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Challenging an unfair dismissal in Luxembourg

In Luxembourg, an employee who believes they have been unfairly dismissed must act quickly: the claim is in principle subject to a three-month limitation period (art. L.124-11 of the Labour Code), failing which the right to act is lost. A dismissal is deemed unfair where the grounds are not real and serious. The firm assesses your prospects and brings the claim.

In short

To challenge an unfair dismissal in Luxembourg, an employee must in principle act within a three-month forfeiture period (Article L.124-11 of the Labour Code), failing which the right to sue is lost. A dismissal is unfair if the grounds are not genuine and serious.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

Unfair dismissal in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesStated fees. Fixed advisory fee or per phase of litigation.
Indicative timingThe deadline to act is in principle three months: you must seek advice immediately. The firm responds as a matter of urgency.
Documents required
  • Dismissal letter and statement of grounds
  • Employment contract and payslips
  • Timeline and correspondence
Deliverables
  • Assessment of prospects and of the deadline
  • Action before the Labour Tribunal
  • Quantification of the compensation

The three-month deadline is the main trap in dismissal cases: it runs from notification of the dismissal or of the grounds, and its starting point depends on the circumstances.

Cerno Law Firm secures the timeline, requests the grounds where needed and defends the employee's compensation (or the employer's position).

Unfair dismissal in Luxembourg: when should you call on the firm?

You have been dismissed and the dismissal appears unjustified to you.

The deadline to act is short and its starting point is technical.

What happens if you do nothing?

Time-barring on expiry of the three-month period, definitive loss of the right to act despite a strong case.

An imprecise ground in the letter may render the dismissal unfair.

Our involvement

Calculation of the deadline, request for the grounds, assessment of prospects and action before the Labour Tribunal.

Quantification of the compensation and any negotiation.

Practice areas

When to call on the firm

  • Challenge a dismissal lacking real and serious grounds.
  • Request the grounds for the dismissal within the deadline.
  • Obtain compensation for unfair dismissal.
  • On the employer side, secure the dismissal procedure.

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FAQ

Frequently asked questions

What is the deadline to challenge an unfair dismissal?

In principle three months (art. L.124-11), a limitation period: once it expires, the claim is inadmissible. The starting point depends on the notification and the statement of grounds.

When is a dismissal unfair?

Where the grounds are not real and serious, or where the procedure was not followed. An imprecise ground may be enough to render it unfair.

Can the deadline be interrupted?

A written claim within the meaning of the law may, under certain conditions, extend the deadline. The firm checks this point without delay.

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Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
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Expertise & authority

Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

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