Updated on 04/08/2023
Much of the things that interest you at the moment, others have wanted to know too. That’s why the OGBL collects the most frequently asked questions – and answers them here.
If you can’t find what you’re looking for here, please either perform an advanced search, consult the Good to Know section, or contact us.
No later than 5 days after the end of any work contract, the employer must provide the employee with a final account, including the allowance for untaken leave, and pay any outstanding debts to the employee (Labor Code, art. L. 125-7, paragraph (2). The limitation period – the loss of a right due to its non-exercise within the stipulated time – for claiming payment of wages is 3 years (Labor Code, art. L. 221-2).
Example
End of contract = June 30, 2023. Wages for May and June 2023 remain unpaid. Last day for action for payment (court application) for May salary = May 31, 2026 and for June salary = July 5, 2026.
As for the receipt in full and final settlement ( Labor Law, art. L. 125-5), it is not compulsory to draft such a document, and it only discharges the debt – proving that the debtor has discharged his debt – with regard to the employer. To this end, it must be drawn up in 2 copies, one of which is given to the employee, and meet the following conditions:
The receipt in full and final settlement may be withdrawn by registered letter within 3 months of signature. The withdrawal must be summarily justified, indicate the rights invoked and only deprive the receipt of its liberatory effect with regard to the rights invoked.
Refusal to sign a receipt in full and final settlement does not relieve the employer of his obligations. It is therefore advisable not to sign a receipt in full and final settlement unless you are certain that all accounts for the last 3 years are correct, and if you have received payment of any outstanding sums from your employer.
The Labor Law stipulates that anyone applying for a job must undergo a medical examination by an occupational physician before being hired, to determine whether the employee is fit or unfit for the intended occupation (Labor Law, art. L. 326-1, para. 1).
The pre-employment examination must be carried out not only on employees under contract, and on temporary employees, but also on (Labor Code, art. L. 326-1, al. 3):
For night workers (Labor Code, art. L. 326-3 (4)) and for high-risk positions, the examination must be carried out prior to employment. For other positions, the examination must be carried out within 2 months of employment (Code du travail, art. L. 326-1 , al. 2). Time spent at the pre-employment examination is considered working time (Code du travail, art. L. 326-10).
Note
If the employer fails to meet his obligations in this regard, the employee is invited to inform the ITM – Inspectorate of Labor and Mines (Constitutional Court ruling of November 24, 2017, case no. 00130 of the register), while other legal provisions depend on the certificate of aptitude (e.g. right to professional reclassification).
For this reason, we strongly advise you to keep any medical examination form issued by the competent occupational physician.
If the pre-employment medical examination takes place after the employee has been hired, the work contract is automatically terminated if the employee is declared unfit for the intended occupation.
Since April 2018, the Labor Code has been updated regarding resignation for serious misconduct on the part of the employer. These changes had become necessary in view of the jurisprudence handed down on the subject, notably in cases conducted by the OGBL.
As a result, when an employee’s resignation due to serious misconduct on the part of the employer is deemed justified and well-founded by the labor jurisdiction, the employee is automatically entitled to :
A serious reason is considered to be any act or fault which immediately and definitively makes it impossible to maintain work relations (Art. L. 124-10 (2) of the Labor Code). For example: non-payment of salary (1 month being considered insufficient by jurisprudence); repeated irregular and/or late payment of salary; moral/sexual harassment.
The legal provisions on unemployment allowances have also been adapted. In the event of dismissal for serious reasons, resignation due to sexual harassment or serious reasons arising from the employer’s fault, the jobseeker may, by simple request, ask the president of the competent labor jurisdiction to authorize the provisional award of full unemployment benefit pending the final judicial decision in the dispute concerning the regularity or validity of his or her dismissal or resignation (Art. L. 521-4 (2) of the Labor Code).
In all cases, you should consult one of our agencies for advice on evaluating the fault(s), editing the letter of resignation and monitoring the case.
Many work contracts contain a non-compete clause. However, contrary to popular belief, the non-compete clause does not apply to a simple change of employer, but only to the start-up of a personal business (Art. L. 125-8 (1) of the Labor Code). The employee remains free to look for a new job and to use his/her professional experience with another company in the same sector!
