European Restructuring Monitor (ERM)
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.
Art.L.124-6 (individual dismissals), Art.L.166-2 (8) (social plans)
The effects of non-compliance with dismissal regulations differ according to the category of dismissal, notably whether these concern collective dismissals or individual dismissals.
If an employer considers dismissing at least seven employees within a period of 30 days or 15 employees within a period of 90 days, the employer must enter into prior negotiations with employees' representatives with the view of establishing a social plan. The social plan is a written agreement signed by employer and employees' representatives. The aim is to avoid collective redundancies or to reduce the number of dismissals and to mitigate the consequences of the redundancies. If the employer fails to negotiate on those issues, the dismissals are null and void.
If an employee is notified of his/her dismissal before the information and consultation process or before the social plan is signed, the dismissal is equally null and void. This rule applies also in the event where the parties have failed to reach an agreement, before the non-conciliation report of the National Conciliation Service's (Office national de conciliation - ONC) joint conciliation committee has been signed. Consequently, the dismissed employees must be reinstated. Employees dismissed within a collective dismissal not conforming with the labour law are entitled to claim financial compensation for unfair dismissal before the labour court.
In the event of justified gross misconduct by the employee, the employer may terminate the contract without notice in the case of a contract concluded for an indefinite period of time, and before the end of its term in the case of a fixed-term contract.
However, if the employer terminates the employment contract before the end of the notice period stipulated by articles L. 124-4 and L. 124-5 of the Labour Code, the employer must pay the employee a compensation equivalent to the salary during the notice period. This compensation comes on top of the severance allowance and damages for unfair dismissal.
No information available.
Eurofound (2015), Luxembourg: Effects of non-compliance with dismissal regulations, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/effects-of-non-compliance-with-dismissal-regulations/luxembourg
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