Individual employment law:
Traditional labour law consists of the laws governing individual labour relations. The firm naturally deals with all traditional aspects of labour law: individual dismissals, company work rules, organization of working hours, safety at work, temporary work, cross-border employment and international secondment, wages and related aspects (tax law, stock options, compensation and benefits, etc)...
Collective employment law:
The firm helps its clients in matters of collective labour law. It advises on the rules governing the operation of the employee representative bodies within the undertaking, staff delegations, works councils and the European Works Council. The firm also offers advice and assistance in negotiating and drafting company-level collective bargaining agreements. It similarly protects its clients' interests in legal proceedings arising from employee representative elections.
The firm also offers its clients advice on and assistance with collective or individual negotiations in connection with restructuring (collective dismissals, business closures), transfers of undertaking as a result of mergers, demergers or acquisitions, and outsourcing.
European employment law:
The firm monitors and takes into account the activities of the European Commission, the decisions of the European Court of Justice and the European Court of Human Rights.
Compensation and Benefits
Our firm includes a department specializing in all tax matters related to HR. In this regard, we assist our clients in areas as varied as:
- choice of professional status (employee, corporate executive, self-employed worker, management company);
- the granting of all kinds of benefits and the reimbursement of expenses;
- the setting up of variable compensation schemes, including schemes based on shares such as stock options, granting of shares...;
- end of career schemes (resignation, redundancies, pre-pension, early retirement pension, etc);
CASTEGNARO finally handles an important range of contentious matters, including employment, social security and commercial litigation.
Social security law
CASTEGNARO assists its clients in matters regarding old-age and invalidity pensions, incapacity for work (internal and external regrading…) as well as in all aspects linked to employee’s health (control doctor, sickness benefit…), etc.
The firm also advises and represents its clients in contentious procedures before the social security courts (“Conseil arbitral de la sécurité sociale“ and “Conseil supérieur de la sécurité sociale”) as wells as in non-contentious matters regarding social security.
The firm has an important experience in establishing due diligences.
Our firm has in-depth knowledge of all legal aspects of supplementary pensions. This guarantees a multidisciplinary, thorough approach to all questions related to these matters.
We can therefore advise our clients on the following matters:
- creation of pension plans an drafting amendments to pension plans;
- transition from a "defined benefit" to a "defined contribution";
- organising flexibility in the pension plan;
- tax aspects of a pension plan (deductibility of employers' contributions, taxation of benefits, etc);
- obligations under the pension plan on termination of a member's employment contract;
- obligations to provide information to and to consult with the employees and their representatives;
- all aspects of the pension plan and international employment situations (secondment, salary split, transfers, etc);
- the impact of mergers, takeovers, closures or collective dismissals on your pension plan; harmonisation;
Employee's data protection
The firm regularly assists its institutional clientele in their efforts to comply with the Luxembourg regulations regarding data protection.The firm regularly assists its institutional clientele in their efforts to comply with the Luxembourg regulations regarding data protection.
Immigration / Secondment
CASTEGNARO-Ius Laboris Luxembourg helps and represents employers in issues relating to immigration including:
- temporary and permanent residence permits (rights and conditions of entry and residence for European Union citizens, citizens of other countries, and members of their families);
- work permits (highly qualified, intra-corporate transferees (“ICT” and “mobile ICT” permits), seconded, seasonal, self-employed and sport-related workers, students, interns, jobseekers, investors, etc.);
- visa applications (long and short stays).
We also help and represent our clients with issues relating to sending employees on secondments, including in particular:
- the procedure for declaring a secondment to Luxembourg and securing the social identification badge (“badge social”);
- the obligations of foreign companies sending employees on secondment to Luxembourg and of Luxembourg companies sending employees on secondment to other countries;
- the obligations of host countries (including in particular in Luxembourg: obligations relating to checking with the company arranging the secondment, including if there is a subcontracting chain, obligations for providing information and collaborating with the ITM);
- litigation rules relating to secondment, the penalties applied and their implementation across borders.