Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 158) sur le licenciement, 1982 - Luxembourg (Ratification: 2001)

Article 2(3) and Articles 4, 6 and 9 of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. Valid reason for termination of employment. Temporary absence due to illness or injury. Burden of proof.The Committee notes the information provided by the Government in response to its previous comments concerning the application of the provisions of the above-mentioned Articles.

Article 7. Interview prior to termination of employment. The Committee notes with interest the examples of relevant court decisions provided by the Government. The Government states that workers shall not be dismissed for reasons relating to their conduct or work before they have been given an opportunity to defend themselves against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity. The Committee notes, however, that under the legislation in Luxembourg, in the case of dismissal with notice, the employer is not obliged to invite the employee concerned to a prior interview unless the company has at least 150 employees. The Committee recalls that the wording of Article 7 reflects the basic principle of the right to defence. When persons risk sanctions as serious as termination of employment, which may jeopardize their careers and sometimes their futures, it is essential that they be able to defend themselves. Article 7 establishes the principle that workers, before their employment is terminated, must have an opportunity to defend themselves against the allegations made, which presupposes that the latter should be expressed and brought to their attention before the termination (see the General Survey on protection against unjustified dismissal, 1995, paragraphs 145 and 146). The Committee requests the Government to provide detailed information on any measures taken or envisaged, in consultation with the social partners, to ensure that workers in enterprises with fewer than 150 employees have the opportunity to defend themselves against allegations made against them before being dismissed.

Application in practice of the Convention. The Committee notes the examples of relevant court decisions and the detailed information provided by the Government on how the Convention is applied in practice. The Committee requests the Government to continue to provide information on any developments affecting the application in practice of the Convention.