Employment & Labor Law
Amendment to the employment contract
An amendment modifies the employment contract. Concerned clauses, effective date, and parties' agreement: checks before signing.
Lexicon
Employment & Labor Law
Substantial Modification of the Employment Contract
A substantial modification affects an essential element of the contract. When imposed to the detriment of the employee, Luxembourg law provides for a specific procedure. The qualification depends on the contract and circumstances: remuneration, function, or working hours may be decisive.
Compare the old and new situation using the writings, then distinguish a procedural defect from a challenge to the reasons for the change. Do not simply stop working based on the word substantial: the reaction paths and their effects must be examined before any termination decision.
A table comparing the clauses before and after the change allows specifying the disagreement: salary amount, responsibilities, hours, or location provided in the contract. The procedure to follow depends on this concrete analysis and the favorable or unfavorable nature of the change.
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Indefinite-term employment contract (CDI)
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Real and Serious Reasons
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An unfair dismissal is contested on grounds and within specific deadlines. Distinguish the substance of the dismissal from a procedural irregularity.