If the employee intends to set up his or her own business, several conditions must be met before a non-compete clause can take effect (Art. L. 125-8 (2) and (3) of the Labor Code):
It should be noted that any clause contrary to legal provisions and intended to restrict the employee’s rights or aggravate his or her obligations is null and void (Art. L. 121-3 of the Labor Law Code).
The non-compete clause is not to be confused with the obligation of loyalty. This means, for example, that you should refrain from informing the customers of your former employer who will be your new employer if the latter is in the same sector (canvassing).
Since January 1, 2018, extraordinary leave for the father in the event of the birth of a child (French Work Code, art. L. 233-16, point 2) and in the event of the fostering of a child under the age of 16 with a view to adoption (French Work Code, art. L. 233-16, point 7), except in the case of benefiting from adoption leave, have been increased from 2 to 10 days.
These days can be split up, and must be taken within two months of the birth of the child, or the adoption of a child under the age of 16. It is therefore possible, for example, to take 20 half-days instead of 10 full-time days.
In principle, such leave is taken at the employee’s discretion, unless company requirements require otherwise. In the absence of an agreement between the employee and his employer, the leave must be taken in a single period immediately following the birth of the child, or the fostering of a child under the age of 16 with a view to adoption.
The employer must be informed at least 2 months in advance of the foreseeable dates on which the employee intends to take the leave. This written notification must be accompanied by a copy of the medical certificate attesting the presumed date of childbirth or, where applicable, a supporting document attesting the foreseeable date of fostering of a child under the age of 16 with a view to adoption.
If you fail to inform your employer within the prescribed time limit, the leave may be reduced to 2 days by decision of your employer.
To avoid the risk of paternal leave being reduced to 2 days, it is advisable to submit your request to your employer at least 2 months before the birth or adoption of your child.
Sickness and maternity insurance covers not only the payment of cash benefits, i.e. sickness allowances, but also health care benefits known as benefits in kind.
An insured person can only claim reimbursement of benefits in kind (consultations, visits, treatments, medical services and care) from the National Health Fund (Caisse Nationale de Santé – CNS) if these benefits are provided by contracted service providers.
Insured persons are entitled to benefits in kind for themselves and their dependent family members. Persons not covered by compulsory insurance may opt for voluntary continued insurance or facultative insurance.
There are various ways of reimbursing benefits in kind:
Complementary reimbursement means that, during the course of a calendar year, the insured person is entitled to reimbursement of contributions to healthcare services up to a threshold set at 2.5% of the previous year’s annualized contributory income.
Under this arrangement, insured persons can claim additional reimbursement from the CNS for participations in excess of the aforementioned threshold.
Participations are defined as the part of the care provided that is not reimbursed by health insurance. Participations are linked to the calendar year according to the share of the care provided.
To determine the threshold, the contributions of the insured and the co-insured within the terms of the provisions of the Joint Social Security Centre (Centre commun de la sécurité sociale – CCSS) are totalled. If the insured person’s spouse is also compulsorily insured (e.g. because he/she is legally employed), he/she may request that the contributions of both spouses be totalled. In this case, the annualized contributory income of both spouses is also totalled. It should be noted, however, that this option is irrevocably taken for the calendar year in which the request is made.
When the participation reaches the threshold of 2.5% of the previous year’s annualized contributory income, the insured is entitled to make an annual request to the CNS no earlier than May 1st of the current year. The request must be submitted no later than the end of the 2nd calendar year following the year in which the participation reached the threshold.
Payment of the additional reimbursement is made automatically by the relevant fund.
For further information or to obtain the appropriate form, please contact our Information, Advice and Support Service – SICA.
Article 197 of the CNS statutes stipulates that anyone declared incapable of working must notify the National Health Fund of the exact address (place, street, number, floor, etc.) where he or she is staying during the period of incapacity.
It is therefore imperative that you inform the CNS of the exact address where you are staying during your incapacity for work, especially if it is different from your usual place of residence. The exact address must be indicated on the certificate of incapacity for work or, alternatively, on the online form that you submit to the CNS.
