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KM Legal est une étude d’avocat au Luxembourg fondée par Maître Katarzyna Martin, Avocate à la Cour. Elle accompagne entreprises, dirigeants, salariés et particuliers en droit du travail, droit des sociétés, immigration, mobilité internationale et sécurité sociale, ainsi qu’en conseil et contentieux.

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Lexicon

[ The Words of Law ]

A term, an explanation.

Affiliation, notice period, residence permit... Find useful concepts to understand your procedures and the questions that arise in Luxembourg.

152 terms · 10 fields

Working Edition

152 terms

Employment & Labor Law

Length of service

Length of service is involved notably in the notice period. Discover the date to retain and the documents to examine to reconstruct your career.

08.

Immigration & International Mobility

Apostille

The apostille is a certification provided by the Hague Convention for certain public acts intended for another State bound by this convention.

09.

Civil & Commercial Litigation

Appeal of a judgment

An appeal allows the re-examination of a judgment. Concerned decision, deadline, and proof of notification: points to identify before an appeal.

10.

Corporate Law & Business Law

Contribution in kind

A contribution in kind transfers a property to a company in exchange for equity. Ownership, value, and documents: points to verify.

11.

Corporate Law & Business Law

Cash contribution

A cash contribution finances the company in exchange for equity. Understand its difference with a loan and prepare the necessary acts.

12.

Social Security & Cross-Border Rights

Contribution base

The base is the calculation basis for social contributions. Professional income, minimum, and maximum: understand a CCSS call.

14.

Civil & Commercial Litigation

Summons

A summons calls you before a court. Understand the bailiff's act, the information to read, and the documents to prepare.

15.

Civil & Commercial Litigation and advisory

Legal aid

Legal aid helps cover certain legal costs under resource conditions. Understand the application and its limits.

16.

Civil & Commercial Litigation and advisory

Penalty payment

A penalty payment encourages compliance with a court decision. Obligation, start date, and calculation: understand its scope and limits.

19.

Corporate Law & Business Law

Business permit

The business permit regulates the exercise of certain activities. Manager, qualifications, and installation: prepare the application.

21.

Corporate Law & Business Law

Share capital

Share capital corresponds to contributions allocated to the capital. Understand the minimums according to the company and the difference with cash.

29.

Immigration & International Mobility

European Blue Card

The European Blue Card concerns highly qualified employment. Qualifications, contract, and stay path: points to check.

30.

Immigration & International Mobility

A1 Certificate

The A1 certificate certifies the social legislation applicable to cross-border activity. Understand its scope and limits.

33.

Employment & Labor Law

Work Certificate

The work certificate certifies the positions held and their dates. Objective mentions, request, and correction: useful points.

34.

Employment & Labor Law

Non-Compete Clause

Post-employment non-competition depends on the content of the clause. Prohibited activity, duration, and promised indemnity: points to distinguish.

37.

Corporate Law & Business Law

Annual Accounts

Annual accounts must be prepared, approved, and then filed. Understand the schedule of a SARL and the proof of filing with the RCS.

41.

Civil & Commercial Litigation

Judicial Conclusions

Conclusions present claims and their arguments to the judge. Facts, documents, and amounts: understand their preparation with the lawyer.

42.

Employment & Labor Law

Paid Annual Leave

Paid annual leave allows the employee to rest. Legal duration, requested dates, and balance: understand the notions to distinguish.

43.

Employment & Labor Law

Maternity Leave

Maternity leave includes periods before and after childbirth. Schedule, affiliation, and certificate: prepare the procedures.

44.

Employment & Labor Law

Parental leave

Parental leave allows suspension or reduction of activity for one's child. Verify formulas, affiliation, and schedule.

46.

Civil & Commercial Litigation

Claim

A claim is the right to demand a service or payment. Origin, amount, and due date allow preparing a recovery.

56.

Civil & Commercial Litigation

Creditor

The creditor holds the right to claim a service. Understand their identity, status, and necessary documents for recovery.

57.

Employment & Labor Law

Bankruptcy trustee

The trustee is appointed by the court in a bankruptcy to manage the operations entrusted to them, under the control of the procedure.

58.

Civil & Commercial Litigation

Debtor

The debtor must fulfill an obligation to a creditor. Identity, origin of the debt, and payments must be verified before responding.

59.

Immigration & International Mobility

Declaration of arrival

The declaration of arrival is made with the municipality of residence. Understand its place in the residence process for a foreign employee.

60.

Litigation & Advisory

Plaintiff

The plaintiff initiates a lawsuit. Identity, claims, and documents: understanding their role in a procedure in Luxembourg.

63.

Employment & Labor Law

Resignation with Notice

Resignation ends the permanent contract at the employee's initiative. Seniority, notice period, and early departure: prepare a reliable schedule.

64.

Litigation & Advisory

Legal Costs

Legal costs group certain trial expenses. Understand their difference from attorney fees and procedural indemnity.

65.

Employment & Labor Law

Work Exemption

Work exemption releases the employee from their tasks during the notice period. Initiative, salary, and end date must be distinguished.

67.

Litigation & Advisory

Exequatur

Exequatur allows certain enforcements of foreign decisions in Luxembourg. The country, subject matter, and applicable regime are determining.

72.

Litigation & Advisory

Judicial Expertise

Judicial expertise provides a technical opinion to the judge. Mission, documents, and observations help understand the report's scope.

73.

Employment & Labor Law

Gross Misconduct

Gross misconduct can justify immediate contract termination. Facts, proof, and notification must be examined in their context.

