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Re-employment in Luxembourg: priority for ex-employees, parents and more
In this article, we will explain who a company must prioritize in the recruitment process and who can claim this priority under Luxembourg law.
In Luxembourg, re-employment prioritizes former employees, parents returning from leave, those laid off for economic reasons, and former beneficiaries of an employment initiation contract (CIE) who are now unemployed. This is governed by Article L.332-4 (Re-employment after parental leave) and Article L.125-9 (Employees Laid Off for Economic Reasons) of the Labor Code.
Which employees should be hired first?
In the hiring process, employers in Luxembourg are mandated to prioritize the reemployment of former staff or specific categories of employees whose profiles align with the requirements of the new positions. This approach ensures a focus on individuals with previous experience within the organization or those possessing skills and qualifications tailored to the job specifications.
Granting priority significantly enhances the likelihood of securing employment, as employers cannot choose another candidate with similar qualifications based solely on superior capabilities or aptitude.
Not suitable option
The employer can opt for an alternative candidate only if the prioritized employee is unequivocally unsuitable for the position, and this unsuitability must be demonstrable.
However, while priority increases the chances of employment, it does not guarantee it. If a prioritized candidate lacks essential competencies for the role, the position may not be awarded.
The priority is given to the following categories
Laid off employees
Protection is extended to those facing job loss due to economic circumstances.
Parents who raised kids
Those who resigned at the end of their maternity or adoption leave to fully dedicate themselves to their child's education. Note that employees resigning after parental leave for reasons unrelated to childcare do not qualify for this priority.
Previously initiated
Former employees who previously worked under an initiation to employment contract (CIE) and are currently unemployed again.
The procedure for re-employment by priority in Luxembourg
We will now analyze in detail the priority reemployment procedures in Luxembourg, focusing on the three cases in which former employees have priority and examining the key features, procedures and obligations for both the employee and the employer. For each case we will focus on four main points:
Period of recruitment priority
This signifies the duration during which the former employee can benefit from hiring priority.
Informing period and obligations
This pertains to the obligation of the former employee to inform their previous employer to benefit from priority, specifying how they should communicate and the time constraints involved.
Employer notification of vacant positions
This outlines the employer's obligations when a former employee seeks priority.
Employee response period
It addresses the freedom of the worker to accept or reject the reintegration offer from the employer, emphasizing how they should respond to the employer's offer.
Now, let's break down the specifics for each case and take a look at possible documents you might need to apply for priority re-employment.
Employees laid off for economic reasons
Recruitment priority period
One year from the date of departure from the company.
Information requirement
The former employee must inform, in writing on plain paper, their former employer of their intention to exercise this right within one year of their departure.
Employer notification
The employer must communicate in writing, preferably by registered mail with acknowledgment of receipt, any vacant position matching the employee's profile.
Employee response
Within 8 days, the employee must respond in writing, preferably by registered mail with acknowledgment of receipt, indicating their decision to accept or decline the employer's offer.
Application for re-employment for laid off employees
PDF
Application form for employees in French language
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Application form for employees in French language
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Employees resigning at the end of maternity or adoption leave
Recruitment priority period
During the year following the rehiring request.
Information requirement
The former employee must inform, in writing, by registered mail with acknowledgment of receipt, the former employer of their intention to benefit from this right within one year of resignation.
Employer notification
The employer must communicate in writing, by registered mail with acknowledgment of receipt, any vacant position corresponding to the employee's profile.
Employee response
Within 8 days, the employee must communicate in writing, by registered mail with acknowledgment of receipt, their decision to accept or decline the employer's offer. In case of acceptance, the employer must grant the employee all the benefits they had at the time of resignation.
Application for re-employment after parental leave
PDF
Official application form for priority re-employment in Luxebmourg
EN
FR
LU
Official application form for priority re-employment in Luxebmourg
Download
Former employees under an employment initiation contract
Recruitment priority period
For a duration equivalent to the time spent under the contract in the company, starting from the contract's termination.
Information requirement
The employee is not obliged to inform the employer to benefit from priority.
Employer notification
The employer must communicate in writing, preferably by registered mail with acknowledgment of receipt, any vacant position corresponding to the employee's profile.
Employee response
Within 8 days, the employee must respond in writing, preferably by registered mail with acknowledgment of receipt, indicating their decision to accept or decline the employer's offer.
Who is in charge?
Frequently Asked Questions (FAQ)
Who qualifies for re-employment priority in Luxembourg?
Re-employment priority in Luxembourg is extended to specific categories of individuals, including employees laid off due to economic reasons, those resigning after maternity or adoption leave to focus on childcare, and former employees who worked under an employment initiation contract (CIE) and are currently unemployed.
How long does the period of recruitment priority last for different cases?
The duration of recruitment priority varies for different cases. For employees laid off for economic reasons, the priority lasts for one year from the departure date. Parents resigning at the end of maternity or adoption leave have a priority period during the year following the rehiring request. Former employees under a CIE have a priority period equivalent to the time spent under the contract, starting from the contract's termination.
What employers must do when a former employee applies for re-employment priority?
When a former employee seeks re-employment priority, employers in Luxembourg are obligated to communicate any vacant positions matching the employee's profile in writing. This communication is preferably done by registered mail with acknowledgment of receipt, except for employees who were demised after maternity leave, in which case it is mandatory to use registered mail.
Can a former employee be denied re-employment even with priority status?
Yes, a former employee with priority status can be denied re-employment if they lack essential skills or qualifications for the available position. The employer has the discretion to choose an alternative candidate only if the prioritized employee is unequivocally unsuitable for the role, and this unsuitability must be demonstrable. The priority status does not guarantee employment if the candidate lacks key competencies essential for the position.
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Source: guichet.public.lu
We took photos from these sources: Gabrielle Henderson on Unsplash
Authors: Luz
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