Please note that the country of residence indicated during the period of incapacity for work may not be different from the country of residence or the country of affiliation of the person concerned, unless prior authorization has been granted by the CNS in accordance with the provisions of the Social Security Code and the statutes of the CNS.
Failure to comply with this obligation may result in the imposition of a fine by the President of the CNS or his delegate.
The fine may not exceed 3/30 of the remuneration on which the sickness benefit is based. Penalty decisions may be appealed in accordance with the provisions of the Social Security Code.
N.B.: The certificate of incapacity for work must be submitted to the CNS and to the employer not later than the third day of the absence. Any medical certificate with a retroactive effect of more than 2 days is only enforceable against the CNS from the date of issue. However, the CNS may validate all or part of the period of certified incapacity for work with retroactive effect.
Being abroad and falling ill or having an accident can be a reality for anyone.
The steps to take vary depending on the destination. There are three categories.
If you fall ill in a country in the European Union (EU), the European Economic Area (EEA) or Switzerland, you can use your European social security card. The European social security card is also valid in Macedonia, Montenegro and Serbia. You’ll find it on the back of your social security card. The card is issued free of charge by the National Health Fund – CNS. Please note that the European social security card is only temporary. Please check the validity of your card before you leave. A provisional replacement certificate (valid for 3 months from the date of issue) can be issued on request.
If you fall ill, you are entitled to public health care in accordance with the laws of the country in which you are staying. This means that in the event of a medical emergency (unplanned but useful and necessary health care), you are entitled to the same conditions and rates as those applicable to insured persons in that country. Medical expenses will be reimbursed locally.
Before traveling outside the EU, the EEA and Switzerland, i.e. to Bosnia-Herzegovina, Cape Verde, Morocco, Quebec (only for studies or secondment), Tunisia and Turkey, you must obtain from the CNS, at least two weeks before your departure, the form certifying access to health care, also known as benefits in kind, for the duration of your stay. This form must be presented to the social security organization of your place of stay so that it can reimburse the benefits received during your stay according to the rates and tariffs applicable in that country.
The form can be sent to you on request.
If you are staying in a country other than those listed above, the CNS will reimburse medical or hospital bills in accordance with the rates and tariffs applicable in Luxembourg. However, these invoices must not only be paid in full, but must also be detailed in medical terms and in an understandable language (FR, DE, EN).
As the insured person’s contribution to the cost of medical and/or hospital services may be higher than for care provided in Luxembourg, it is not inadvisable to take out “complementary insurance” to cover the period of your temporary stay.
In the event of incapacity for work duly certified by a doctor during the period of legal leave, you must follow the normal procedure for incapacity for work, i.e. notify your employer on the first day of incapacity for work (by telephone, e-mail or fax). Your employer and the CNS must have the medical certificate of incapacity and its expected duration no later than the third day of incapacity. In the case of emergency hospitalization, this period is extended to 8 days.
If you follow this procedure, any days of statutory leave for which a certificate of incapacity has been issued will not be lost and can be taken at a later date in accordance with the legal and contractual provisions.
For more information, contact SICA.
You’ll find all the latest and most useful information here.
If you still have questions, please contact our SICA.
The National Health Fund (CNS) is sometimes confronted with attempts to falsify medical certificates of incapacity for work of any kind. It has the power to impose sanctions in the event of non-compliance with legal, regulatory or statutory provisions.
The statutes of the CNS specify what is forbidden with regard to medical certificates of incapacity for work, namely that the insured person or a third party may not add to, write on, delete, modify or supplement the data in the sections of the form reserved for the doctor, under penalty of the sanctions provided for by the laws, regulations and statutes and of the nullity of the certificate.
Please note that in all cases of falsification, the medical certificate of incapacity for work will be null and void and the insured person will not receive any sickness benefit from the CNS or from his/her employer for the period of incapacity for work in question. Naturally, the CNS will send a letter of information to the employer, informing him of the invalidity of the medical certificate of incapacity for work.
