Extending the scope of a non-compete covenant under Luxembourg law

When faced with the termination of key employees, the issue of non-compete covenants quite often is placed on the agenda. In this regard, one of the most commonly asked questions is how the scope of such agreements can be tailored to encompass as large an area as possible. We introduce the relevant guidelines, as held in a recent Court of Appeal ruling. What was the…

Changing the landscape of Irish employment law – The Workplace Relations Act 2015

The Workplace Relations Act 2015 (“the Act”) came into effect on 1 October 2015 and is designed to dramatically reform the employment law landscape in Ireland. The objective of the Act is to deliver a world-class workplace relations service which is simple to use, independent, impartial and cost effective. New Structure The Act aims to simplify the complex employment dispute resolution system in Ireland. Up…

Impact of the Brussels Ibis Regulation on Employment Law

The so-called „Brussels Ibis Regulation“ has been in force for more than one year now and is still a relative unknown to many employers. We provide a brief overview on the background and impact of said regulation. What is the „Brussels Ibis Regulation“? The regulation (Regulation (EU) n°1215/2012 of 12 December 2012), applicable since 10 January 2015, pertains to the jurisdiction, recognition and enforcement of…

Luxemburg case law update

Consequences of reclassifying a CDD [fixed-term contract] as a CDI [permanent contract] In a ruling on 29 October 2015, the eighth chamber of the Labour Court of appeal judged that in a case of reclassification of a CDD [fixed term contract] as a CDI [permanent contract], the rupture of the working relationship resulting from the expiry of the CDD was attributable to the employer. For…