Employment & Labor Law
Sexual harassment at work in Luxembourg: reporting, protection and remedies
Sexually suggestive messages, unwanted physical acts or pressure linked to employment may require a response. The person affected does not need a perfect file before seeking help. It is useful to distinguish immediate protection, preservation of the facts and the steps through which they can be examined.
Recognise a situation that needs assessment
The Labour Code defines sexual harassment by reference to conduct of a sexual nature or based on sex that violates dignity under the conditions laid down by law. The facts may concern, in particular, an employment decision linked to acceptance or rejection of conduct, or the creation of an intimidating, hostile or humiliating environment. [1]
The legal characterisation must take the circumstances into account. The criteria for workplace bullying should not automatically be applied when assessing sexual conduct. Describing the facts precisely is more useful than immediately seeking a definitive legal label.
Prepare a factual report
Record the dates, place, people present and the words or acts involved. Preserve messages in context, with their date and sender. Distinguish what you personally experienced from facts reported by others. If there are witnesses, identify them without attempting to align their accounts.
A written report can explain the facts, their work-related consequences and the protective measures requested. Send it to an appropriate person within the company’s organisation, avoiding general circulation that would unnecessarily expose people and sensitive information. Keep proof of transmission.
What is expected of the employer?
The employer must prevent sexual harassment and take the necessary measures to stop it once aware of it. The steps taken must respect the dignity of those involved. The statutory framework also protects victims against adverse acts directed at them because of the facts concerned and provides for assistance by a staff representative during the investigation interviews covered by the legislation. [2][3]
In practical terms, ask who is handling the report and how you will be informed of the outcome. A measure described as protective warrants examination if it disadvantages you in your duties or pay.
If a victim is dismissed, the ITM describes an application to have the dismissal declared void, to be brought before the presiding judge of the labour court within fifteen days of notification. This short deadline warrants immediate review of the letter received. [3]
Preserve evidence without exposing yourself to further risk
The ITM explains that initial evidence from which harassment may be presumed triggers a particular mechanism for requiring justification. Mere accusations therefore do not replace factual evidence. Where the perpetrator is not the employer, the ITM also highlights evidence that the employer was informed and failed to take measures to stop the conduct. [4] However, do not take risks to obtain evidence: covert collection or access to other people’s accounts may create further difficulties.
Should I resign to end the situation?
Resignation can have significant consequences. Before ending the contract, have the available protection, evidence and effects of different courses of action assessed.
What if the conduct comes from a client?
Do not limit your report to the acts of a manager or colleague. Describe the work context and ask for the necessary measures to be considered.
KM Legal can assist you in preparing a report, reviewing the measures taken and defending your rights.
Sources and references
Institutional sources consulted on 6 November 2026.
- ITM — Definition of sexual harassment
- ITM — Employers’ obligations
- ITM — Victims’ rights and remedies
- ITM — Burden of proof
Further reading
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