Criminal labor law
ECLIPSE is a law firm recognized for its expertise in criminal labor law in Luxembourg.
Labor law, and more specifically the Luxembourg Labor Code, contains numerous rules aimed at ensuring the health and safety at work of the various stakeholders and employees of a company. Labor law and European regulations also guarantee compliance with the rules on equal pay, equal and non-discriminatory treatment between employees, and prohibit any form of moral or sexual harassment.
The legislation also lays down numerous rules regarding compliance with safety standards in companies or on construction sites.
Criminal labor law encompasses all the rules and penalties applicable in the event of a breach of legal obligations in a company.
It targets in particular:
- Failure to comply with occupational health and safety rules
- Acts of moral or sexual harassment
- Discrimination based on origin, gender, age, religion, sexual orientation, disability, etc.
- Any violation of the fundamental rights of employees
In Luxembourg, legislation requires employers to ensure a safe and respectful working environment.
It is necessary to put in place measures to prevent occupational risks, regularly assess hazards, provide ongoing training for staff, adopt internal policies against harassment and discrimination, and strictly comply with the Labor Code.
In the event of a breach, the employer may be held criminally liable, with penalties for the company director or health and safety representative ranging from fines to imprisonment.
The Labor and Mines Inspectorate (ITM) ensures compliance with health and safety rules in Luxembourg companies. In the event of a violation, administrative penalties and/or criminal proceedings may be initiated.
Whether you are an employer or an employee, it is crucial to know your rights and obligations in order to prevent risks and ensure a healthy working environment.
In case of doubt, conflict, or an ITM inspection, trust ECLIPSE to defend your interests with rigor, efficiency, enthusiasm, and transparency.
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Criminal labor law
Areas of expertise
- Analysis of internal company procedures, identification of risk situations (health, safety, harassment, discrimination, undeclared work)
- Proposal of solutions to prevent the occurrence of offenses
- Compliance: drafting and/or adaptation of mandatory documents to ensure compliance with legislation and limit the employer’s criminal liability (regulations, internal procedures)
- on criminal labor law
- on best practices to avoid violations
- assistance for the company or employee during ITM inspections or criminal investigations, ensuring respect for all parties
- support for compliance with legal provisions
- in the event of an accident at work
- a complaint of harassment, or
- a report of any offense
- assistance at all stages of the procedure, investigations, hearings, police custody, indictment, criminal hearing
- Drafting of complaints or direct summonses for employees
- compliance with Luxembourg labor law, compliance with public policy provisions, prevention of criminal risk by alerting to specific offenses such as undeclared work, non-compliance with safety rules, etc.,
- assistance during ITM inspections,
- defense in the event of criminal proceedings
