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: Public authorities information and consultation on dismissals
Phase
Labour Code
Native name
Code du travail
Type
Public authorities information and consultation on dismissals
Added to database
08 May 2015
Article
Art.L.166-2, Art.L.511-27
Description
An employer who intends to dismiss at least 7 employees over a period of 30 days or at least 15 employees over a period of 90 days for reasons not related to employees' conduct must follow the procedure set up for informing public authorities about collective redundancies.
In the first instance, the employer must inform the national public employment agency ADEM and employees' representatives or the employees themselves if the company regularly employs fewer than 15 employees. Before proceeding with dismissals, the employer must begin negotiations with the employees' representatives in order to establish a redundancy plan. In order to do this, the employer must notify employees' representatives of the employee's intention to implement a collective redundancy and provide them with the following information in writing preferably before the start of negotiations, or at the latest at the start of negotiations:
detailed reasons for the collective redundancy;
number and categories of employees to be made redundant;
number and categories of employees that are usually employed;
period during which the redundancies will take place;
criteria to be used to identify the employees for redundancy;
method used for calculating any financial compensation that goes beyond the amounts established by law or collective agreement, or failing this, the reasons for refusing such compensation.
The employer must send a copy of the document addressed to the employees' representatives to ADEM at the latest when negotiations begin. ADEM, on its part, will forward a copy to the national Labour and Mine Inspectorate (Inspection du travail et des mines, ITM). The employer must also provide employees' representatives or, should there be no employees' representative, the employees themselves, with a copy of the notification sent to ADEM. Employees' representatives may also report their observations to ADEM, which will forward a copy to the labour inspectorate.
In addition, if the company regularly employs 15 employees or more, the employer must notify each individual dismissal for economic reasons to the Conjuncture Committee (Comité de Conjoncture). The notification must be sent at the latest when employees receive notification of their period of notice. The Committee can then invite the social partners to negotiate on a job retention plan which must at least explore the scope for avoiding redundancies, mitigating their consequences, taking steps to assist redeployment, and providing the provision of financial compensation.
Commentary
The Conjuncture Committee consists of four representatives of the government, four from the employers and four from the trade unions. It is under the authority and coordination of the Ministry for Economy.
The National Conciliation Office (Office National de Conciliation, ONC) deliberates in cases where companies and staff representatives cannot reach a consensus as regards social plans or collective bargaining agreements. More information on these deliberations can be found in the Ministry of Work and Employment's Activity Reports.
Additional metadata
Cost covered by
None
Involved actors other than national government
Employer organisation
Public employment service
Trade union
Works council
Other
Involvement (others)
Conjuncture Committee; experts; National labour and mine inspectorate
Thresholds
Affected employees: 7 Company size: 7 Additional information: There are two company eligibility thresholds:
- at least 7 employees over a period of 30 days;
- at least 15 employees over a period of 90 days.
Eurofound (2015), Luxembourg: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/luxembourg
While large-scale redundancies at major manufacturers dominate the headlines, the true impact of this restructuring is being felt most acutely within the wider supply chain. This article examines the uneven distribution of job losses, the growing geographical shifts in production, ...
Eurofound’s ERM restructuring legislation database offers an overview of key restructuring-related regulations in the EU Member States and Norway. Its content is continuously updated to reflect any changes made by national legislators in response to, for instance, policy shifts, legal ...
Can Europe still achieve its ambitions for battery manufacturing? To answer this, the article looks at data from Eurofound’s European Restructuring Monitor and explores what recent large-scale restructuring events reveal about the state of play in the EU battery sector.
This working paper offers a comprehensive methodological overview of the European Restructuring Monitor (ERM) databases. Even though the methodology has not changed over time, new categories have been added, and the way it has been used by researchers and policymakers ...