Luxembourg Local Reference INFOrmation
Information on work permits for EU and non-EU citizens, job contracts and working hours in Luxembourg.
Work Permits and EU/EEA and Swiss citizensEU/EEA (European Economic Area) and Swiss citizens do not need a work permit or visa to work in Luxembourg. If they intend to stay for more than 90 days, they must declare their arrival at the Municipal Office (Commune) in their place of residence within eight days. Within three months of their arrival, EU/EEA and Swiss nationals and all members of their family must obtain an address registration certificate (attestation d’enregistrement) from the Municipal Office of their place of residence. Documents required vary according to the person's personal situation. In all cases a valid identity card or passport must be presented.
Note: Citizens of the new EU member states Bulgaria and Romania still need a work permit for their first year in Luxembourg. Work Permits for Non-EU CitizensAn employer in Luxembourg may not employ a non-EU citizen until they have advertised the position at the Luxembourg employment office (Administration de l'Emploi - ADEM). Only if the available position cannot be filled by a Luxembourg resident may the employer offer the job to a non-EU citizen. Non-EU citizens who have been offered a job or wish to set up as self-employed in Luxembourg must apply for an authorisation to stay (Autorisation de séjour) before arrival in Luxembourg. Employees must request an Autorisation de séjour d’un ressortissant de pays tiers en vue d’une activité salariée. Self-employed people must apply for an Autorisation de séjour d’un ressortissant de pays tiers en vue d’une activité indépendante. Application for authorisation to stay must be sent to the Direction de l’Immigration du ministère des Affaires étrangères.
The necessary documents vary depending on the type of application, however, the following documents are required in most cases.
All documents not in French, German or English should be translated into one of these languages by a sworn translator, and authenticated with an apostille certificate from a competent authority in the applicant's place of residence. If a reply has not been received within three months, the applicant can consider the application refused. Note: Once the Autorisation de séjour has been issued, the applicant must enter Luxembourg within 90 days or, if a visa is required, the application for a visa must be sent within 90 days.
Cross border workersNon-EU citizens with a residency permit from another EU country, who wish to work in Luxembourg, must apply for a specific work permit (Autorisation de travail du ressortissant de pays tiers qui détient une autorisation de séjour et réside dans un autre Etat membre de l’Union et qui entend exercer une activité salariée au Grand-Duché de Luxembourg).
Job Contracts in LuxembourgIn Luxembourg there are two main types of employment contracts:
Temporary employment contractsTemporary contracts are fixed-term contracts for a specific duration of employment. These are used if there is a need to replace an employee who is temporarily absent (parental or sick leave for example), or for temporary or short-term work or activities. They can be for either full-time or part-time employment. Temporary job contracts may only be renewed twice, and may not exceed 24 months (including the renewal periods). A clause must be added to the contract specifying the renewal terms. A fixed-term contract becomes a permanent employment contract if the employee continues to work following expiry of the contract, without any objections from the employer in writing. A temporary contract can not be terminated before the end date except in the event of gross misconduct (faute grave).
Permanent employment contractsPermanent contracts have no end-date and are for either full-time or part-time employment.
To terminate a permanent work contract the employee or employer must send a registered letter (lettre recommandée) to the other party informing them. The legal notice required for ending a work contract depends on the number of years worked.
What an employment contract should include
A temporary employment contract must also include the following:
The Luxembourg Employment Office (ADEM) and the Centre Information Jeunes are available to review the terms and conditions of any offered work contract. Trial periodsA trial period can be included in all work contracts. The trial period can be between two weeks and twelve months (depending on the profession), and must always take place at the beginning of the work contract. During this time the work contract can be terminated by either party without cause. Notification must be delivered by registered letter. A trial period may not be renewed.
Working HoursIn Luxembourg the working week is 40 hours per week, 8 hours per day, although there may be exceptions. In all cases, an employee cannot work more than 48 hours a week and may not work more than ten hours in a row. Workers must have at least 11 consecutive hours of rest in a 24-hour period, and must have at least 44 consecutive hours of rest in each 7-day period. Related Information
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