Secondment Agreement Luxembourg

The maximum working time is 10 hours per day and 48 hours per week. An employee cannot unsubscribe from these restrictions. The employer may adjust the working time of his workers over a reference period, provided that the average weekly working time during the reference period (maximum four months in the absence of a collective agreement) does not exceed 40 hours or a corresponding tariff limit. In this case, a work organisation plan must be drawn up no later than five days before the start of work planning, submitted to the workers` representatives (if any) for their opinion and hidden at the workplace. Wages provided for by law, collective agreements and employment contracts are indexed according to the cost of living. The index is currently 834.76. This shows once again the importance of highlighting the distinction between different forms of labour relations. It is important to make a conscious decision and apply the right rules. The Ministry of Social Affairs and Employment has recently published a guide in which it examines the distinction between entering into a contract and the provision of labour, such as secondment and pay slip. The guide can be found here, but is only available in Dutch. Article 1134 of the Civil Code stipulates that agreements must be executed in good faith.

Under this legal provision, workers have a general duty of loyalty in the performance of the employment contract. Article 1134 of the Civil Code may therefore be invoked if, in the course of the employment contract, a worker has committed unfair conduct which would have caused harm to the employer after the termination of the employment contract. However, the court will consider whether damages are due for violation of article 1134 of the Civil Code. By law, students or researchers under an EU or multilateral programme, including mobility measures, are granted a residence permit valid for at least two years (compared to one year without the programme) or for an equivalent period during the student`s course or the researcher`s admission agreement or employment contract. if this period is shorter. Any agreement between the employee and his employer on the invention of a worker must be concluded in writing in the absence of nullity. With the help of a request from his doctor and in agreement with the employer, a worker may, under certain conditions, request a gradual return to work for therapeutic purposes, which may be granted by a prior decision of the sickness fund. During this period of gradual return to work, the worker receives sickness benefits from the sickness fund. He or she is then fully covered and covered by the health insurance fund, although he or she works part-time for the employer as part of a gradual return to work. An employer to whom ADEM has not submitted an suitable candidate within a reasonable time after the declaration of a vacant post may apply to the Director of ADEM for a certificate enabling the employer to hire a third-country national. .

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