74.

Litigation & Advisory

Forfeiture

Forfeiture can prevent the exercise of a right after a deadline. Received act, starting point, and required step must be identified.

75.

Social Security & Cross-Border Rights

Form S1

The S1 form is used to open healthcare rights in the country of residence. Understand its role and the electronic exchanges S072.

76.

Social Security & Cross-Border Rights

Form S2

The S2 form concerns authorization for planned medical treatment in another country. It differs from the S1 and the European card.

77.

Corporate Law & Business Law

Management of SARL

The management directs and represents the SARL. Appointment, signatures, and corporate mandate: verify who can bind the Luxembourg company.

78.

Civil & Commercial Litigation

Court Clerk

The court clerk participates in the functioning of the court. Understand the role of the registry for cases, hearings, and procedural acts.

79.

Employment & Labor Law

Overtime

Overtime opens a compensation regime. Rest, increased payment, and accounting: understand the ordinary rules.

81.

Employment & Labor Law

Incapacity for Work

Incapacity for work temporarily prevents performing one's job. Employer information and certificate to the CNS are two obligations.

85.

Employment & Labor Law

Severance Pay

Severance pay depends notably on seniority and the mode of termination. Distinguish it from notice and negotiated compensation.

88.

Employment & Labor Law

Unfair Dismissal

An unfair dismissal is contested on grounds and within specific deadlines. Distinguish the substance of the dismissal from a procedural irregularity.

94.

Corporate Law & Business Law

Subordination Link

The subordination link helps characterize an employment relationship. Actual functions matter, beyond the contract title.

95.

Civil & Commercial Litigation

Release of Seizure

The release ends a measure such as a seizure. Understand why payment and effective lifting must be followed separately.

98.

Employment & Labor Law

Conservatory Suspension

The conservatory suspension temporarily removes the employee. Reason, protected status, and consequences must be distinguished from a definitive termination.

100.

Civil & Commercial Litigation

Formal Notice

The formal notice is a request addressed to a person to perform an obligation that has become due.

101.

Corporate Law & Business Law

Corporate Purpose

The corporate purpose describes the activities provided in the articles of association. Verify its consistency with the project, powers, and required authorizations.

106.

Civil & Commercial Litigation

Payment Order

The payment order allows claiming a documented debt. Amount, documents, and possibility of contestation guide the procedure.

108.

Corporate Law & Business Law

Shareholders' Agreement

The shareholders' agreement organizes commitments between signatories. Voting, financing, and exit from capital are articulated with the articles of association.

109.

Social Security & Cross-Border Rights

Disability Pension

The disability pension is a benefit from the pension insurance granted when the medical and insurance conditions provided by law are met.

110.

Employment & Labor Law

Probationary Period

The probation must be provided in writing. Authorized duration, suspension, and notice of termination must be verified before setting a departure date.

111.

Corporate Law & Business Law

Legal Entity

The legal entity has a legal identity distinct from its members. Understand who contracts, owns assets, and takes legal action.

113.

Employment & Labor Law

Social Plan

The social plan accompanies a collective redundancy project: negotiate to avoid departures or mitigate their consequences.

115.

Civil & Commercial Litigation

Limitation Period

The limitation period attaches effects to the passage of time. Nature of the right, due date, and acts guide the calculation of the period.

119.

Civil & Commercial Litigation and Advisory

Debt recovery

Debt recovery seeks amicable or judicial payment of a debt. Proof, due date, and choice of procedure structure the approach.

123.

Civil & Commercial Litigation and Advisory

Civil summary proceedings

Civil summary proceedings allow certain provisional measures. Urgency, evidence, or provision: the basis depends on the measure requested from the judge.

126.

Immigration

Family reunification

Family reunification allows certain relatives to join a foreign resident. Family link, permit, and supporting documents guide the application.

128.

Employment & Labor Law

Compensatory rest

Compensatory rest corresponds to certain work periods, including overtime. Identify the origin of the right before calculating the balance.

130.

Civil & Commercial Litigation and Advisory

Application to the court

The application seizes a judge in certain procedures. Request, documents, jurisdiction, and proof of filing must be prepared together.

131.

Corporate Law & Business Law

Legal reserve

The legal reserve is a portion of profit that must be allocated to a reserve when the conditions provided for the company are met.

132.

Litigation & Advisory

Garnishment

Garnishment targets sums or assets held by a third party on behalf of the debtor, for example with a bank or employer.

136.

Immigration & International Mobility

Stay of Execution

A stay of execution is a measure that temporarily suspends the execution of a decision under the conditions set by the applicable procedure.

145.

Immigration & International Mobility

Residence Permit

The residence permit corresponds to a determined category and duration. Authorized employment, validity, and renewal must be verified.

146.

Immigration & International Mobility

Sworn Translation

A sworn translation is carried out by a translator authorized according to the framework recognized by the recipient authority.

148.

Employment & Labor Law

Settlement

A settlement is an agreement intended to end a dispute or prevent litigation, with reciprocal concessions.

149.

Social Security & Cross-Border Rights

Cross-border Worker

The cross-border worker works in one country and resides in another. Affiliation, healthcare, and telework require distinct verifications.

150.

Employment & Labor Law

Labor Court

The Labor Court adjudicates individual disputes arising from the employment relationship. It is distinct from the ITM and social courts.

151.

Immigration & International Mobility

Type D Visa

The Type D visa is a long-stay visa, distinct from the residence permit. Understand its place after prior authorization and before arrival.

152.

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