Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Luxembourg: Definition of collective dismissal
Phase
Labour Code
Native name
Code du travail
Type
Definition of collective dismissal
Added to database
08 May 2015
Article
Art.L.166-1
Description
Subject to rules applicable to collective dismissals as stipulated by the Labour Code, employers must dismiss 7 employees within 30 days, or 15 employees within 90 days, for reasons that are not related to the employee's behaviour, but for economic reasons or in the framework of recovery, reorganisation, restructuring measures resulting in job losses, liquidation, bankruptcy.
The layoffs must concern at least four dismissals for reasons not related to employees’ behaviour. All other contract terminations by the employer (for reasons not related to employee’s behaviour) on the initiative of the employer, such as voluntary departures, redeployment, early retirement, etc. are considered as redundancies in calculating the threshold.
Public sector employees are excluded from the regulation on collective dismissals.
Commentary
No information available.
Additional metadata
Cost covered by
None
Involved actors other than national government
National government
Involvement (others)
None
Thresholds
Affected employees: 7 Company size: 7 Additional information: Two company eligibility thresholds are applicable:
- 7 employees within 30 days
- 15 employees within 90 days
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