Priority for re-employment
When recruiting new employees, the employer must hire, as a priority, his former employees or certain categories of employees who correspond to the profile required.
In order to benefit from this right, workers must meet certain conditions and deadlines.
Who is concerned
Employers who wish to hire new employees must give priority for (re-)employment to the following former employees provided they fit the required profile (training, skills and experience):
- employees dismissed for economic reasons;
- employees having tendered their notice at the end of their maternity leave or their adoption leave with the aim to fully concentrate on their children's education;
- former beneficiaries of employment initiation contracts (contrat d'initiation à l'emploi - CIE) who are unemployed again.
Deadlines
The application for priority for re-employment has to be submitted within a year:
- for employees dismissed for economic reasons, the one-year deadline starts running as from the date their departure becomes effective;
- for employees having tendered their notice at the end of their maternity/adoption leave, the one-year deadline starts running as from the end date of their maternity/adoption leave.
How to proceed
Application for re-employment by the employee
Application by the employee dismissed for economic reasons
Employees dismissed for economic reason may benefit from priority for re-employment during one year as from the end of their employment contract provided they inform their former employer about their intent to benefit from this right for one year as from their dismissal. They must express their intent to benefit from the priority rights in writing (on plain paper).
Application by the employee having tendered his notice at the end of a maternity/adoption leave
Employees who wish to fully concentrate on their children's education and who subsequently tender their notice at the end of their maternity/adoption leave benefit from priority for re-employment for one year as from the date of their application for re-employment.
Their must express their intent to benefit from priority for re-employment within one year of their resignation. Their intent must be submitted in writing (by registered mail with acknowledgement of receipt).
Priority for re-employment must not be mistaken with unpaid leave following which the employee automatically returns to his position in the company.
Application by the employee, former beneficiary of an employment initiation contract
The former beneficiary of an employment initiation contract (CIE) who is unemployed again will automatically benefit from priority for re-employment rights from the end of his employment contract and for a period of time which is identical to his period of employment in the company.
Publication of a vacant position by the employer
Employers are required to inform their former employees with priority for re-employment about any available job opening in the company which fits their profile. Applications from former employees for these job openings must be given priority.
Failing this, the employer's responsibility is engaged and he may be sentenced to pay damages to the former employee.
However, priority for re-employment is not a guarantee for re-employment. Thus, re-employment cannot be guaranteed to the employee and it cannot be guaranteed that the employee can return to the position held prior to his departure.
Former employees will only be informed about available positions which fit their profile.
Information for employees dismissed for economic reasons
An employer must inform his former employees with priority for re-employment in writing about any job opening which fits their profile. It is recommended to send the job offer by registered mail with acknowledgement of receipt to the former employees.
Information for employees who resigned after the end of their maternity/adoption leave
An employer must inform his former employees with priority for re-employment by registered mail with acknowledgement of receipt about any job opening which fits their profile.
Information for employees who were former beneficiaries of an employment initiation contract
An employer must inform his former employees with priority for re-employment in writing about any job opening which fits their profile. It is recommended to send the job offer by registered mail with acknowledgement of receipt to the former employees.
Applying for the job opening
Employees are free to accept or decline their former employer's job offer.
If the employee accepts the offer, he must sign a new employment contract with the employer.
Application by the employee dismissed for economic reasons
Whether they accept or decline the offer, employees must reply in writing. It is recommended to send the reply to the job offering by registered mail with acknowledgement of receipt.
Application by the employee having resigned at the end of a maternity/adoption leave
Whether they accept or decline the offer, these employees must send their reply by registered mail with acknowledgement of receipt.
If the employee accepts the job offer, the employer must grant him all the privileges and benefits he was entitled to prior to his resignation.
Application by the employee, former beneficiary of an employment initiation contract
Whether they accept or decline the offer, employees must reply in writing. It is recommended to send the reply to the job offering by registered mail with acknowledgement of receipt.
The reply must be sent within 8 days of receipt of the job offering.
