Luxembourg

28. 6. 2012

The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.

Notification duty

Crafts and industry related works have to be notified. The notification duty does not apply to self employment and trade activities.

Notification office

1. Ministry of Middle Class, Tourism and Housing

Ministere des Classes Moyennes, du Tourisme et du Logement
Département des autorisations
B.P. 535
6, bd Royal
L-2449 Luxembourg
tel.: +352 24 78 47 18
fax: +352 24 78 47 40
web: www.itm.public.lu

An employer is obliged to notify the Ministry and to prove he/she has a valid qualification from his/her home country for performance of craft and industry related activities he/she intends to pursue in Luxembourg. The employer sends the Ministry a notification letter with enclosed qualifications from a Czech professional association (using the EU form) or any other qualification documents. The Ministry confirms the employer in writing that it has received the notification provided that the principle of mutual recognition of professional qualifications between both countries in accordance with the EU regulation 2005/36/CE which valid for 12 months and must be renewed, is met.

2. Labour and Mines Inspectorate

Inspection du Travail et des Mines (ITM)
3, rue des Promeurs
L-2361 Strassen
tel.: +352 247 86145
fax: +352 49 14 47
e-mail: entsendung@itm.etat.lu
web: www.itm.etat.lu

notification see below

3. Local administration office

Administration communale

Employees staying in Luxembourg for more than 3 months must register (notification of arrival) with the Local Administration Office at the place of temporary residence within three months from the arrival (it is not a residence permit). The office is submitted a „confirmation of the employer“ confirming the employee’s qualifications and the length of his/her stay.

Tax office where posted employees must register when exceeding 183 days in Luxembourg

Administration des Contributions Directes
45, bd Roosevelt
L-2882 Luxembourg
tel.: +352 40 800-1
fax: +352 40 800 2022
web: www.impotsdirects.public.lu

Period of notification of posting

Labour and Mines Inspectorate has to be notified at least 2 to 3 days prior to the commencement of work.

Sanctions for failure to notify

Employees not registered properly and in time will be suspended until all requirements are met. Material sanctions (fines, etc.) are not set.

Notification form

An employer must register all posted employees; every work must be registered separately on a „DDD – Déclaration de détachement“ form:

DDD – Déclaration de détachement

The form shall be sent by registered mail (subsequent notifications may also be sent by fax or e-mail).

Other forms are available at competent institutions.

The recommended form for notification with the Ministry of Middle Class, Tourism and Housing is enclosed.

Data to be notified

  • identification data on the employer, incl. information on applied security measures and the person responsible for the security agenda
  • identification data of the representative
  • address of the premises where the employees will pursue the work
  • information related to the pursued work (commencement, assumed length, type of work, identification data of the main supplier/client)
  • employees performing the work at the premises (name, surname, date of birth, nationality, qualifications and education)
  • a copy of the confirmation of the receipt of the notification issued by the Ministry of Middle Class regarding the professional qualifications – certificate of activity

Maximum length of working time

10 hours a day; 48 hours a week on average for a period of 6 to 12 months. Work on Sundays is prohibited (with a few exceptions).

Minimum length of a rest period

44 uninterrupted hours a week. Exceptions from this provision apply to certain professions in the health and security sector.

Minimum length of holidays

25 working days a year. An employee is entitled to holidays after 3 months of continuous work. The holidays must last a minimum of 12 days once a year.

Minimum wage

age/qualification month per hour
18 and more, without qualification 1,641.74 9.49
17 – 18 1,313.39 7.59
15 – 17 1,231.30 7.12
18 and more, with qualification 1,970.08 11.39

An automatic wage indexation is applied provided that the living costs increase by 2.5 % within 6 months. Collective agreements may stipulate wages otherwise (the list of sectors regulated by collective agreements is available on the following web site: www.itm.etat.lu).

Documents to be available at the place of pursuance of work

  • name and surname, date and place of birth, marital status, nationality
  • precise professional qualification and education
  • employee’s position within the company and the job regularly pursued
  • three last payrolls (copies) prior to posting to Luxembourg (must contain information on remaining holidays)
  • permanent or temporary place of residence for the period of posting in Luxembourg
  • certificate of health competence to work
  • a copy of the passport or ID
  • information on measures for the prevention and the protection of occupational accidents (e. g. certificate of employee training of the agenda)
  • the place of pursuance of work in Luxembourg and the assumed length
  • a copy of E 101 or E 102 form or a complete coordinates of the social security administration where the employee is insured for the period of posting in Luxembourg
  • a copy of the employment contract of the employee
  • certificate of activity issued by the Ministry of Middle Class, Tourism and Housing
  • information on management of the employer
  • EHIC – European Health Insurance Card

Necessity to translate documents

It is recommended having all documents translated – accepted versions: French, German, and English.

Obligation to store the documents

No

Obligation to entrust a responsible representative

No

Obligation to entrust a responsible representative for receiving papers

Yes, the representative is to be a person keeping documents and data on posted employees which must be constantly available for a prospective inspection. The representative is not obliged to meet any qualification criteria; he/she is not legally liable for commitments of the enterprise posting workers to Luxembourg. The representative must be at disposal during the working hours and able to provide information on the address of premises, the duration of pursued work and names of employees posted to the premises.

Does any of the above mentioned representatives have to be seated in the state where the employee is posted?

Yes, any natural or legal persons with a seat in Luxembourg may be appointed as the representative. The list of available representatives is published on the ITM web site.

Discussion

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