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Luxembourg - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Luxembourg - 2012    

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Obligation to provide reasons to the employee: Yes
  • Art. L 124-5 (2) LC.

Valid grounds (justified dismissal): any fair reasons
  • Art. L 124-5 (2) LC : this article requires that the reasons be genuine and serious ("motifs réels et sérieux").

Prohibited grounds: marital status; pregnancy; maternity leave; race; sexual orientation; religion; political opinion; age; trade union membership and activities; disabilities; ethnic origin
  • Except for marital status and pregnancy, those grounds are listed in art. L 251-1 LC (non-discrimination in employment including dismissal: art. L 251-2 1) c) LC).
    * Marital status: art. L 337-5 LC: No contractual clause can stipulate that the contract of a woman employee be terminated on the grounds that she got married.
    * Pregnancy and maternity leave: art. L 337-1 LC: Dismissal with notice is prohibited during pregnancy (as established by a medical certificate), during a period of 12 weeks after birth.

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.