Forms / Online services
Lettre de demande de priorité de réembauchage (suite à licenciement économique)
Lettre de demande de priorité de réembauchage (après le congé maternité)
Muster eines Antrags auf bevorzugte Wiedereinstellung
Who to contact
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National Employment Agency (ADEM)
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Occupational Counselling and Redeployment Panel19, rue de Bitbourg
L-1273 Luxembourg-Hamm
Luxembourg
Postal address :
B.P. 2208, L-1022 Luxembourg
Phone : (+352) 247 - 88000 -
Department for Workers with Reduced Working Capacity19, rue de Bitburg
L-1273 Luxembourg
Luxembourg
Phone : (+352) 247 - 88000Fax : (+352) 247 - 85402 -
Disability and Redeployment Department19, rue de Bitbourg
L-1273 Luxembourg
Luxembourg
Postal address :
B.P. 2208 L-1022 Luxembourg
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Head Office in Luxembourg City19, rue de Bitbourg
L-1273 Luxembourg
Luxembourg
Postal address :
B.P. 2208 L-1022 Luxembourg
Phone : (+352) 247 - 88000 -
Career Guidance - Luxembourg City - Maison de l'orientation (Educational and Vocational Guidance Centre)29, rue Aldringen
L-1118 Luxembourg
Luxembourg
Postal address :
B.P. L-2926 Luxembourg
Phone : (+352) 247 - 85480Fax : (+352) 40 61 39Monday to Friday from 8.00 to 12.00 and from 13.00 to 17.00 -
Diekirch Agency2, rue de Clairefontaine
L-9220 Diekirch
Luxembourg
Postal address :
B.P. 7 L-9201 Diekirch
Phone : (+352) 247 - 88000Fax : (+352) 80 26 3508.00 - 12.00 and 13.00 - 17.00 -
Career Guidance - Diekirch - Maison de l'orientation (Educational and Vocational Guidance Centre)7, avenue de la Gare
L-9233 Diekirch
Luxembourg
Postal address :
B.P. 7 L-9201 Diekirch
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Differdange Agency23, Grand-rue
L-4575 Differdange
Luxembourg
Postal address :
B.P. 5 L-4501 Differdange
Phone : (+352) 247 - 88000Fax : (+352) 247 - 7535108.00 - 12.00 and 13.00 - 17.00 -
Dudelange Agency56, rue du Parc
L-3542 Dudelange
Luxembourg
Phone : (+352) 247 - 88000Fax : (+352) 247 - 75 47108.00 - 12.00 and 13.00 - 17.00 -
Esch-sur-Alzette Agency1, boulevard Porte de France
L-4360 Esch-sur-Alzette
Luxembourg
Postal address :
B.P. 289 L-4003 Esch-sur-Alzette
Phone : (+352) 247 - 88000Fax : (+352) 54 10 5808.00 - 12.00 and 13.00 - 17.00 -
Wasserbillig Agency44, esplanade de la Moselle
L-6637 Wasserbillig
Luxembourg
Postal address :
B.P. 38 L-6601 Wasserbillig
Phone : (+352) 247 - 88000Fax : (+352) 247 - 7539108.00 - 12.00 and 13.00 - 17.00 -
Wiltz Agency20, rue Winseler
L-9577 Wiltz
Luxembourg
Postal address :
B.P. 57 L-9501 Wiltz
Phone : (+352) 247 - 88000Fax : (+352) 95 86 1108.00 - 12.00 and 13.00 - 17.00 -
Financial Management of Support Measures - Young Persons10, rue Bender
L-1229 Luxembourg
Luxembourg
Postal address :
B.P. 2208 L-1022 Luxembourg
Fax : (+352) 29 65 90 -
Employer Services – Department for Third-Country Workers19, rue de Bitbourg
L-1273 Luxembourg-Hamm
Luxembourg
Phone : (+352) 247 - 88000Fax : (+352) 247 - 90410 -
Job Protection Department1, boulevard Porte de France
L-4360 Esch-sur-Alzette
Luxembourg
Postal address :
B.P. 289 L-4003 Esch-sur-Alzette
Phone : (+352) 247-88000Fax : (+352) 40 59 88