Employment & Benefits, Castegnaro updates


Contributed by Castegnaro
Non-compliance with leave request procedures: unjustified absence?
  • Luxembourg
  • 05 February 2020

In the event of disputes concerning absences from work, employees must provide proof of their agreement with their employer regarding leave requests; otherwise, their absence may be considered unjustified and could lead to dismissal. In a recent case, the Court of Appeal fully recognised the binding force of internal regulations on employers and employees – provided that the latter are aware of such regulations.

Absenteeism due to depression: is dismissal valid?
  • Luxembourg
  • 29 January 2020

Under certain conditions, frequent absenteeism due to health reasons may constitute a valid reason for dismissal. However, what happens when an employee's absenteeism is linked to depression caused by work stress? A recent Court of Appeal decision considered this issue and shows that dismissal based on frequent absenteeism could, in principle, be considered abusive.

Drink or work: a choice must be made
  • Luxembourg
  • 22 January 2020

Employees may drink a small glass of alcohol in the workplace, whether at after-work events or professional lunches or during festivities organised by the company. However, what happens if an employee arrives at work intoxicated? The Court of Appeal was recently confronted with such a situation and had to consider the conditions under which an employee's state of intoxication can justify their dismissal.

Can an employee justify their immediate resignation due to imperfect management of company?
  • Luxembourg
  • 18 December 2019

The Court of Appeal has ruled that employers' decisions regarding their economic policy, internal organisation and operating procedures cannot justify an employee's resignation due to serious misconduct. The court ruled that the claimant's resignation with immediate effect was abusive and thus denied his claim for damages.

Moral harassment in the workplace: what is Luxembourg's stance?
  • Luxembourg
  • 11 December 2019

The International Labour Conference recently adopted Convention 190 on Violence and Harassment at Work, which reminds member states of their responsibility to promote a general environment of zero tolerance. In its preamble, the convention states that violence and harassment in the world of work can be a violation of human rights and threaten equal opportunities and are incompatible with decent work. But what is the legal framework in Luxembourg?

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