Godkjent av

Secondment Agreement Luxembourg

These two collective agreements were declared by two Grand-Ducal Regulations of 10 June 2014 for all temporary workers and for all permanent workers of temporary employment agencies in Luxembourg, renewed by two new collective agreements concluded on 9 July 2018 and declared universal by a Grand Ducal Decree of 9 November 2018. Any clause mentioned in, among other things, an employment contract, a collective agreement or internal company regulations, which imposes a lower wage than workers of the other sex for the same work or equivalent for one or more workers of the same sex is null and void and not entitled. The highest salary paid to these latter employees automatically replaces the salary contained in the nullity allowance. A secondment agreement can be qualified as both a paid and acting contract. As of November 4, 2016, fixed-term contracts are covered by the temporary work regime when the requirements of Section 7:690 of the Dutch Civil Code are met. It is therefore entirely possible that a seconded worker will work on the basis of an interim employment contract, but does not know it. However, it is also possible that an interim employment contract may be considered a pay slip. The payslip must be put in place if (i) the employer has not played an "allocation function" (i.e., has not played a role in the merger of supply and demand for temporary work) and (ii) the employee is exclusively assigned to the tenant. Since wab MPs came into force, whose contracts correspond to the characteristics of the payslip, they have been included in the scope of the wage counting measures of this law. As far as the payslip is concerned, the employee is entitled to conditions of employment and a status equivalent to those of employees in positions comparable to those of the tenant. The provisions relating to temporary work are not (more) employed under such conditions (wages). Therefore, this relationship cannot simply be converted into a fixed-term contract or considered a temporary employment relationship. In the absence of an agreement between the parties within a fortnight, the minutes of the negotiations signed by the parties are communicated to the employment department and the labour inspectorate.

In addition, the parties must submit their disputes to the National Mediation Office in order to reach an agreement. The results of these negotiations are communicated to the employment services and the labour inspectorate. At the request of his doctor and in agreement with the employer, a worker may, under certain conditions, request a gradual return to the state of work for therapeutic purposes, which may be granted by prior decision of the health insurance fund. During this period of gradual return to work, the worker receives sickness benefits from the health insurance fund. He or she is then fully supported and supported by the health insurance fund, although he or she will work part-time for the employer as part of a gradual return to working life. An unpaid right of leave is provided for in the regulation of 30 March 2006, which contains the declaration of the general obligation to conclude an agreement for inter-professional social dialogue with regard to individual access to continuing vocational training. Under these regulations, only workers with a minimum age of two years can apply for this unpaid leave.

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