Can you be dismissed for working overtime in Luxembourg?

A recent ruling by a Spanish court, which upheld the dismissal of an employee for consistently arriving at work well before the start of her shift, has raised the question of the limits of flexible working hours. Despite explicit instructions from management to the contrary, the woman regularly clocked in earlier than required. According to lawyer Jean-Jacques Schonckert, she was not contributing to the company during this time, yet subsequently demanded that these hours be recognised as working hours. The employer repeatedly pointed out that such behaviour was unacceptable and, amongst other things, posed a risk to the company’s security. Following a series of formal warnings, the employee was dismissed, and the court upheld this decision, citing systematic breaches of corporate guidelines and disruption to the workflow.

No similar precedents have yet been recorded in Luxembourg’s legal practice. Nevertheless, lawyer Jean-Jacques Schonckert explains that, should such a labour dispute arise, local judges will examine the specific circumstances in detail rather than automatically applying general rules. Key factors in reaching a decision will include the frequency of early arrivals, the existence of previous disciplinary measures and the deliberate disregard of management’s instructions.

Written warnings are crucial in such situations. If an employee continues to breach clear instructions after receiving formal warnings, this may constitute sufficient grounds for dismissal with notice or, in more serious cases, for immediate termination of the contract. If the dismissal is deemed to be justified, the employee loses the right to compensation. The crux of the matter lies not in the fact of arriving early, but in the failure to comply with the company’s internal rules, operational requirements and safety regulations.

However, the strict framework of an employment contract does not preclude flexible terms, provided that both parties have reached a mutual agreement. An employer is entitled to allow an employee to start and finish their shift earlier than the scheduled time, despite the hours specified in the contract. Transparent communication remains a key factor in organising work. As Schonckert emphasises, it is crucial to maintain an open dialogue in the workplace and to agree on schedules directly, avoiding unilateral decisions.