Luxembourg

Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under Luxembourg law.  

In organisations that employ fewer than 150 employees, the employer may choose which employees to make redundant and need not justify the choice.   

In organisations with at least 150 employees, the employer's freedom of choice is more limited, as it must agree the criteria to be used with employee representatives. In practice, the criteria are both personal (e.g. marital status) and economic (e.g. discontinuation of a position or lack of qualifications for a role), but the law does not prescribe any specific order of priority.

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Author: CASTEGNARO

Date: December 2019