The Law of December 15 2016 modifying the Labour Code and Article 2 of the Modified Law of December 21 2007 on the Regulations for Funding Political Parties was published in Memorial A 264 on December 21 2016 and came into force on December 25 2016.(1)
The law was enacted in response to the 2013 government programme which stipulated that the "inequality of pay between women and men will be abolished by the power of the law". Previously, the general provisions relating to the principle of equal pay for equal work were governed by the Grand Ducal Regulation of July 10 1974.
The regulation has now been repealed and its provisions have been included in the Labour Code, a new chapter of which is dedicated to equal pay for men and women. Employers must ensure that they meet their obligation to pay men and women equally, taking into account the notion of 'equal work', as defined in the new Article L225-3. A breach of this obligation is a criminal offence under the new Article L225-5 and punishable by a fine of between €251 and €25,000, which may be doubled if the offence is recommitted within two years.
For further information on this topic please contact Guy Castegnaro or Ariane Claverie at Castegnaro by telephone (+352 26 86 82 1) or email (email@example.com or firstname.lastname@example.org). The Castegnaro website can be accessed at www.castegnaro.lu.
(1) Available here.
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