Lexicon

Employment & Labor Law

Gross Misconduct

Gross misconduct is an act or behavior that makes the continuation of the employment relationship immediately and definitively impossible. In Luxembourg, this qualification can justify a termination with immediate effect. It does not result from a mere label in a letter nor from the employer's sole dissatisfaction.

The assessment depends on the circumstances: reality of the facts, responsibilities exercised, context, and consequences. The notification must precisely state the allegations. The time within which the employer acts after becoming aware of it and, when required, the prior interview are part of the control. Particular protection of the employee may require another mechanism.

The financial stake is significant: a justified immediate termination does not open the same rights to notice and severance pay as an ordinary dismissal. However, it does not erase already acquired rights, such as a remaining due salary. To prepare a challenge or a decision, gather dated documents and distinguish what is directly established from what is only reported.

Official Source

• Guichet.lu — Rupture pour faute grave de l’employeur