Luxembourg
Registration procedures and residence permits
- As from 2008, work permits and residence permits for third country national workers have been merged into a single residence permit. Furthermore, such permits are limited to a particular sector of activity.
- All EU citizens and other persons enjoying the Community right of free movement have the right to enter national territory and to remain there for up to three months in order to find a job, if they hold a valid identity card or passport. If such citizens wish to stay for more than three months in Luxembourg, then they must: work as a wage-earner or self-employed person; or be enrolled at an approved public or private educational institution; or have sufficient resources so as not to be a burden on the social welfare system and have sickness insurance coverage. Furthermore, they must go to the administration communale [local authority offices] in the place where they live within three months of their arrival to fill in an arrival certificate.
- Nationals from non-EU countries who wish to stay in Luxembourg for up to three months must have a visa or a valid passport. They must fill in an arrival certificate at the administration communale [local authority offices] in the place where they live within three days of their arrival. For stays of more than three months, they must apply for a temporary residence permit as an employee or self-employed person, sportsperson, student, pupil, intern, researcher or family member from the immigration ministry before they arrive in Luxembourg, as this permit serves both as a residence and a work permit, replacing the typical work permit.
- Residence permits will be granted to employees provided that: it does not detract from the recruitment priority to which some workers are entitled; the activity in question must serve the country’s economic interests; the employee has the required technical skills; the vacancy for which the work contract has been signed has been declared at the ADEM [public employment service]. The minister may grant a waiver and issue a residence permit to a qualified third country national applying to work in a sector or profession for which there is a shortage of qualified applicants. When the job in question requires particularly highly skilled staff, third country nationals holding a higher education qualification or having worked for at least five years in a professional specialisation may be granted a ‘highly qualified worker’ residence permit under certain conditions. Residence permits will be granted more readily to applicants with a profile that is attractive to the country.
Kinds of employment
The first distinction to be made is between private sector and public sector jobs.
In the public sector, there are essentially three categories of staff: civil servants, State/local authority white-collar and State/local authority manual workers.
In the private sector, since 1 January 2009, no distinction is made between white-collar and manual workers in terms both of labour law and social security. There is simply a reference to the employee, regardless of the job performed.
Different forms of employment: 1. Temporary work: this represents about 3 % of employment at national level. Employees have a ‘contrat de mission’ [assignment contract] with the temporary employment agency under which they carry out a specific and non-permanent task for one or more ‘users’. 2. Telework: work that could be performed on the premises of the employer but that is habitually performed off-site (for example, in the worker's home). The agreement on the legal rules applicable to teleworking, signed on 21 February 2006 by the trade unions (OGBL and LCGB) and the Union des Entreprises Luxembourgeoises (Union of Luxembourgish Enterprises) was given generally binding force by the Grand-Ducal Regulation of 13 October 2006. 3. Full-time work: the statutory weekly working time is 40 hours per week in Luxembourg. 4. Part-time work: a part-time employee is an employee who has agreed with his/her employer to work a number of working hours that is less than is normal in that place of employment. Legal provisions protect part-time employees against discrimination (limits on overtime, etc.). 4. Apprenticeship is a system of block-release training organised by the Ministry of Education, Children and Youth together with the trade associations concerned. Apprenticeship contracts generally last for three years and concern a specified number of trades. 5. Self-employment: self-employed workers run their own business (in their own name) under the aegis of the ‘Chambre des Métiers’ [Chamber of Skilled Trades], the Chamber of Commerce or the Chamber of Agriculture or pursue a professional activity that is primarily intellectual and does not involve trade. They are affiliated as such to the ‘Centre Commun de la Sécurité Sociale’ [Joint Social Security Centre]. 6. Entertainment industry worker on short-term contracts: this covers artistes and stage or studio technicians who offer their services against payment or for fees on the basis of a fixed-term contract or contract for services. 7. Seasonal work: fixed-term contract to carry out work that cannot be carried out throughout the year. 8. Work by school children and students: two months a year during school holidays (for those under 27 years old). 8. Internship agreement: work to be carried out within the framework of an essentially educational traineeship as part of school education. 9. Fixed-term contract: work contract that specifies the end date of the employment relationship (under certain conditions).
Source: https://ec.europa.eu/eures/main.jsp?catId=8114&acro=living&lang=en&parentId=7754&countryId=LU&living=
Source: https://ec.europa.eu/eures/main.jsp?catId=8246&acro=living&lang=en&parentId=7787&countryId=LU&living=