Employment & Labor Law
Dismissal for repeated absences in Luxembourg: what must the employer demonstrate?
Your employer cites frequent absences to terminate the contract. The file involves two separate questions: could the employer dismiss you on that date, and are the stated grounds sufficiently established? The number of days absent does not, by itself, answer both questions.
First reconstruct the timetable
The ITM states that dismissal with notice based on absenteeism may occur on the employee’s return or after the twenty-six-week protection period, subject to application of the protection rules. [1] The letter’s date must therefore be compared with absences and steps taken with the employer.
Prepare a timetable distinguishing sick leave, extensions, actual returns and other absences. Add proof of notification and certificate transmission. Do not mix authorised leave, illness and days the employer considers unjustified.
Examine the alleged disruption
Case law summarised by the Justice portal considers long or repeated absences, significant disruption to the business and prospects for improvement allowing, or preventing, reliance on regular cooperation. [2] There is no universal threshold beyond which every dismissal becomes valid.
Analyse what the letter actually describes: replacements, postponed assignments, team reorganisation or continuity difficulties. Then compare those statements with dates and available documents. Precisely documented disruption and a general phrase about “smooth operation” do not have the same substance.
Compare consistent periods and facts
An absence table may contain incorrect totals, include an irrelevant period or overlook a return. Ask which period was used and for a breakdown of days if the stated reasons do not provide it.
Example: the letter refers to continuous replacements, although several assignments had been permanently reassigned before the absences in question. The chronology should explain that organisation. This finding does not resolve the dispute, but raises a precise factual question.
An occupational cause of illness requires separate assessment
The case-law bulletin explains that absences due to illness originating in occupational activity cannot justify dismissal for absenteeism in the same way; the employee relying on that connection bears the burden of proving it. [2]
If you believe working conditions contributed to your health, gather a chronology of events and have relevant medical evidence assessed. A general assertion about stress does not replace a file. Medical documents should go to appropriate recipients, with attention to confidentiality.
Organise the challenge without confusing procedures
- Keep the termination letter and its notification.
- Gather the stated reasons, certificates and proof of sending.
- Identify disputed organisational facts and corresponding documents.
- Identify any CNS or Joint Committee decisions.
Payment of sickness benefits, recognition of occupational disease and challenging dismissal are related but distinct questions. Do not let one ongoing procedure obscure another’s deadlines. KM Legal can coordinate assessment of the contract, absences and social security decisions.
Frequently asked questions
Is there a number of days that automatically permits dismissal?
No. Applicable protection, the absences relied on and the circumstances of the business’s operation must be assessed.
Is a medical certificate enough to resolve the dispute?
It documents incapacity but does not alone answer questions of timing, disruption and the reasons for termination.
Contact KM Legal to discuss your situation
Sources and references
Sources consulted on 6 November 2026.
- ITM — Repeated absences and dismissal
- Justice — Employment law bulletin 2019–2021, habitual absenteeism
Further reading
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