Employment & Labor Law
Dismissal for poor performance in Luxembourg: unmet targets and evidence
A dismissal cites insufficient results, errors or difficulty fulfilling the role. The discussion cannot be limited to whether a numerical target was met. The precise allegations, working conditions and evidence connecting the difficulties to the employee must be examined.
Start with the reasons actually given
For dismissal with notice, an employee may request the reasons by registered letter within one month of notification. The employer then has one month after notification of that request to provide a precise reply. [2] Keep letters, envelopes and proof of sending; an annual appraisal does not replace the letter stating the reasons for dismissal.
Classify each allegation: sales results, quality of work, technical skills, a missed deadline or conduct. This avoids responding to an allegation the employer did not make and helps identify overly general statements.
Targets: assess realism and available resources
The judgment of 28 April 2025 of the Esch-sur-Alzette Labour Court recalls that failure to meet targets is not enough by itself: the reasons must allow assessment of the causes attributed to the employee. It also highlights comparisons over a relevant period and with colleagues in comparable conditions. [1]
To analyse your situation, compare the target with the assigned portfolio, period present, tools, training received and organisational changes. A comparison table is useful only if its columns compare like with like. Two employees do not necessarily face identical conditions merely because they have the same title.
Build a response allegation by allegation
Prepare a numbered list of disputed facts. For each, state the date, what was expected, what was done and the document enabling verification. Separate facts you admit from those you dispute and points where information is missing.
- Earlier appraisals help trace how the work developed.
- Exchanges about priorities help explain a delay or change of assignment.
- Requests for resources or training should be accompanied by the replies.
- Indicators should be retained with their period and calculation method.
Example: a quarterly target is compared with a two-month result after clients were reassigned. The file must explain this difference and provide the corresponding dates. It is not enough merely to assert the comparison is unfair.
Do not confuse a PIP with proof justifying dismissal
If a performance improvement plan preceded termination, keep every version and interim review. The document’s existence alone does not answer every question: targets, employee comments, support and results must be examined together.
Also avoid presenting an old positive appraisal as a universal answer to later facts. The strength of the file lies in matching each allegation to documents from the relevant period.
Check deadlines before negotiating
A discussion with human resources is not an appeal timetable. As soon as termination is notified, identify useful steps and deadlines, then prepare the substantive response. KM Legal can analyse the stated reasons, organise evidence and assess options for challenge or settlement.
Frequently asked questions
Is an unmet target enough to justify dismissal?
The precise reason, circumstances and evidence must be assessed. A numerical shortfall does not remove the need for this analysis.
Should positive appraisals be kept?
Yes, alongside other appraisals and documents from the period criticised. They contribute to the chronology without determining the outcome alone.
Contact KM Legal to discuss your situation
Sources and references
Sources consulted on 6 November 2026.
- Esch-sur-Alzette Labour Court — 28 April 2025, no. 1080/2025 (2025 ZIP archive)
- Guichet — Requesting the reasons for dismissal
Further reading
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