The legal framework

puce_diversity_Day_Awards  IN LUXEMBOURG

 

The Constitution of the Grand Duchy of Luxembourg

The Constitution of the Grand Duchy of Luxembourg of 17 October 1868 must be respected by all other standards: laws, regulations, etc. As a consequence it is crucial in the internal legal order. The principle of equality is dedicated firstly in article 10 bis paragraph 1: "Luxembourgers are equal before the law."

The article 111 provides that "any foreigner found on the territory of the Grand Duchy enjoys the protection accorded to people and goods, subject to the exceptions established by law."

There is also a constitutional principle of equality between men and women, proclaimed in the article 11 paragraph 2 of the Constitution in the following terms: "men and women are equal in rights and duties. The State shall actively promote the removal of barriers that may exist in equality between women and men".

The law of 28 November 2006 on equal treatment

The law of 28 November 2006 transposes into Luxembourg law two European directives, namely:

  • a first relative to the implementation of the principle of equal treatment between persons irrespective local or no, membership, real or supposed, to a racial or ethnic origin (Directive 200043CE);
  • a second establishing a general framework for equal treatment in employment and occupation (Directive 200078CE).

Thus, this law amends the Luxembourg Labour Code and door introduction in book II of the Code of a new title V related to equal treatment in employment and occupation. It also modifies articles 454 and 455 of the penal Code on racial discrimination and the persons with Disabilities Act of 12 September 2003. The principle of prohibition of discrimination found in article A/AC.261/L.244-251-1 of the Labour Code which provides that "any direct or indirect discrimination based on religion or belief, disability, age, sexual orientation, membership or non-membership, real or supposed, to a race or ethnic group is prohibited".

Scope

In the field of labour and employment, the Labour Code States in article L. 251-2 that the Act applies to all workers whose labour relations are governed by the status of private employee, in relation to:

a) conditions for access to employment, self-employment and occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

b) access to all types and to all levels of vocational guidance, vocational training, retraining and development, including the acquisition of experience practice;

c) the employment and working conditions, including dismissal and remuneration conditions;

d) affiliation to, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.

The penal code

The Penal Code stipulates also the suppression of discrimination in articles 454 and seq.

According to article 454 of the Penal Code: "constitutes discrimination any distinction made between natural persons at the rate of their origin, colour of skin, gender, sexual orientation, marital status, of their age, their State of health, disability, of their manners, their political or philosophical opinions, their trade union activities, their belonging or not belonging, real or supposed, to an ethnic group, a nation, a race or a religion".

Also constitutes discrimination any distinction made between legal persons, groups or communities of people, for these same reasons, members or some members of these legal persons, groups or communities.

The criminal proceedings will be reserved for cases of serious or systematic, most of the time the disputes will be settled by the labour courts.

The Centre for equal treatment (CET)

The Centre for equal treatment (CET) was established by the law of 28 November 2006. This organisation carries out its duties with complete independence and aims to promote, analyse and monitor equality of treatment of all persons without discrimination based on race or ethnic origin, sex, sexual orientation, religion or belief, disability and age.

Equality of treatment between men and women

According to the section L. 241-1 of the Labour Code, as introduced by the law of May 13, 2008 on equality of treatment between men and women: "any discrimination based on sex, either directly or indirectly by reference, inter alia, marital or family status is prohibited".

In general, the prohibition of any discrimination based on sex, also called gender, is under the same rules as the other forms of discrimination. The definitions of the various types of discrimination are similar. The scope of the prohibition is the same.

Protection of pregnancy and maternity

It is important to note that section L. 241-4 of the Labour Code provides specific protection for women during pregnancy and maternity, since it provides that "the provisions relating to the protection of pregnancy and motherhood do not constitute discrimination, but a condition for the realization of equality of treatment between men and women”.

Source: "Prevention of discrimination within the company"

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