Dismissal in Luxembourg: your rights

Nora Kussmannavatar

Published on 01/08/2023, by Nora Kussmann

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Do you work in Luxembourg and have just received your letter of dismissal? Would you like to know more about the procedure, your compensation and your rights? The Frontaliers Grand Est team is here to help!

 

The dismissal procedure

 

If your company has more than 150 employees, you will be summoned to a preliminary interview at which the reasons for your dismissal have to be explained. There, you have the opportunity to express your point of view and to be officially represented.


Following this interview, if your employer decides to dismiss you, a letter of dismissal is sent with acknowledgement of receipt within 1 to 8 days. They didn’t give a reason? Don't worry, your employer in Luxembourg is under no obligation to mention the reasons for your dismissal (this does not apply in the case of serious misconduct or economic redundancy).

 

But you would like to know anyway? You have one month to request an answer. Your employer will then be obliged to inform you within one month of receiving your letter why they are dismissing you. The reasons for your dismissal must be real and serious.

 

Notice of dismissal

 

Depending on how long you've been with the company, the employer must respect a certain notice period (except in the case of serious misconduct). Your notice period begins either on the 15th of the current month if you were notified of dismissal before the 15th, or on the 1st day of the following month if you were notified of dismissal after the 15th.


 

Your employer may waive the notice period, but they must still pay you your normal salary. During this period, you are entitled to days off the same as if you were working.

 

Attention: you have a right to take up to 6 leave days in order to go job searching during your notice period (if you carry it out).

 

Your rights: if you have worked for more than 5 years with the company that is dismissing you, you are entitled to receive severance payment. This depends on the length of your employment at the company.


 

Please note that certain people are protected against dismissal due to their situation.

 

In the event of dismissal (except if the reason is serious misconduct), after a certain period of affiliation, you are entitled to unemployment benefits. In this case, you'll need to open a file with your local unemployment office.

 

 

You still have questions about your dismissal? Visit the Frontaliers Grand Est website or contact them directly.

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