The CNS is then entitled not only to impose a fine of up to €350, but also to bring the matter to the attention of the Public Prosecutor’s Office. This exposes the insured to the risk of criminal prosecution.
Decisions to impose penalties may be appealed and contested in accordance with the Social Security Code.
In conclusion, if it is necessary to make any changes to a medical certificate of incapacity for work, these changes must be countersigned and stamped by the prescribing doctor, otherwise the doctor must issue a new medical certificate of incapacity for work annulling and replacing the first medical certificate of incapacity for work, otherwise the insured person risks serious consequences.
Employees who have been declared unable to work may be subject to a medical examination during their incapacity for work. The medical officer of the social security medical board (Contrôle médical de la sécurité sociale – CMSS) issues an opinion on the employee’s ability to work.
If the medical officer finds that the employee is fit to work, i.e. that his state of health no longer justifies his absence from work, he communicates this opinion to the National Health Fund (CNS). Often, the CMSS informs the employee directly of its decision and the date on which it takes effect, although the CNS informs the employee in writing of the date of fitness for work, i.e. the date of resumption of work, to which the refusal of sickness benefit is linked. A copy of the decision is also sent to the employer, with an explanation that the decision is not final, as the employee has the right to appeal within the legal time limits.
The employee may appeal in writing to the president of the Board of Directors against the decision of the CNS to withdraw the sickness benefit within 40 days of the date of notification of the decision. The Board of Directors is responsible for deciding on the appeal. The employee may also appeal to the Social Security Arbitration Tribunal (Conseil arbitral de la Sécurité sociale – CASS) and the High Council of Social Security (Conseil Supérieur de la Sécurité Sociale – CSSS), as provided for in the Social Security Code.
As of the date of fitness for work determined by the doctor, the current certificate of incapacity for work loses its validity and the employee loses the protection against dismissal provided for in article L. 121-6 of the Labor Code.
Certificates of incapacity for work issued during the following 12 weeks will give rise to the payment of sickness benefits only if they relate to a new medical fact, justified in detail by the employee’s doctor and accepted as such by the CMSS.
In this case, it would be preferable for the employee to try to return to work. If he/she is unable to return to work, he/she must inform his/her employer of his/her inability to work and consult his/her doctor. If the doctor again determines that the employee is unable to work, he/she will be issued a certificate stating the reasons for the inability to work.
The new certificate must be presented to the employer no later than the third day of the absence, so that the incapacitated employee is again protected against dismissal (Article L.121-6 of the Labor Code). The employee must also submit to the CNS a duly substantiated certificate of incapacity for work (certificat d’incapacité de travail avec motivation explicite d’un nouveau fait médical).
Failure to comply with your obligations to your employer may result in dismissal without notice or may be considered serious misconduct!
For more information, please contact our Information, Advice and Support Service – SICA.
The baby year consists in taking into account in the insurance career a period and an amount of insurance for the parent who devotes himself in Luxembourg to the education of a child.
In order to benefit from the baby year, a form (available in French and German) must be submitted and the requirement of 12 months of compulsory pension insurance during a period of 36 months prior to the birth or adoption of the child must be met. This period is extended if it overlaps with periods spent bringing up other children.
The application must be made no earlier than the child’s 4th birthday and no later than the date of application for a personal pension.
The baby year periods taken into account are 24 months (2 years). They are extended to 48 months (4 years) if the parent is raising at least two other children at home at the time of the child’s birth or adoption. They are also extended to 48 months (4 years) if the child is physically or mentally handicapped.
Baby year periods begin the month following the birth or adoption of the child or, if applicable, the month following the end of maternity benefits.
The parents designate the beneficiary of the insurance period or, if applicable, agree to share the period by filing a joint application. This decision cannot be modified.
In the absence of an agreement between the parents, and in the absence of proof from the applicant parent that he or she has assumed sole responsibility for the upbringing of the child, the said period will be shared equally between the two parents.
