Dismissed in Luxembourg as a cross-border worker: what to do from France

A dismissal with notice need not state its reasons in the letter itself. It is up to the employee to request the reasons by registered letter within one month of notification. The employer then has one month to state them precisely; silence, or vague reasons, makes the dismissal unfair by operation of law and bars the employer from adding to them in court. This request must be drafted with care: it fixes the terms of the dispute. Meanwhile, gather the contract, payslips, appraisals and written exchanges, and sign nothing.

The three-month period under article L.124-11 is a matter of public policy: after it, the action is inadmissible whatever the employer's wrongs. A written claim sent to the employer before the period expires interrupts it and opens a new one-year period. The application is then filed with the registry of the competent Labour Court; the procedure is oral, without compulsory representation but with a heavy evidential burden, in French, German or Luxembourgish. The court may award damages for material loss (loss of salary until re-employment) and non-material loss.

Statutory notice depends on seniority: two months up to five years, four months from five to ten years, six months beyond. Severance pay is due from five years' seniority, except in cases of gross misconduct. The final settlement includes untaken leave and, where applicable, the pro-rata year-end bonus. Companies with at least 150 employees must hold a prior meeting. Certain periods protect against dismissal: duly notified incapacity for work (for 26 weeks), pregnancy and maternity leave, staff delegate mandate.

In the event of full unemployment, the cross-border worker registers with France Travail and is compensated under French rules, on the basis of Luxembourg salaries, Luxembourg reimbursing France for part of the benefits (Regulation 883/2004, article 65). They may additionally register with ADEM as a job-seeker to benefit from its support. The documents to obtain from the Luxembourg employer are the employment certificate, the payslips and portable document U1, which certifies periods of insurance. A delay in providing these documents delays compensation; it can be claimed from the employer.

Luxembourg employers frequently offer a termination by mutual agreement or a settlement with an indemnity. These acts are final and entail waiving any challenge. Before signing, quantify what an action before the Labour Court could yield and check the consequences for unemployment benefit: a termination by mutual agreement does not always give the same entitlement in France as a dismissal.