Guy Castegnaro
Europe Guide 2024
Eminent Practitioners : Employment
Email address
[email protected]Contact number
+352 26 86 82 1Share profile
Eminent Practitioners
About
Provided by Guy Castegnaro
Practice Areas
Employment law in all its aspects, especially issues related to restructuring, collective dismissals and staff representatives.
Career
Founder and Managing Partner of CASTEGNARO - Ius Laboris Luxembourg, a well-known employment law niche firm in Luxembourg and founding member of the international alliance Ius Laboris, Global Human Resources Lawyers.
Guy was chairman of the E.E.L.A (European Employment Lawyers Association) from 2011 till 2015.
He is teaching Luxembourg labour and social security law at the University of Luxembourg as well as Luxembourg employment law in the framework of the "Cours Complémentaires en Droit Luxembourgeois" for the future Luxembourg lawyers. Guy also teaches Luxembourg labour law at the University of Lorraine in France.
Professional Memberships
IUS LABORIS, an alliance of leading Human Resources law practitioners, Founding member - E.E.L.A. (European Employment Lawyers Association), Member - I.B.A. (Intentional Bar Office) - Member
Publications
Relations collectives de travail au Luxembourg (Legitech, 2015) - Le droit de grève au Luxembourg (Legitech, 2010) - Code du travail annoté (Legitech, 2010 - 2021) - Monthly contribution on the latest employment law issues in AGEFI – Author of articles published in a database on Luxembourg employment law and case law, Lexnow - Guy Castegnaro participated in the establishment of the Luxembourg Labour Code.
Articles, highlights and press releases
24 items provided by Castegnaro
A few legal thoughts on the practice of "name & shame"
This article discusses the growing trend of employees denouncing their employers on social media, particularly on Instagram accounts like "Balance ta start-up" in Luxembourg.
Towards a revolution in the world of work?
A proposal for a European directive aims to correctly determine the professional status of people working via digital platforms.
Absence of a pre-recruitment medical examination: what are the risks for the employer?
Absence of a pre-recruitment medical examination: what are the risks for the employer?
Towards the end of moral harassment in the workplace?
The bill introducing protection against moral harassment in the workplace was passed on March 9.
Flexibilisation of working time: does too much law kill the law?
The political parties likely to form the next government seem to prefer flexibility to a reduction in working time.
Towards a further strengthening of the principle of equal pay for men and women
A new European directive aims to strengthen the application of the principle of equal pay for men and women for equal work or work of equal value.
Protection of whistleblowers in Luxembourg: the new rules of the game
On 2 May 2023, the Chamber of Deputies passed the bill transposing the directive of 23 October 2019 on the protection of whistleblowers.
ChatGPT at work_use and risks in the workplace
The use of artificial intelligence by employers and employees: now common practice in (almost) all companies.
Quo vadis right to disconnect?
Will there soon be a real right to disconnect in Luxembourg?
COVID-19: new post-crisis employment law provisions
On 25 June 2020 the Law of 20 June 2020 was published in Memorial A 538, introducing: • a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19; and • modifications to the Labour Code.
When is overtime triggered for part-time employees
Under the Labour Code, part-time employees may exceed the daily and weekly work limits set out in their employment contracts without necessarily qualifying to receive overtime.
New rules regarding salary payments in event of illness
The Law of 8 April 2018 modifying various provisions of the Labour Code came into force on 15 April 2018.(1) Among other provisions, the law has modified Article L121-6(3) of the Labour code, which concerns salary payments in the event of illness.
New bill on social elections: making certain processes paperless
Bill 7290, submitted to the Chamber of Deputies on 23 April 2018, aims to modify several articles of the Labour Code which concern social elections in order to make certain administrative processes paperless in the context of social dialogue. The planned new provisions would therefore apply to the n
Disciplinary penalties: what to watch out for
Disciplinary transfer or application of mobility clause? Penalty notification period provided for in internal regulation: foreclosure or recommendation? Justified or abusive penalty?
Free movement of workers: new provisions on equal treatment and minimum pay for highly qualified wor
Equal treatment The Law of November 7 2017, which came into force on January 1 2018, partially transposed EU Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers into Luxembourg law.
New bill recommends creation of Centre for Health, Safety and Quality of Life at Work in the Civil S
The minister for the civil service and administrative reform submitted Bill 7183 to the Chamber of Deputies on September 8 2017.(1) The bill recommends the creation of the Centre for Health, Safety and Quality of Life at Work in the Civil Service, which reflects the commitment that the government an
New system introduced to combat long-term unemployment
The Law of July 20 2017, which modified the Labour Code by introducing a new system to combat long-term unemployment, was published in the Mémorial on August 1 2017 and came into force on August 5 2017 (for further details please see "New bill introduced to combat long-term unemployment").
Bill introducing 'time savings account' for civil service officials submitted
On August 21 2017 the Ministry of the Civil Service and Administrative Reform submitted Bill 7171, which: • defines the terms and conditions of so-called 'time savings accounts' for civil service officials; and • modifies the amended law of April 16 1979, which defines the general status of civil se
New obligations regarding record keeping and business contracts and subcontracts
Following the recent entry into force of the law of March 14 2017 relating to the secondment of employees, a number of additional legislative changes have been made (for further details please see "New law concerning posting of employees").(1)
New law concerning posting of employees
The law of March 14 2017 – which amended the Labour Code and Article 3 of the Law of June 17 1994 laying down measures to safeguard employment, price stability and business competitiveness – entered into force on March 24 2017.(1)
New obligations regarding record keeping and business contracts and subcontracts
Following the recent entry into force of the law of March 14 2017 relating to the secondment of employees, a number of additional legislative changes have been made (for further details please see "New law concerning posting of employees").(1)
Court rules on validity conditions of disciplinary penalties provided for by collective bargaining a
In a March 30 2017 judgment the Court of Appeal clarified the validity conditions of disciplinary penalties provided for by collective bargaining agreements
New bill introduced to combat long-term unemployment
On June 9 2017 the minister of labour, employment and the social economy submitted to the Chamber of Deputies Bill 7149, which modifies the Labour Code by introducing a new provision to combat long-term unemployment.