Currently, employees who take unpaid leave do so through an amendment to their employment contract. As there are no legal provisions governing unpaid leave, employees often face a number of problems, such as the conditions for returning to work, affiliation to the Joint Social Security Centre (Centre Commun de la Sécurité Sociale – CCSS), etc. However, collective bargaining agreements may specify the conditions for unpaid leave.
It is therefore important to inquire about such agreements well in advance. In the case of unpaid leave granted by the employer, the employee must be fully aware that the employment contract is suspended. As a result, the employee is no longer registered with the CCSS and has no legal social security coverage (health insurance, pension insurance, etc.).
As far as health insurance is concerned, in accordance with article 8 of the statutes of the National Health Fund (CNS), the right to health insurance benefits is maintained for the current month and the following three months if the employee has been affiliated for an uninterrupted period of six months without an interruption of less than eight days. This entitlement applies only to illnesses that are being treated at the time of termination.
In order to be entitled to benefits in kind, the employee must provide the Medical Inspectorate with a detailed medical certificate stating that the illness was being treated at the time of termination.
The provisions of this article shall be subsidiary and shall not apply to the extent that the beneficiaries do not benefit, during the same period, from statutory coverage for the same risks, for example through the social security coverage of a spouse.
Leaving the CCSS may also affect your entitlement to family benefits. This depends on whether you are a resident or a crossborder worker.
The employee’s pension insurance is also suspended for the duration of the unpaid leave. However, under certain conditions and limits, the Social Security Code provides for the possibility of continuing to contribute to the employee’s pension insurance.
It is imperative to ensure that the addendum to the employment contract specifies the conditions under which the employee may return to work after an unpaid leave. It is advisable to draw up a written document containing all the details concerning the return to work, such as the exact date of return, the position to be occupied and the possibility of terminating the unpaid leave or even the employment contract.
Please contact SICA before suspending your employment contract by taking unpaid leave.
The childcare-service voucher (Chèque-service Accueil – CSA) is a scheme set up by the State and local authorities to help families better reconcile work and family life.
This benefit in kind is intended for all children between the ages of 0 and 12, or who have not left primary school, residing in Luxembourg, as well as the children of crossborder workers. It consists in granting parents reduced rates for education and childcare services.
The state and parents’ contributions are calculated on a case-by-case basis, taking into account the income of the household (married, civil union or cohabiting couples are considered equally), the number of children in the household receiving family allowances and the child’s rank in the family group, the type of childcare facility, the number of hours the child is cared for by an education and childcare service, and specific benefits depending on the child’s age (20 hours of free care for children aged 1 to 4 in collective childcare facilities).
The amount of the CSA is paid directly to the service provider. The state contribution is limited to a maximum of 60 hours of care per week. The maximum state contribution is limited to 6 euros/hour for childcare provided by an education and care service and 3.75 euros/hour for childcare provided by a parental assistant. All costs above these limits are the sole responsibility of the parents. The French government pays for a maximum of 5 meals per week. Any additional meals are the responsibility of the parents. During school holidays, the amount payable by parents is limited to 100 euros per week, excluding main meals.
To qualify for a financial reduction under the chèque service-accueil scheme, parents must declare their household income – parental participation scale.
In October 2017, a multilingual educational program was introduced in daycare centers for children aged 1 to 4. As a result, 20 hours of free supervision per week for 46 weeks is offered to ensure equal access to the program in question. The membership contract is valid for one year and is renewable as long as the eligibility conditions are met.
Luxembourg residents apply to their commune of residence, while crossborder workers apply to the Caisse pour l’avenir des enfants (CAE).
Crossborder workers wishing to benefit from the CSA for their children must register with a childcare facility, i.e. a creche for children not attending school, a day-care center for children attending school, or a drop-in centre (maison relais) for children attending school.
Registration is free and can be done at any time of the year.
Please note that Education and Care Services (Services d’Education et d’Acceuil – SEA) based either in Luxembourg or on the other side of the border must meet the CSA eligibility criteria. Non-residents wishing to apply for CSA for their child receiving family allowance in Luxembourg must be affiliated with the Centre commun de la sécurité sociale.
For further information, please consult the website of the Caisse pour l’avenir des enfants (CAE) or contact the SICA/OGBL.
