renewals, is 60 months.
Under the amendment of the Labour Code in 2024, after the trial period, a fixed-term employee with at least 6 months of service may, once every 12 months, request conversion of their contract into a permanent one. The trial period must be at least 2 weeks and no more than one-quarter of the contract’s duration.
Under the same conditions, an employee may ask to switch to full-time or part-time work. The employer must reply within one month, and any refusal must be justified in writing.
Sources: §121.4 (1), 122, 122(10, 11) of Labour Code 2006, last amended in 2025
Probezeit
A fixed-term employment contract or contract of indefinite term may provide for a probationary or trial period clause. The purpose of a trial period is to help an employer assess the professional skills of a newly hired employee for the tasks entrusted to him, and to enable an employee to determine whether the job suits him and meets his expectations. The parties may agree to have a probationary clause in the employment contract. The probation/trial period clause must be clearly spelt out in the employment contract and before the commencement of employment.
In general, a trial period cannot be less than two weeks nor more than six months. The general maximum length of the trial period for an indefinite term contract is 06 months. There are, however, certain exceptions. The probationary period is 3 months for employees whose education level is less than “certificat d’aptitude technique et professionnelle de l’enseignement secondaire technique” (CATP). The probationary period, on the other hand, is 12 months if the initial gross monthly wage is greater than a certain amount, determined by a decree. The probation cannot be extended or renewed. However, if the trial period was suspended because of illness or family leave of an employee, the trial period is extended for the duration of such suspension; however, the total length of extension in this case cannot exceed one month. For fixed-term contracts, the law introduces a shorter trial period. The probation period is now limited to one quarter of the contract duration (previously it could be up to half of the contract).
Sources: §121-5 of Labour Code 2006, last amended in 2025
Beendigung des Arbeitsverhältnisses
Termination of employment In Luxembourg, an employment relationship can end in several ways. The most common are dismissal with notice, immediate termination for serious cause, mutual agreement, or termination during the probation period. Employment may also end because the business closes, on the employee’s death, or automatically in certain legally defined situations, such as retirement, disability pension, exhaustion of sickness benefits, medical unfitness, external reclassification, withdrawal of disabled status, or reorientation to the regular labour market.
Either the employer or the employee may terminate the contract immediately if the other party commits gross misconduct that makes it impossible to continue the employment relationship. The dismissal must be given in writing and must clearly state the reasons; otherwise, it may be treated as unfair. An employer may suspend the employee on full pay pending dismissal, but the formal dismissal must follow within eight days. The misconduct must also be invoked within one month of its discovery. Certified sick leave, by itself, is not a valid ground for immediate dismissal.
A dismissal is unfair if it is not based on genuine and serious reasons linked to the employee’s conduct, ability, or the employer’s operational needs, or if the legal procedure is not respected. The employee must generally bring a claim before the labour court within three months of the dismissal, although this period may extend to one year where a formal written complaint has been made. It is for the employer to prove that the dismissal was justified. Certain acts, such as taking part in a lawful strike or refusing certain changes to working arrangements, cannot in themselves justify dismissal.
If a dismissal is found to be abusive, the labour court may award damages for the loss suffered and may recommend reinstatement. If the employer refuses reinstatement, an additional month of salary may be payable. Where the problem is only procedural and the dismissal is otherwise justified, compensation is usually capped at one month’s pay. If the dismissal is legally null, the court must order reinstatement where the employee asks for it.
Source: §111.3, 124, 125 of the Labour Code, last amended in 2025
Vorschriften zu Beschäftigungsbedingungen
- Loi du 19 décembre 2014 relative à la mise en œuvre du paquet d’avenir
