Any natural or legal person:

• the accredited natural person has the title accredited assistant for inclusion in employment (assistant) - (assistant à l’inclusion dans l’emploi agréé);
• the accredited legal person has the title accredited assistance service for inclusion in employment (assistance service) - (service d’assistance à l’inclusion dans l’emploi agréé).

Common requirements

Applicants must also:

• understand and speak at least one of Luxembourg's 3 official languages (Luxembourgish, German, French);
• meet the conditions of good repute;
• be registered with the Joint Social Security Centre (Centre commun de la sécurité sociale - CCSS).

Preliminary steps

If you obtained your secondary school-leaving diploma abroad, you must have it officially recognised.

The application for accreditation is free of charge.

Submitting the application

You must send the application for accreditation to the Ministry of Family Affairs, Solidarity, Living Together and Reception of Refugees:

• either online via MyGuichet.lu (this is a procedure with authentication which requires a LuxTrust product)
• or by email or post using the application form to be sent to the ministry.

Supporting documents

Proof of qualification

In order to provide proof of your qualifications, you must attach the following to your application:

• a curriculum vitae;
• a copy of your diploma;
• where applicable, a copy of the certificate of recognition of the diploma;
• a certificate of affiliation with the CCSS in the event of professional practice in Luxembourg.
• in the event of previous work experience in another EU Member State, a certificate (EC certificate of experience or equivalent) issued by the competent authority or body in the country of origin (generally a professional association);
• a copy of the work certificates that attest the years of professional experience required.

Documents attesting to professional integrity

You must provide proof of professional integrity:

• if you have been residing in Luxembourg for more than 10 years: you must provide an extract from the criminal record (record no. 3);
• if you do not reside in Luxembourg or have been residing in the country for less than 10 years: an extract from the criminal record (record no. 3) or equivalent issued by the country or countries in which you resided in the 10 years preceding the application.

Additional documents

You must also include the following documents with your application:

• for citizens of Luxembourg, the European Union or the European Economic Area (Iceland, Liechtenstein, Norway, Switzerland): a copy of their ID card or passport;
• for citizens of other countries: a written confirmation by the Minister responsible for Immigration that you satisfy all the conditions for obtaining the residence permit applied for.

Application processing time

Applications will usually be processed within 3 months from the receipt of the complete application file.

Appeal

A negative decision on an application for a business permit is an administrative decision against which the usual means of appeal (non-contentious appeal, judicial appeal) can be used, provided the legal deadlines are complied with.

Claims may also be filed with the Ombudsman.

Obligations

Continuous training

Accredited assistants must complete at least 20 hours per year of continuous training offered by a training institution:

• that is accredited to provide training in Luxembourg; or
• that is recognised as such in another EU Member State, the EEA or the Swiss Confederation.

Professional secrecy

Assistants/assistance services are bound to professional secrecy in respect of any personal data to which they may be privy.

Their missions

The assistant/assistance service must:

• assess the employment situation and describe the problems and special needs of the worker who is receiving their assistance services in their workplace;
• identify the needs of the employer and of the business's employees, especially regarding their preparedness for and awareness of the worker's disabling or health condition and special needs;
• draft and send to the director of the National Employment Agency (Agence pour le développement de l’emploi - ADEM):
  • the individualised inclusion plan or revised individualised inclusion plan within one month of receiving notification of the ADEM director's approval or rejection of the application for assistance;
  • quarterly statements and annual reports describing the changes in the worker's situation in their workplace and listing the actions undertaken;
  • the final report:
    • containing their conclusions and the actions they recommend once support has ended;
    • within 2 months of the end of the employment support.

Validity of the accreditation

The accreditation is valid for 5 years.

Anyone who has obtained accreditation may apply for its renewal as long as they fulfil the eligibility requirements.

The minister may check compliance with the requirements at any time.

Revocation of the accreditation

If the holder fails to satisfy any one of the accreditation requirements, the minister may revoke the accreditation.

Before putting the revocation into effect, the minister will send the accredited assistant/assistance service a formal notice requesting them to comply with the requirements within 3 months.

The accreditation may be revoked without formal notice and with immediate effect in the case of serious misconduct on the part of the assistant/assistance service. In that case, they will have to cease providing their assistance services immediately.

Sanctions

Any assistant/assistance service that fails to uphold the obligation of professional secrecy may be held criminally liable and sentenced to imprisonment and/or a fine.

Procedures

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