Mandatory clauses in an employment contract in Luxembourg

Written contract requirement and delivery

The employment contract, whether permanent (CDI) or fixed-term (CDD), must be drawn up in writing by the employer for each employee individually, no later than the time of commencement of work (Art. L. 121-4).

The document is drawn up in duplicate — one copy for the employer and one for the employee. It may be transmitted:

• in paper format;
• in electronic format, provided that the employee can access, save and print it, and that the employer retains proof of transmission or receipt.

Mandatory clauses (general rule)

In accordance with Article L. 121-4 of the Labour Code, the contract must contain the following information:

• Identity and location: identity of the parties, start date, place of work (or provision for work at various locations or abroad), registered office or domicile of the employer.
• Position and duties: nature of the job and description of the functions or tasks assigned at the time of hiring.
• Working time: normal daily or weekly working hours, work schedule, terms and pay for overtime, any shift arrangements.
• Remuneration: basic salary, supplements, ancillary benefits, bonuses or profit-sharing (listed separately), frequency and method of payment.
• Leave and termination: duration of paid leave (or the method for determining it) and the termination procedure (forms and notice periods).
• Probationary period: duration and conditions, if applicable.
• Legal and social framework: applicable collective agreements, identity of social security bodies and the social protection scheme (including supplementary pension if applicable).
• Other: training rights granted by the employer and any agreed derogatory or additional clauses.

Specific requirements for fixed-term contracts (CDD)

In addition to the general clauses, a fixed-term contract must specify (Art. L. 122-2):

• the purpose of the contract;
• the end date (if a fixed term is set) or the minimum duration (if no end date is specified);
• the name of the employee being replaced, where applicable;
• any renewal clause, if provided for.

Student contracts

Contracts concluded with pupils or students during school holidays must also be drawn up in writing. They contain information similar to that required under Article L. 121-4, with additional details on the student's home address and, where applicable, the accommodation provided by the employer (Art. L. 151-3).

Deadlines for communicating information

If all information has not been provided at the time of hiring, the employer must communicate it via one or more documents within the following deadlines (Art. L. 121-4):

• Within 7 calendar days (from the 1^st day of work): identity of the parties, start date, place of work, nature of the job, working time, remuneration and probationary period.
• Within 1 month: termination procedure, duration of paid leave, social security bodies and training rights.

Consequences of the absence of a written contract

The absence of a written contract has several significant consequences:

• Open proof: the employee may establish the existence and content of the contract by any means of proof, regardless of the amount in dispute (Art. L. 121-4).
• Presumption of permanent contract: for a fixed-term contract, the absence of a compliant written contract results in automatic reclassification as a permanent contract, with no possibility of evidence to the contrary (Art. L. 122-2).
• Early termination: if one party refuses to sign the written contract, the other may terminate it without notice or compensation, no earlier than the 3^rd day after the request and within 30 days of commencement of employment (Art. L. 121-4).