Certificate of Employment and References in Luxembourg

1. The obligation to issue: on the employee's request

Article L.125-6 of the Labour Code provides that the employer must hand over a certificate of employment to the employee at the expiry of the contract. This obligation applies to both open-ended contracts (CDI) and fixed-term contracts (CDD) — whether they end at their natural term, through dismissal, resignation or mutual agreement termination.

One important point: the employer's obligation is conditional on the employee's request. The employer is not required to issue the certificate spontaneously if the employee does not ask for it. It is for the employee to take the initiative — preferably in writing, to retain evidence of the request in the event of a later dispute.

2. Mandatory and strictly limited content

The law defines exhaustively the information the certificate of employment must contain. There are three items and the document may in principle include only these.

The start date. This is the date on which the employee actually began working for the employer. Where the employee had several successive contracts with the same employer — a fixed-term contract converted to an open-ended one, for example — the date used may be that of the first contract, depending on the circumstances.

The end date. This is the date on which the employment contract came to an end. It coincides with the end of the notice period (even if the employee was released from working it out), or with the effective date of a mutual agreement termination.

The nature of the role(s) held. The law specifies that where the employee held several successive positions within the same company, the certificate must mention each role with the corresponding periods. This full traceability requirement is particularly important for employees who have progressed internally.

3. Absolute prohibition on subjective or unfavourable remarks

Article L.125-6 of the Labour Code lays down a fundamental rule: any tendentious or unfavourable remark about the employee is formally prohibited on the certificate of employment. This prohibition applies to both explicitly negative assessments and to ambiguous wording whose real meaning might be perceived as derogatory by a future employer.

In practical terms, all wording that, directly or indirectly, would allow the reader to infer a negative assessment of the employee is prohibited: references to a dismissal for misconduct, mentions of professional inadequacy, comments on conduct or punctuality, indications of repeated absences or a prolonged period of sick leave.

This rule sets the Luxembourg certificate of employment radically apart from letters of recommendation or professional references used in other countries, where the employer is free to express their opinion on the quality of the employee's work. In Luxembourg, the certificate is a neutral and factual document — neither laudatory nor critical.

4. Specific time limit for fixed-term contracts

For fixed-term contracts, the law provides a specific time limit that protects the employee at the end of their assignment. Article L.125-6 states that where the employee requests it, the employer must issue the certificate of employment at least eight days before the contract's expiry date.

This advance notice is important in practice: an employee on a fixed-term contract often needs the certificate to begin their job search immediately after their contract ends — or even to present it at interviews scheduled before the end of their current assignment. The law therefore guarantees that they have the certificate in hand before their contract has actually expired.

To benefit from this eight-day period, the employee must make their request early enough — in practice, at least eight days before the contract's end date, so that the employer has time to draw up and hand over the certificate within the prescribed period.

5. The case of garden leave

Where the employee is released from working their notice — whether at the employer's initiative or following an accepted request in the context of a resignation — the question arises as to when the right to a certificate of employment may be exercised.

According to the ITM's practical guidance, the right to request the certificate arises at the effective cessation of work — that is, at the moment when the employee effectively stops being present in the business and carrying out their duties — and not at the legal end date of the contract, which may be later.

In practice, this means that an employee on garden leave may request their certificate from their last actual working day, without waiting for the notice period to legally expire. The employer must then issue it within a reasonable time following that request, even if the contract has not yet legally ended.

6. Remedies in the event of refusal or delay

Written formal notice

The first step is for the employee to send the employer a written formal notice requesting that the certificate be issued within a set deadline. This formal notice, sent preferably by registered letter with acknowledgement of receipt, constitutes proof of the formal request and of the employer's refusal or inaction. It is a step generally recommended before any court application.

Summary proceedings

If the employer persists in refusing or failing to act after the formal notice, the employee may bring the matter before the presiding judge in summary proceedings (référé). This is an urgent procedure enabling a rapid interim order to be obtained without waiting for a full hearing on the merits. It is particularly well-suited to this type of situation, as the need for the certificate is often pressing — the employee is job-hunting and cannot wait months for a decision.

Luxembourg case law has already ruled on such disputes. In a decision recorded under reference 2064/24, the court ordered an employer to hand over the certificate of employment under penalty of a daily fine (astreinte) — meaning that for each day of delay in complying with the order, the employer would have to pay a set sum. This penalty mechanism is an effective tool for compelling a reluctant employer to act swiftly.

Summary of situations and applicable rules