What are the steps to resign from my job in Luxembourg?
Instructions for resigning from your job in Luxembourg? Your rights, your procedures, your obligations.
To bring their decision to the attention of the employer, an employee in Luxembourg can choose between two different forms:
- either he sends his resignation by registered mail at the post office;
- either he puts his mailing letter in person to the employer while having him sign on a duplicate copy as an acknowledgment of receipt.
It should be emphasized that even if the employee does not comply with either of these two forms, the dissemination is not therefore considered irregular and remains legally valid, however.
Should the employer be told the reason for the broadcast?
A resignation never needs to be justified, the employee being free to leave the company without having to justify himself.
This applies both to an issue with notice and to an issue with immediate effect, it being understood that in the latter case, the serious reason must not have been known to the employee for more than one month. Also the alleged facts must be real and the employee must be able to provide proof of them in the event of a possible dispute before the Labor Court.
What is the notice period for resignation?
The notice that the employee must give when resigning is determined according to his length of service.
Thus, if he has been in the service of his employer for less than 5 years at the time of his resignation, he must give one month’s notice. If he has a seniority of service between 5 and 10 years, he must give two months’ notice. Finally, if he has been employed for 10 years or more with his employer, he must observe a notice period of three months.
Remember that in the event of resignation during the trial period, the notice periods are different.
The basic rule is that 4 days notice is required per trial month agreed in the contract, with a minimum of 15 days and a maximum of one month. Thus, in the event of a trial period of 6 months, the employee must give 24 days’ notice to the employer.
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What is the starting point of the notice?
The starting point of the notice depends on when the letter of resignation is sent or delivered by hand.
If the broadcast is notified or delivered to the employer before the 15th of the month, the notice begins to run from the 15th of this month.
On the other hand, if the letter is notified or delivered between the 15th and the last day of the month, the notice does not begin to run until the 1st of the following month.
Remember that the rule of the 15th and the 1st of the month does not come into play in the event of resignation during the trial period. Indeed, in the event of resignation during the trial period, the notice may begin at any time and is based on a duration relating to calendar days.
Note that the entire notice period must be before the end of the trial period, failing which the employment contract is deemed to be a final contract.
What is the sanction if the employee does not respect the notice?
In the event that the employee leaves his duties without accepting the period of notice to which he is bound, he must pay an indemnity to his employer called “compensatory indemnity for notice”.
This corresponds to the salary due for the notice that the employee should have given or to the part of this notice that he did not respect.
It should be noted that this sanction does not exist in the event of notice not being respected within the framework of the trial period.
Can the notice period be compensated with the leave still due to the employee?
No, if an employee of a sender is still entitled to days off, he cannot automatically give a shorter notice to his employer by compensating for the days off remaining due to him. It is the same for the employer who cannot force the employee to clear his leave during the notice period.
If the employee wants to take his leave during the notice period, he makes a request to his employer. The employer may, however, refuse if the service needs or the priorities granted to other employees do not allow a favorable outcome to be reserved.
The leave not taken is paid to the employee at the end of the notice period.
Can you be refused notice following a resignation?
Even if the decision to terminate has been taken, the notice period corresponds to a normal period of work, which means that the employee must continue to work until the end of his notice and that the employer pays him in return his usual salary.
It not remain that the employer can take the initiative and grant an exemption from work to the employee. The latter is then released from his obligation to work while receiving his salary during the remaining notice period. He may even already start working with his new employer; In this case, however, he loses the benefit of salary maintenance, as the employer is only required to pay the difference between the old and the new lower remuneration.
Exemption from work may also be requested by the employee, in which case the contract is considered to be terminated by mutual agreement of the two parties, without the employee being able to claim maintenance of his remuneration until the normal end of the notice. .
In what cases can we broadcast without notice?
A case of resignation without notice is provided for in terms of the protection of pregnant employees. An employee who decides at the end of her maternity leave not to return to work to devote herself to the education of her child, may terminate her employment contract without having to give notice.
The law also authorizes the employee victim ofan act of sexual harassment to refuse to continue the execution of his employment contract and to terminate it without notice.
In this case of a resignation motivated by an act of sexual harassment, the job seeker may, by means of a simple request, ask the president of the competent labor court to authorize the provisional allocation of the Unemployment pending the final judicial decision of the dispute concerning the regularity or the merits of his resignation.
The employee may also terminate his contract with immediate effect, without notice, in the event of serious misconduct by the employer.
The employee can then enter the labor court to have the serious fault of the employer established and thus obtain damages. The employee is also entitled to compensation for notice and severance pay if he has more than 5 years of seniority.
The employee also has the right to request temporary unemployment.
Examples of serious misconduct by the employer
The repeated violation by the employer of his obligation to submit a payslip to the employee at the end of each month constitutes an employer’s fault serious enough to justify an issue with immediate effect by the employee.
Similarly, the systematic, persistent and repeated non-payment of wages by the employer constitutes serious misconduct on his part, making the resignation of the employee with limited immediate effect, while the main obligation of the employer remains that of paying wages. in return for the work performed by the employee.
Note :
The non-payment of a single salary is not in itself sufficiently serious to make it immediately and definitively impossible to maintain employment relations.
Before resigning, the employee must either act in summary proceedings for the payment of wages, or give formal notice to his employer to pay the wages.
The Chamber of Employees, an institution that acts in the interests of employees and retirees.
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Find the other articles of the CSL in the section “The rights of employees”.