Labour law is evolving towards greater transparency, particularly with regard to contracts and equal pay for men and women. At the same time, complaints of moral harassment are on the increase, forcing companies to adapt their practices and step up their support for employees.
What are the major trends in employment law at the moment, and what can we expect in the future?
Firstly, and once again, legislation is moving towards greater transparency in employment relations. In addition to the law of 24 July 2024, which imposed new obligations on employers (such as additional compulsory information in employment contracts, tighter control over exclusivity clauses, and above all, the right for employees on fixed-term or part-time contracts [with at least six months’ seniority] to apply for a permanent or full-time contract), an important step is awaiting us with the transposition, by June 2026, of European Directive 2023/970 on pay transparency.
It aims to reduce the pay gap between women and men, a major issue for employers in Luxembourg. Behind the apparent equality, or even a slight advantage for women in terms of average hourly pay (-0.7%), there is in fact a major disparity in favour of men in terms of annual pay (+4.5%) and the highest salaries (+27%) (STATEC study for 2022).
On a completely different subject, we are seeing a marked increase in requests for assistance related to complaints of psychological harassment. This is not a new problem, but it has increased significantly since 2023 (116 complaints in 2023 and 141 in 2024 according to ITM reports).
How do you support your customers in the face of these changes?
Our strength lies in the diversity of our expertise and experience within the team. We are able to advise companies on the full range of employment law issues, including contractual relations with senior executives, cross-border mobility – often a complex issue within international groups – the introduction of profit-sharing schemes, and termination of contracts (redundancies or negotiation of redundancy schemes).
On a day-to-day basis, we work closely with the firm’s other departments, such as Tax and Corporate – M&A, which enables us to take a global view of a problem and tailor it to our clients’ needs. Excellence, approachability and teamwork are at the heart of our values. Our aim is to create lasting, trusting relationships with our customers.
You returned to Molitor Avocats à la Cour in 2017 to head up the employment law practice. What motivated you to do this?
I first joined the firm in 2004 as a trainee lawyer, and went on to spend five outstanding years there. What particularly touched me was the way I was trusted from the outset, in a very human environment. The demand for quality is never at the expense of its values: integrity, trust and teamwork. I share these values deeply.
So it was quite natural that I chose to return in 2017 to take charge of the employment law department. Even today, it is this balance between technical excellence and human values that sets us apart from the rest of our approach.