Lexicon

Employment & Labor Law

Real and Serious Reasons

Real and serious reasons are the grounds likely to justify a dismissal with notice. In Luxembourg, they may concern the employee's aptitude or conduct, but also the operational needs of the company. A general formula, such as "loss of trust," does not exempt from examining the facts on which it is based.

In the ordinary CDI regime, the employee can request the reasons by registered letter within one month following the receipt of the dismissal letter. The employer then has one month from the receipt of this request to respond with precision. The absence of reasons in the first letter does not, by itself, qualify any termination as unfair.

The analysis focuses on identifiable facts, their proof, and their ability to justify the decision. It must distinguish professional insufficiency, reproached behavior, and reorganization. Requesting the reasons does not equate to initiating a judicial challenge: the specific deadlines for each procedure must be followed separately. The trial period and protected statuses require specific analysis.

Official Source

• Guichet.lu — Demande des motifs du licenciement