Excessive personal internet use during working hours

On November 12 2015, the Luxembourg Court of Appeal ruled on the legitimacy of a dismissal with notice for excessive personal internet use during working hours (Court of Appeal, November 12 2015, Role 41245). We provide a brief summary of the ruling’s salient points. Facts The employer accused the employee of playing online games for half of her working hours over the course of one…

'13th month' payment as common practice under Luxembourg Law?

While it is quite common for employers to grant a ’13th month’ payment in Luxembourg, whether such payments could be owed by the employer due to ‘common practice’ was unclear until a recent Court of Appeal ruling. We lay out the general guidelines defined in that ruling below. Which guidelines did the Labour Court of Appeal apply? In a recent case, the Labour Court of…

Journey time = Working time?

In principle, journey time (home – work and back) is not working time, in particular since the employee does not start work until he reaches the workplace, and the employer has no control of where the employee lives, which the latter chooses himself. However, a European Court of Justice (“Court of Justice”) judgement has recently made an exception to the principle that journey time is…

Extending the scope of a non-compete covenant under Luxembourg law

When faced with the termination of key employees, the issue of non-compete covenants quite often is placed on the agenda. In this regard, one of the most commonly asked questions is how the scope of such agreements can be tailored to encompass as large an area as possible. We introduce the relevant guidelines, as held in a recent Court of Appeal ruling. What was the…

Impact of the Brussels Ibis Regulation on Employment Law

The so-called “Brussels Ibis Regulation” has been in force for more than one year now and is still a relative unknown to many employers. We provide a brief overview on the background and impact of said regulation. What is the “Brussels Ibis Regulation”? The regulation (Regulation (EU) n°1215/2012 of 12 December 2012), applicable since 10 January 2015, pertains to the jurisdiction, recognition and enforcement of…

Luxemburg case law update

Consequences of reclassifying a CDD [fixed-term contract] as a CDI [permanent contract] In a ruling on 29 October 2015, the eighth chamber of the Labour Court of appeal judged that in a case of reclassification of a CDD [fixed term contract] as a CDI [permanent contract], the rupture of the working relationship resulting from the expiry of the CDD was attributable to the employer. For…