Court rules that employee is not senior executive and is therefore entitled to overtime
On December 15 2016 the Court of Appeal ruled on the classification of senior executives and the right to claim overtime.(1)
A few legal thoughts on the practice of "name & shame"
This article discusses the growing trend of employees denouncing their employers on social media, particularly on Instagram accounts like "Balance ta start-up" in Luxembourg.
Towards a revolution in the world of work?
A proposal for a European directive aims to correctly determine the professional status of people working via digital platforms.
Absence of a pre-recruitment medical examination: what are the risks for the employer?
Absence of a pre-recruitment medical examination: what are the risks for the employer?
Towards the end of moral harassment in the workplace?
The bill introducing protection against moral harassment in the workplace was passed on March 9.
Flexibilisation of working time: does too much law kill the law?
The political parties likely to form the next government seem to prefer flexibility to a reduction in working time.
Towards a further strengthening of the principle of equal pay for men and women
A new European directive aims to strengthen the application of the principle of equal pay for men and women for equal work or work of equal value.
Protection of whistleblowers in Luxembourg: the new rules of the game
On 2 May 2023, the Chamber of Deputies passed the bill transposing the directive of 23 October 2019 on the protection of whistleblowers.
ChatGPT at work_use and risks in the workplace
The use of artificial intelligence by employers and employees: now common practice in (almost) all companies.
Quo vadis right to disconnect?
Will there soon be a real right to disconnect in Luxembourg?
COVID-19: new post-crisis employment law provisions
On 25 June 2020 the Law of 20 June 2020 was published in Memorial A 538, introducing: • a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19; and • modifications to the Labour Code.
When is overtime triggered for part-time employees
Under the Labour Code, part-time employees may exceed the daily and weekly work limits set out in their employment contracts without necessarily qualifying to receive overtime.
New rules regarding salary payments in event of illness
The Law of 8 April 2018 modifying various provisions of the Labour Code came into force on 15 April 2018.(1) Among other provisions, the law has modified Article L121-6(3) of the Labour code, which concerns salary payments in the event of illness.
New bill on social elections: making certain processes paperless
Bill 7290, submitted to the Chamber of Deputies on 23 April 2018, aims to modify several articles of the Labour Code which concern social elections in order to make certain administrative processes paperless in the context of social dialogue. The planned new provisions would therefore apply to the n
Disciplinary penalties: what to watch out for
Disciplinary transfer or application of mobility clause? Penalty notification period provided for in internal regulation: foreclosure or recommendation? Justified or abusive penalty?
Free movement of workers: new provisions on equal treatment and minimum pay for highly qualified wor
Equal treatment The Law of November 7 2017, which came into force on January 1 2018, partially transposed EU Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers into Luxembourg law.
New bill recommends creation of Centre for Health, Safety and Quality of Life at Work in the Civil S
The minister for the civil service and administrative reform submitted Bill 7183 to the Chamber of Deputies on September 8 2017.(1) The bill recommends the creation of the Centre for Health, Safety and Quality of Life at Work in the Civil Service, which reflects the commitment that the government an
New system introduced to combat long-term unemployment
The Law of July 20 2017, which modified the Labour Code by introducing a new system to combat long-term unemployment, was published in the Mémorial on August 1 2017 and came into force on August 5 2017 (for further details please see "New bill introduced to combat long-term unemployment").
Bill introducing 'time savings account' for civil service officials submitted
On August 21 2017 the Ministry of the Civil Service and Administrative Reform submitted Bill 7171, which: • defines the terms and conditions of so-called 'time savings accounts' for civil service officials; and • modifies the amended law of April 16 1979, which defines the general status of civil se
New obligations regarding record keeping and business contracts and subcontracts
Following the recent entry into force of the law of March 14 2017 relating to the secondment of employees, a number of additional legislative changes have been made (for further details please see "New law concerning posting of employees").(1)
New law concerning posting of employees
The law of March 14 2017 – which amended the Labour Code and Article 3 of the Law of June 17 1994 laying down measures to safeguard employment, price stability and business competitiveness – entered into force on March 24 2017.(1)
New obligations regarding record keeping and business contracts and subcontracts
Following the recent entry into force of the law of March 14 2017 relating to the secondment of employees, a number of additional legislative changes have been made (for further details please see "New law concerning posting of employees").(1)
Court rules on validity conditions of disciplinary penalties provided for by collective bargaining a
In a March 30 2017 judgment the Court of Appeal clarified the validity conditions of disciplinary penalties provided for by collective bargaining agreements
New bill introduced to combat long-term unemployment
On June 9 2017 the minister of labour, employment and the social economy submitted to the Chamber of Deputies Bill 7149, which modifies the Labour Code by introducing a new provision to combat long-term unemployment.
Court rules that employee is not senior executive and is therefore entitled to overtime
On December 15 2016 the Court of Appeal ruled on the classification of senior executives and the right to claim overtime.(1)
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