The European Commission has requested Luxembourg to review its legislation to protect employees against abusive renewals of fixed-term contracts in order to fully comply with the requirements of the Directive on fixed-term work.
Teaching and research staff at the University of Luxembourg as well as staff in the entertainment sector are excluded from the scope of Luxembourg's current legislation, leaving them with no protection against such abusive practices.
The Directive requires Member States to ensure that when an employer makes permanent vacancies available, fixed-term staff must be informed. The relevant rules in Luxembourg only provide for indirect communication through the works council, and there is no provision for informing fixed-term staff directly. This problem is particularly acute in small undertakings, where no works council exists.
The request takes the form of a 'reasoned opinion' under EU infringement procedures. Luxembourg now has two months to notify the Commission of the measures taken to fully implement the Directive. Otherwise, the Commission may decide to refer Luxembourg to the EU's Court of Justice.