A dismissed employee is entitled to an additional paid leave of a maximum of 6 working days during their notice period. The leave is fully paid and can be split up into shorter periods. The employee is meant to use this leave to search for new employment.
Who is concerned
The following employees are entitled to the job search leave:
- employees dismissed with notice by their employer and previously employed by a company legally established and active in Luxembourg;
- who are serving their notice period.
An employee who has been exempted from work during the notice period is not eligible for this type of leave. However, if the exemption from work does not cover the entire notice period, the employee may request all of the 6 days' leave to search for new employment.
The following employees are not entitled to the job search leave:
- those who have been dismissed for serious misconduct;
- who have resigned;
- whose employment contract has been terminated by mutual agreement of the parties;
- who have been dismissed during the trial period.
In order to benefit from job search leave, the dismissed employee domiciled in the Grand Duchy of Luxembourg must
- register as a job seeker with the National Employment Agency (Agence pour le développement de l'emploi – ADEM);
- provide their employer with proof that they are indeed expected at a job interview.
In the absence of an agreement between the employer and the employee, registration with the ADEM does not fall under the auspices of job search leave and must be done outside of normal working hours.
How to proceed
Filing an application
The employee must apply in advance for the leave needed to attend a job interview in order to avoid any disruption to the organisation of the company. The employer can, in principle, only refuse the requested leave for compelling reasons of work.
The employee must provide proof that he or she effectively participated in a job interview by completing the pre-filled form:
- provided on request by ADEM; and
- countersigned by the recruiter after the interview.
Any other attestation delivered by the recruiter with whom the employee interviewed is valid.
This leave can be used for employment offers presented by ADEM and for offers found through the employee's own initiative, provided the employee's absences are justified and proven to the employer by an attestation signed by the recruiter.
Duration of leave
Job search leave is limited to 6 working days over the whole duration of the notice period.
This special leave, which is paid by the employer:
- is valid only during the notice period, when the employee is still required to work. It cannot be taken at the end of the notice period in order to extend the duration of the notice period;
- must be divided into the periods of time during which the employee has arranged interviews. The employee may not take the leave all at once. The leave can be taken per:
- half-day or day.
Job seekers, whether or not registered with ADEM, can consult ADEM's JobBoard. The JobBoard is an online interactive platform which allows to put job seekers and employers in Luxembourg in touch with each other. Any job seeker can consult the job offers publicly advertised by businesses without any further formalities.
However, only job seekers registered with ADEM will:
- be granted exclusive access to job offers during the first 7 days of their publication;
- have an online candidate profile that can be consulted by employers on the JobBoard.