Work certificate in Luxembourg: instructions for use
The employee who acquires his contract can ask to obtain a work certificate. Can the employer refuse to quote this one?
The work certificate is a document that serves as evidence the existence and duration of an employment relationship.
At the end of the employment contract, and on require of the employee, the employer is required to issue him a work certificate indicating the date of his entry into service, that of his exit, as well as the nature of the employment or, where applicable, of the successive employments held within the company, as well as the pending periods requiring these employments to have been occupied .
the cross-border employee whose employment contract has been terminated or has expired will need a work certificate issued by their very last employer in the Grand Duchy of Luxembourg, in order to benefit from unemployment benefits in their country of residence.
Must a work certificate be issued by the employer?
From a legal point of view, the work certificate is only established if the employee makes an express request to his employer. The employer can spontaneously decide to give a certificate to the employee.
What about an employee hired on fixed-term contracts?
Yes, an employee employed under a fixed-term contract is entitled to obtain a work certificate in the same way as an employee with a permanent contract.
If requested, the certificate must be given to the employee at least 8 days before the expiry date of his contract.
The employer refuses to collect a work certificate
If the employer refuses to establish a certificate of work or delay without an objective reason for postponing it, the employee may send a formal notice to the employer by registered letter.
If this formal notice remains unsuccessful, the employee may, by way of justice, contradict the employer to give him the work certificate. A special procedure (referred to) allows him to quickly obtain a judgment condemning the employer to the delivery of the certificate, sometimes even under penalty of penalty for each day of delay.
What should be the contents of a work certificate?
Intended to serve as proof of the existence and duration of an employment relationship, the certificate must be limited to indicating some objective information, the date of entry and exit, the nature of the job or successive jobs held. by the employee as well as the periods during which these positions were occupied.
If no mention must appear on the certificate, nothing prohibits the employer from establishing a certificate confirming the qualities and skills of the employee.
What to do if the certificate contains negative mentions?
If the employee considers that the certificate contains, directly or indirectly, negative information, he can ask the employer to draw up a new certificate limited to the objective information described above.
If such a request is made, the employer is obliged to proceed with the rectification, the employee being entitled to obtain a neutral certificate.
The Chamber of Employees, an institution that acts in the interest of employees and retirees.
The CSL regularly publishes brochures and electronic newsletters which explain the rights of employees. You can consult the website www.csl.lu free of charge where you will find a detailed and simply explained “your rights” section on your rights. To be informed of news and conference-debates, subscribe to the CSL Newsletter.
Editorial publication produced by
Find the other articles of the CSL in the section “The rights of employees”.