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> GOVERNANCE - home > Employment protection legislation database - EPLex > Luxembourg

Luxembourg - Substantive requirements for dismissals


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


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.


+ show references

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


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; age; trade union membership and activities; disabilities; ethnic origin
Remarks:
  • 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
Remarks:
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.


+ show references

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


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; age; disabilities; ethnic origin
Remarks:
  • 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
Remarks:
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.


+ show references

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


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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; disabilities; ethnic origin
Remarks:
  • 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
Remarks:
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.