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

Luxembourg - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.

    However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.

Reinstatement available: Yes

Remarks:
  • Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
    In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).

Preliminary mandatory conciliation: No

Remarks:
  • Mandatory conciliation is only foreseen for collective disputes: art. L. 164-1 LC.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L 124-11 (2) LC.

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.

    However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.

Reinstatement available: Yes

Remarks:
  • Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
    In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).

Preliminary mandatory conciliation: No

Remarks:
  • Mandatory conciliation is only foreseen for collective disputes: art. L. 164-1 LC.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L 124-11 (2) LC.

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.

    However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.

Reinstatement available: Yes

Remarks:
  • Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
    In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).

Preliminary mandatory conciliation: No

Remarks:
  • Mandatory conciliation is only foreseen for collective disputes: art. L. 164-1 LC.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L 124-11 (2) LC.

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.

    However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.

Reinstatement available: Yes

Remarks:
  • Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
    In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).

Preliminary mandatory conciliation: No

Remarks:
  • Mandatory conciliation is only foreseen for collective disputes: art. L. 164-1 LC.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L 124-11 (2) LC.

Existing arbitration: No