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Can I contest a dismissal letter?

Of course! 

In case of a dismissal with immediate effect (for serious misconduct):

You have 3 months to contest the dismissal by sending a request (letter) to the tribunal, from the date you received such dismissal letter.

In case of dismissal with notice:

  • You have 1 month to request the reasons for the dismissal to the employer, from the date you received the dismissal letter. The employer has 1 month to reply, or else the dismissal will automatically be considered abusive by the tribunal.
  • You did not ask the reasons for dismissal to the employer? You have 3 months to contest the dismissal by sending a request to the tribunal, from the date you received the dismissal letter.
  • The employer did not provide the reasons for the dismissal or he did but after the 1-month delay? You have 3 months to contest the dismissal with a request to the tribunal, from the date the employer has/should have replied to you, so 1 month after you requested the dismissal reasons.
  • The employer provided the dismissal reasons within the 1-month delay? You can interrupt the 3-months delay to contest the dismissal to the tribunal, by contesting it directly to the employer, in a clear and non equivocal manner. In such situation, you then have 1 year to contest the dismissal by sending a request to the tribunal. 

In any case, it is strongly recommended that you actively look for a job as soon as you are dismissed, and above all that you keep proof of your search (emails, application letters, etc.).
This evidence will be very useful in justifying the amount of damages that you could claim before the labour court judge, due to the prejudice suffered as a result of the unfair dismissal (loss of income in particular).

 Contact me to assess the best options in your situation.

Does Luxembourg recognise foreign decisions?

Yes, provided that the procedures for recognition of foreign judgments are respected.

The procedure for recognising a foreign judgment differs according to the matter concerned (family, civil, etc.), or the State that issued the judgment (EU Member State or third country).

 

In certain situations, it is necessary to go through the exequatur procedure, which allows the Luxembourg court to recognise a foreign decision as if it emanates from a Luxembourg court itself.

For example, a Kafala deed, whether notarised or judicial, Moroccan or Algerian or from another third country, needs to be "exequaturated" to be enforced.

Likewise, a Lebanese notarial deed, recording the will of two ex-spouses to grant exclusive parental authority to the mother, must be "exequatured" in Luxembourg in order to have full effect with the administrative authorities.

 

On the other hand, a divorce pronounced by an Italian or a French court, or any other jurisdiction part of the European Union, does not need to be "exequatured", contrary to a divorce pronounced by an American court for example.

 

Contact me to discuss about your situation.

How can I divorce?

There are two types of divorce in Luxembourg.

1. Divorce by mutual consent (with or without a lawyer)

  • The parties must agree on everything: the children's main residence, the alimony (for the children and personal), visiting and accommodation rights, liquidation of the community (division of joint property), etc.
  • The support of a notary or a lawyer facilitates the drafting of the divorce agreement, which covers all the points mentioned above, as well as the drafting of the inventory of the goods.
  • The parties (or their lawyer) then file a petition (letter) with the Juge aux Affaires Familiales (the "JAF") of the district court of Luxembourg or Diekirch to request the divorce.
  • The JAF will summon the parties to appear before him/her to ensure that they are indeed willing to divorce, and will then grant the divorce.

2. Divorce for irretrievable breakdown of marital relations (with a lawyer)

  • The lawyer drafts a petition to the JAF requesting the divorce.
  • The parties are summoned to appear before the JAF, who will enquire of the respective requests of the parties relating to the divorce, as well as to the accessory measures: the main residence of the children, the alimony, the visiting and accommodation rights, and/or the liquidation of the community.
  • The parties may be summoned several times if they do not agree on their respective claims.
  • When the claims are complex, the JAF may ask each party to take position in writing.
  • In general, the JAF issues a first judgment which pronounces the divorce between the parties; then the debates continue until a final judgment is issued to settle the respective ancillary claims.

Let's discuss together about your situation.

How can I get legal aid?

You can benefit from the Luxembourgish legal aid in certain situations.

Click here to get more details and to check the conditions to be granted legal aid.

 

Every new case requires to apply for a new legal aid.

Get the form to apply to legal aid by clicking here.
 

How can I recover alimony arrears?

The procedure varies depending on whether the debtor lives in Luxembourg or abroad.

The debtor lives in Luxembourg?

There are several ways to recover the arrear such as the seizure of the debtor's salary or bank account(s), or to initiate a payment order procedure.

The debtor lives outside Luxembourg, in or outside the EU?

The State General Attorney of Luxembourg will follow-up with the concerned authorities of the debtor's place of residence.

Contact me for help!

How can I recover rent arrears?

By requesting the Justice de Paix to condemn the tenant who has not paid the rent.

  • Send a request (letter) to the Justice de Paix of the place of where the rented property is located (use the directory to find the competent Justice de Paix).
  • The judge will convoque all parties to expose their arguments.
  • Prior to the hearing, make sure to communicate to the other party all documents that you want to communicate to the judge.
  • In the same request, you can ask the judge for permission to terminate the contract and to evict the tenant.
  • The tenant has caused damage to the property? You can ask the judge to condemn him/her to reimburse you for the damages (by use of the rental guarantee for example).

 

Let's talk about your case.

What is your situation? How can I help you?
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