Changing jobs in Luxembourg: resignation, notice period and rights

How to resign: the format to follow

In Luxembourg, your resignation must be notified in writing. You have two options: send a registered letter (with acknowledgement of receipt, preferably) or hand your letter directly to your employer and have them sign a copy as proof.

In your letter, you must state that it's a resignation with notice. However, you don't need to explain why you're leaving. It's your right, full stop. An oral resignation or one given under pressure is generally not recognised.

Once sent, your resignation is irrevocable. You can't take it back unless your employer agrees to a retraction. Let's just say that's rare.

See also: the basics of Luxembourg labour law.

Notice period: how long you need to stay

The notice period depends on your seniority at the time you resign:

• Under 5 years: 1 month notice
• Between 5 and 10 years: 2 months notice
• Over 10 years: 3 months notice

The notice starts on the 15th of the month (if your letter is sent before the 15th), or on the 1st of the following month (if sent from the 15th onwards). The postmark date counts.

You can't impose a shorter notice period than what the law requires, unless your employer agrees. If you leave without completing your notice, you may have to pay a compensatory allowance equal to the salary for the remaining notice period.

Good to know: during the notice period, you continue to work normally and get paid. It's a regular work period.

Resigning during the probation period

If you're still on probation, different rules apply. During the first 2 weeks, you cannot resign (unless there's mutual agreement or serious misconduct by the employer).

After those 2 weeks, you can resign with a notice period calculated based on your probation length. The notice is 4 days per month of probation stated in the contract, with a minimum of 15 days and a maximum of 1 month.

For example, for a 6-month probation, the notice is 24 days. The key point: the notice must start and end within the probation period. If that's not possible, regular CDI rules apply.

For a CDD, you can in principle only resign during the probation period. After that, the contract binds you until its end date, unless the employer commits serious misconduct or there's a mutual agreement.

Your rights during and after notice

During notice, you keep all your usual rights: salary, benefits, social contributions. If you fall ill, the notice does not stop. It continues and ends on the planned date, even if you're on sick leave.

You can take your remaining leave during the notice period, but you must request it from your employer, who can refuse if service needs require it. Unused leave at the end of the notice period will be paid as a compensatory allowance with your last salary.

However, resignation does not entitle you to severance pay (even with over 5 years of seniority) or unemployment benefits (resignation is considered voluntary loss of employment).

Interesting fact: you can start working for a new employer during your notice. In that case, your former employer no longer has to pay your salary.

And to get your next job off to a good start, revisit the steps and taxes of a first job.

Immediate resignation: when it's possible

Resigning without notice is only possible in case of serious misconduct by the employer. We're talking about situations where continuing the contract has become impossible: unpaid salary for several months, harassment, abusive contract modification, etc.

The misconduct must be real, provable, and must not have been known to you for more than one month. In other words, you can't accumulate grievances for a year and then suddenly invoke serious misconduct.

If you resign for serious misconduct, you can take the matter to the Labour Court to have the misconduct established and obtain damages, a compensatory notice allowance and, if you have more than 5 years of seniority, severance pay. You can also request provisional unemployment benefits while awaiting the court's decision.

Special case: resignation after maternity leave

An employee who decides not to return to work after maternity leave to raise her child can resign without notice. This exception only applies if you're staying home to care for your child. If you want to change employers after maternity leave, you must follow the normal notice rules.

More details on the procedure on guichet.lu (ouvre dans un nouvel onglet).