On Monday 6 July 2026, the Luxembourg Chamber of Employees (Chambre des Salariés - CSL) published the latest edition of its InfosJuridiques newsletter, highlighting five recent court decisions covering key aspects of labour law and employment-related legal issues.
According to the CSL, the publication reviews recent rulings concerning maternity leave protection, jurisdiction clauses in employment contracts, workplace harassment, the distinction between employment contracts and corporate mandates, and the abuse of successive fixed-term contracts under EU law.
The first case concerned maternity leave protection. The Court of Appeal confirmed that an employer cannot dismiss an employee on the final day of maternity leave, as the employee remains protected throughout the entire statutory leave period. The dismissal was therefore declared null and void, and the employee was reinstated.
Another ruling examined jurisdiction clauses in employment contracts. The Court of Appeal confirmed that a contractual clause designating a specific labour court may be binding on both employer and employee, provided it is more favourable to the employee than the general legal rules.
A further case focused on workplace harassment and fair trial guarantees. The courts confirmed that repeated pressure, intimidation or humiliation by a manager may justify dismissal. However, Luxembourg's Court of Cassation ruled that courts must examine all arguments presented by an employee before reaching a decision, otherwise the right to a fair trial may be violated.
The publication also reviewed a ruling on the distinction between a corporate mandate and an employment contract. The Court of Appeal reiterated that a person may simultaneously hold both positions only where the duties are distinct and performed under a genuine relationship of subordination. Registration with the social security system or the issuing of payslips alone is not sufficient to establish employee status.
Finally, the newsletter highlighted a judgment of the Court of Justice of the European Union concerning successive fixed-term contracts. The court ruled that national legislation must provide effective measures to prevent employers from repeatedly using fixed-term contracts in an abusive manner instead of offering permanent employment.
The full InfosJuridiques No. 6 (June 2026) publication is available on the CSL website.