Apprenticeship contract in Luxembourg: conditions, duration and termination

Conclusion and nature of the contract

The apprenticeship contract is concluded between the training employer (or training organisation) and the apprentice — or their legal representative if the apprentice is a minor. It must be drawn up in writing, no later than at the time of commencement of the apprenticeship, and executed as a private document (Art. L. 111-3 and L. 111-4). Failure to comply renders the contract null and void.

Conditions to train an apprentice

The training employer must satisfy three cumulative conditions (Art. L. 111-4 and L. 111-5):

1. Age: be at least 21 years old.
2. Good character: provide guarantees of good character based on criminal record. Persons convicted of a felony, fraudulent bankruptcy, indecency, or sentenced to more than three months' imprisonment are unable to train apprentices.
3. Qualification: meet the professional qualification requirements defined by the relevant employers' chamber or the Minister.

The training organisation must also designate one or more approved tutors responsible for the pedagogical supervision of the apprentice (Art. L. 111-5).

Mandatory clauses and null clauses

The contract must include:

• the identity of the parties and the designated tutor;
• the training objectives and methods;
• the start date, duration and normal working hours;
• the amount and frequency of the basic allowance;
• the duration of paid leave;
• the termination procedure and notice periods.

Duration, probationary period and extensions

Probationary period

The probationary period is fixed at 3 months, non-renewable. During this period, the contract may be terminated unilaterally and without notice by either party (Art. L. 111-3).

If the contract is suspended during the probationary period (illness, accident, etc.), the period is extended by an equivalent duration, up to a maximum of one additional month.

Extensions

The contract may be extended beyond its initial duration in two cases (Art. L. 111-3):

• First extension (max. 1 year): automatic if the apprentice needs it to complete their training.
• Second extension (max. 1 year): subject to agreement of both parties.

Suspension and prolongation

In the event of extended absence (illness, maternity), the contract is suspended and extended accordingly to allow the apprentice to complete their training.

Termination of the contract

The apprenticeship contract ends naturally upon successful completion of the training or may be terminated by mutual agreement. Unilateral termination is governed differently depending on timing (Art. L. 111-8):

Valid grounds for termination after the probationary period include: serious misconduct, proven inability to learn, health reasons incompatible with continuing the apprenticeship, or an irreparable breakdown of trust.

Social protection of the apprentice

Incapacity to work

The apprentice is subject to the same notification obligations as any employee in cases of incapacity: notification on the same day, medical certificate within 3 days. Article L. 121-6 applies, which prohibits notification of termination for a period of 26 weeks in the event of incapacity to work (Art. L. 111-3 and L. 121-6).

Social security affiliation

Apprentices receiving a paid vocational training allowance in the Grand Duchy are compulsorily insured under the health and maternity insurance scheme (Art. CSS-I-1).

Family allowances after age 18

An apprentice over 18 may continue to receive family allowances provided their apprenticeship allowance is below the social minimum wage (Art. CSS-IV-271).