Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Luxembourg - 2012
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- Labour Code [LC], 31 July 2006, including amendments up to 31 October 2012
(Code du travail - available only in French)
Date: 31 Oct 2012; view website » (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: Yes
- 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
- 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
- Mandatory conciliation is only foreseen for collective disputes: art. L. 164-1 LC.
Competent court(s) / tribunal(s): labour court
Existing arbitration: No