The Joint Social Security Center (Centre commun de la sécurité sociale – CCSS) sends an annual insurance career statement to all employees, whether residents or crossborder workers, who are insured under the general pension scheme in Luxembourg, provided they were affiliated during the previous year.
The insurance career serves as the basis for the calculation of the pension. The insurance career statement lists all periods of insurance in Luxembourg. Please note that any additional periods will only be determined when you apply for your pension and will therefore not appear on the insurance career statement.
Insurance periods include periods for which social contributions were paid.
Since May 1, 1988, Luxembourg insurance periods are no longer counted in days but only in calendar months – these insurance days are converted into insurance months by dividing the total number of days by a factor of 22.5. For periods of insurance with the Private Employees’ Pension Fund prior to January 1, 1988, each fraction of a month is counted as a full month, provided that it comprises more than 15 calendar days.
In the case of employment of at least 64 hours per month or 10 calendar days of self-employment, the whole month is taken into account for the calculation of the pension. Fractions of months below these thresholds are carried over to the following months. Wages and contributory income are attributed to the month to which they relate.
Since this statement is the basis for calculating your pension, it is imperative that you check the accuracy of the data. You have 5 years to contest the accuracy of the information. If you have any doubts about the accuracy of the information on the insurance career statement, it is advisable to contact the Joint Social Security Center (Centre commun de la sécurité sociale – CCSS), preferably in writing, within the prescribed time limit, otherwise there may be serious consequences for the future pensioner.
The insurance career statement indicates the estimated amount of the pension of any insured person who, on January 1 of the year in which the statement is sent, has reached the age of 55 and has completed at least 10 years of insurance and at least 12 months of insurance during the 2 years preceding the submission of the statement.
The amount is for information only. The actual amount can only be calculated with certainty when the pension in question is granted.
For people with reduced mobility or a handicap, the freedom to move around without being dependent on others is essential to guarantee their fundamental freedom, social integration and human dignity.
You’ll find all the latest information in the Info-Handicap guide, which you can access here in French or German.
The aim of the third-party payer system is to guarantee access to essential health care for all residents, i.e. anyone legally residing in Luxembourg, regardless of their social status and/or income.
As a result, people in precarious situations can apply to the competent social welfare office in their commune to have their medical and dental care covered by the third-party payer system.
The social third party system means that the person concerned does not have to pay for health care in advance and then request reimbursement, but that medical and dental services are covered directly by the National Health Fund (CNS), with the exception of additional fees for personal comfort (CP1-CP7), which are excluded from the social third-party system and charged to the beneficiary.
The competent social welfare office is solely responsible for deciding whether or not to grant the third-party payer system. If the beneficiary meets the conditions, the social welfare office will issue a temporary certificate accompanied by a booklet of yellow labels. The social welfare office may revoke the third-party payer system before the expiration date.
Note: Affiliation to the health insurance scheme is a condition for the granting of the third-party payer system.
The certificate and label booklet are issued in the name of the beneficiary. If necessary, separate labels will be issued for each family member. This means that each bill must be labeled with the name of the person receiving medical care. The bill is sent directly from the doctor to the CNS.
The patient signs a declaration of commitment, which is attached to his or her file and can be used by the social welfare office, if necessary, to contest the amounts charged by the CNS.
With his/her social security card or identity card, and upon presentation to the doctor or dentist of the certificate of the third-party payment system and a label whose period of validity must cover the date of the services provided, the beneficiary can then receive medical care under the third-party payer system.
For certain medical and dental services, double validation by the social welfare office is mandatory, for example, in the case of a prior estimate of the cost of services provided by a dentist (certain orthodontic procedures or care related to dental prostheses) and in the case of CP8 personal convenience (extra charges billed by dentists for material costs agreed with the insured person, e.g. porcelain, gold, etc.) that exceed the nomenclature tariffs and are not covered by health insurance.
Please note that if authorization from the Social Security Medical Board (CMSS) is required, the social welfare office will not validate the claim until this authorization has been obtained.
Our Information, Advice and Support Service – SICA is at your disposal should you have any further questions.
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