FAQ

Employment

This page was last modified on 04-09-2017

Can you provide me with an estimate of the amount of my pension? 

To find out the amount of your pension, you'll need to contact the National Pension Insurance Fund (Caisse nationale d'assurance pension - CNAP).

Please note that the CNAP will only be able to inform you of the exact amount of your retirement pension once you have turned 55.

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My employer has just dismissed me but did not know that I am pregnant. What are my rights?

It is prohibited for an employer to dismiss a pregnant employee—or to summon her for a pre-dismissal interview—when the pregnancy is documented by a medical certificate.

If you are given notice of termination of your employment contract before you submit your medical certificate, you have 8 days to send your medical certificate to your employer. The certificate must be sent by registered letter. You also have 15 days to apply to the president of the labour tribunal to have the dismissal declared invalid.

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Is the unemployment allowance indexed?

Yes. It is adjusted in line with changes in the cost of living.

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Is a verbal dismissal lawful?

No. To be lawful, the dismissal of an employee must be by registered letter, delivered by post or by hand, and the signature of the employee must appear on the second copy of the letter of dismissal.

Therefore, verbal dismissals are unlawful. However, an employee who claims to have been dismissed verbally must be able to prove that this was the case.

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If I get ill while on holiday, would I be entitled to "real leave" at some other time?

If an employee falls ill while on holiday, any days of illness attested to by a medical certificate are not considered leave. The leave must then be re-scheduled by mutual agreement between the employer and the employee.

Employees on leave in Luxembourg must notify their employer by sending them a medical certificate within 3 days. If they are abroad, they must take all necessary steps to ensure that the certificate reaches their employer as soon as possible.

I am an employee working 30 hours a week and have been offered a second job for 15 hour a week. Can I accept it?

It is entirely possible to have several jobs, provided your work time does not exceed the standard maximum work time limit of 40 hours per week.

If your combined work time exceeds 40 hours per week, you must inform the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) of the jobs held.

I have been summoned to court as a witness. Do I need to take a day of leave to attend?

Testifying in court is a mandatory civil requirement. Employees are not obliged to take leave in order to appear in court. Under the Labour Code, absence from the workplace is not deemed to be unjustified and counts as effective paid working time.

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Does my length of service carry over if my company changes owners?

If a business changes owners, the employee's length of service under the previous owner prior to the transfer is taken into account for the calculation of benefits of a financial nature.

Employees are therefore entitled to demand that their length of service be taken into account by the new owner for the calculation of notices of dismissal or resignation, calculation of severance pay, or increases in salary.

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Can I work if I'm receiving a pension?

Retirees over the age of 65 are allowed to engage in a full-time, paid professional activity. As such, they are free to receive both their pension and a salary.

Pensioners under the age of 65 may also hold a 'minor job'. The term 'minor job' means paid employment that earns an income which, distributed over a calendar year, does not exceed one third of the social minimum wage per month. If the income received exceeds this threshold, the amount of the pension will be reduced.

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