On Tuesday 29 July 2025, Luxembourg's Chamber of Employees (Chambre des Salariés - CSL) unveiled a new analysis highlighting a selection of recent case law from both Luxembourg and the European level.
The latest edition of the CSL’s Flash sur le droit social newsletter outlines recent case law concerning labour relations in Luxembourg and at the European level. Among the rulings examined is a decision clarifying that authorisation for secondary professional activity, when granted eleven years after the start of an employment contract, “cannot be considered an essential contractual clause”.
Another case focused on territorial jurisdiction, with the court reaffirming that the competent labour tribunal is determined by the location where work is performed. In the case of an employee working as a delivery driver across the entire country, occasional presence at the employer's headquarters was deemed insufficient to establish it as the primary workplace.
The CSL also cited a judgment related to on-call rest and dismissal with notice. The court found that, in the absence of clear guidelines, taking rest outside a designated post did not amount to misconduct. As a result, the court found the dismissal “abusive”.
Other topics covered include the employer’s burden of proof in cases of alleged unjustified absence and a European-level decision confirming that collective agreements “cannot override GDPR requirements” regarding the processing of employee data.
This selection of rulings provides insight into how courts are interpreting key issues in employment law, particularly in the context of working conditions, employee rights and data protection.
The full version of the CSL newsletter (Flash sur le droit social, in French) is available at: https://www.csl.lu/app/uploads/2025/07/infosjuridiques-7-2025.pdf.
