Family & litigation
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.
Responsible 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
| Item | What to know |
|---|---|
| Fees | Stated fees. Fixed advisory fee or per phase of litigation. |
| Indicative timing | The deadline to act is in principle three months: you must seek advice immediately. The firm responds as a matter of urgency. |
| Documents required |
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| Deliverables |
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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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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009
- 2013
- independent firm
- 2009
- at the Bar since 2009
- 4,7/5
- 81 Google reviewsRead reviews
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
Member of international networks: EILN, AEA, Cross Border Advisory Solutions
Every matter handled and approved by a lawyer admitted to the Bar
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Selected excerpts from public reviews. Consult the Google listing for all ratings and comments; a testimonial does not guarantee a legal outcome.
Had a consultation with Me Cora Maglo about my Luxembourg Blue Card application. She explained everything clearly: the process, timeline and documents I need, and helped me with my wife’s family reunification too. Honest and practical advice. I felt confident after talking to her.F. P.J’ai beaucoup apprécié le service de Maître Maglo : son sérieux, sa sympathie, son professionnalisme et sa disponibilité. Toujours répondu rapidement et clairement, avec des conseils pragmatiques, sans pousser à des procédures longues et coûteuses lorsqu’elles ne sont pas justifiées.N. W.Super assistance and great support! Highly recommend. All my questions were answered, Cora and her team kept me updated all the time. I will definitely reach out to them next time for my residency.T.They talk about us
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