European Employment Law Cases

Case Reports

2017/39 The principle of legality applies to disciplinary sanctions (LU)

Keywords Collective labour law
Authors Michel Molitor
Author's information

Michel Molitor
Michel Molitor is a partner with MOLITOR Avocats à la Cour in Luxembourg, www.molitorlegal.lu.
  • Abstract

      The Court of Appeal held that disciplinary sanctions are subject to the general principles of criminal law and therefore must respect the principle of legality. Consequently, the wording of any collective agreement that is used as the legal basis of a sanction must be sufficiently clear and precise to enable the employee to understand the consequences of his or her misconduct.

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