17 August
In Luxembourg, the trial period is not compulsory when establishing an employment contract. However, this can be mentioned in the contract according to the will of the employer. The duration of the trial period will be different depending on the type of contract (temporary, CDD, CDI, etc.). During the trial period, both parties can break the contract without proof.
The trial period in a temporary contract
In the interim, the assignment contract may or may not include a trial period. The trial period cannot be renewed during the same assignment contract.
In Luxembourg, the trial period will depend on the number of days worked concluded in the contract:
- Mission contract less than or equal to 1 month = 3 days
- Mission contractmore than 1 month = 5 days
- Mission contractmore than 2 month = 8 days
During the trial period, the temporary work company and the temporary employee can both terminate the contract without notice and without compensation, by delivering a letter by registered mail or when hand-delivered against signature.
Please note: Following his mission, if the temporary employee is hired by the user company to perform the same task, there cannot be a clause concerning the trial period in the new contract.
The trial period in CDI
During a contract of indefinite duration, the minimum duration of the trial period is 2 weeks.
The maximum duration depends on the level of remuneration and qualification of the employee:
- Maximum 3 months: if the employee does not have a CATP/DAP type training level.
- Maximum 6 months if the employee has a level higher than or equal to that of the CATP/DAP.
- Maximum 12 months if the employee receives a gross monthly salary greater than or equal to 536 euros at the index 100.
As part of a permanent contract with a company, the trial period cannot be renewed at its end, nor for an identical, similar or different position.
CDD trial period
The conditions of the trial period for a CDI are also applicable to a fixed-term contract (see above).
If the CDD does not have a fixed term, the duration of the trial period will be based on the minimum duration of the contract.
During a fixed-term contract, the period can be renewed provided that the company hires the employee again for completely different functions.
source: Guichet.public.lu
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