Legal news

New emergency aid for Luxembourg self-employed – 18 May 2020

Because of the current pandemic, on 6 May the Luxembourg gouvernement on the proposal of the Ministry for Small and Medium-Sized Enterprises took the decision to improve the support for self-employed individuals experiencing financial difficulties by setting up further non-repayable emergency assistance. The application form to benefit from this aid is available by clicking here. The aid is in the form of a one-time lump-sum allowance, and depending on the income bracket of the person concerned, the amounts granted are set at: EUR 3 000, EUR 3 500 or EUR 4 000. This assistance may be granted in addition to that granted ...
May 18th, 2020| Legal news
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Employers facing Coronavirus COVID-19 – Luxembourg – 14 May 2020

Saturday, 29 February 2020, the Luxembourg authorities confirmed the first patient in Luxembourg infected with COVID-19, or the Coronavirus. With this, the issue arises of the management of the risk of contagion in businesses in Luxembourg.Article L 312-4 of the Luxembourg Labor Code grants salaried employees the right of withdrawal (droit de retrait). However, an employee cannot unjustifiably refuse to carry out his/her duties. To benefit from the right of withdrawal, an employee must provide proof of a serious, immediate danger that cannot be avoided. Articles L 312-1 et seq. of the Luxembourg Labor Code impose on an employer a legal obligation to ensure the health ...
May 14th, 2020| Legal news
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Happy Halving BTC Day! – 12 May 2020

Halving is a key bitcoin (BTC) event. Want to know more? The creat of new bitcoins is predictable and transparent for all involved. In total, only 21 million bitcoins will ever be be issued, or 20 999 999,9769 BTC to be exact. Approximately every 10 minutes (the average time for the mining of a block), the "miners" are assigned new bitcoins which are issued by the Bitcoin network as a reward for their work in maintaining and keeping the network safe. Bitcoin rewards are divided by two every 210 000 blocks of transactions (approximately every four years given the time ...
May 12th, 2020| Legal news
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Consent and Cookies: The EDPB has adopted new guidelines on consent – 7 Mai 2020

The EDPB has adopted new guidelines on consent that directly concern actors in the digital market with respect to the use of cookies. In doing so the EDPB firmly reaffirms that: Scrolling on a page or navigating on an Internet site does not satisfy the requirement for a clear positive act and the consent thereby obtained would not be in compliance with RGPD requirements; and For consent to be freely given, the data subject must be able to refuse or withdraw his/her consent without suffering any prejudice. To that end, the fact that a user has an alternative option offered ...
May 7th, 2020| Legal news
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COVID-19: Towards legal suspension of professional and commercial rents in Luxembourg? – 6 May 2020

Bill No. 7551 on the suspension during the state of emergency of rents for commercial and professional leases and amending the Law of 4 December 1967 on income tax, as amended, was set before the Parliament on 6 April 2020. Key provisions: Suspension of the obligation to pay rent due, or to fall due, for commercial and professional leases; Suspension of a landlord’s right to terminate a lease due to the tenant’s non-performance of its payment obligation; In case of de non-payment of rents suspended during the state of emergency and at the latest by 30 June 2021, landlord’s right ...
May 6th, 2020| Legal news
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Progressive lifting of the confinement measures taken in the face of COVID-19 – 30 April 2020

Since 18 March 2020, the Grand Duchy of Luxembourg has been in a state of emergency, declared by the Grand-Ducal Regulation of that date, and extended by the Law of 24 mars 2020 for a duration of three (3) months. To combat COVID-19, the Government Council adopted by grand-ducal regulation several measures temporarily repealing certain existing legislative provisions. On 15 April 2020, the Government Council issued the guidelines aimed at putting into place a strategy of for the lifting of the confinement measures. Pursuant to Grand-Ducal Regulation of 20 April 2020, every one is required to wear a mouth and ...
April 30th, 2020| Legal news
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Summary table on labor law in the face of COVID-19 – 15 April 2020

The rights of salaried employees and employers change. The Luxembourg government established new exceptions via numerous grand-ducal regulations that impacted certain aspects of labor law such as family-related leave, social plan negotiation, trial periods, statutory annual leave, protection from dismissal, hiring of students, partial employment compensation rate, etc. Find out more about the measures that impacted labor law in the time of Coronavirus COVID-19 in the Grand Duchy of Luxembourg by downloading our summary table via the link below. ♦ Download the summary table on labor law in the face of COVID-19 ♦ Our  Employment and Social Security Law team is ...
April 15th, 2020| Legal news
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Update of COVID-19 Economic Stabilisation Programme – 11 April 2020

On 9 avril 2020 Luxembourg’s COVID-19 economic stabilization programme was updated to include all 36 measures (available in EN, FR and DE). Since the presentation of the initial version on 25 March 2020, the economic stabilization programme has been expanded to include 12 new measures, among which are an emergency indemnity for self-employed persons of EUR 2.500 as well as financial support to entreprises developing an investment or R&D project. Programme de stabilisation de l'économie - FR Economic Stabilisation Programme - EN Programm Zur Stabilisierung Der Wirtschaft - DE Useful links: Guichet.lu: Coronavirus: Procedures for self-employed persons Guichet.lu: Coronavirus: Procedures for ...
April 11th, 2020| Legal news
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Belgium pushes digital technology: recognition of digital power of attorney by videoconference for notarial deeds – 10 April 2020

In Belgium, it is no longer necessary to go to the notary’s office to sign a notarial deed thanks to digital power of attorney by means of video conferencing. A solution made possible through the collaboration between the Royal Federation of Belgian Notaries (Fédération Royale du Notariat belge or “FRNB”) and Koen Geens, Belgian Deputy Prime Minister, Minister of Justice and Minister of European Affairs.  Download the 10 April 2020 French-language press release from the website notaire.be here.
April 11th, 2020| Legal news
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The right to annual leave – 4 April 2020

The aim of annual paid leave is to ensure the protection of the safety and health of workers. In principle, leave is rest in exchange for work provided by the employee. However, does an employee in short-time working (chômage partiel) continue to accumulate days of leave? In certain cases of absence, the right to leave continues to exist and in other cases it does not. The current legislation does not provide more precision on this point. However, the Labor Inspectorate (Inspection du Travail et des Mines or ʺITMʺ) is of the opinion that salaried employees in the short-time working regime ...
April 4th, 2020| Legal news
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