New Legislation On Moral Harassment At Work

The law amending the Labour Code to implement a new regime for protection against moral harassment at work has been published on 5 April 2023 and will enter into force on 9 April 2023 ("the Law").

Until now, Luxembourg did not have a legal framework on moral harassment. The only existing mechanism was the Convention of 25 June 2009 on harassment and violence at work, signed between the trade unions, OGB-L, LCGB and the Luxembourg employer's association ("UEL") transposing the autonomous European framework agreement, declared to be of general obligation by the Grand-Ducal regulation of 15 December 2009 ("2009 Convention").

In a press release of 27 February 2023, the UEL denounced the absence of social dialogue and asked for the withdrawal of the Bill n° 7864. Moreover, it claimed that the government had ignored the 2009 Convention and that the existence of two separate regimes represented a legal risk for employers.