How to Write a Resignation Letter in Luxembourg

Resignation: basic points to consider

All employees have the right to resign, however, certain formalities must be complied with. The two most important ones to bear in mind are the obligation to comply with a notice period and the requirement to express the desire to resign by means of a formal letter of resignation.

In addition, it should be borne in mind that a fixed-term job can only be resigned during the probationary period. After this period has elapsed, resignation can only be made in the event of serious misconduct on the part of the employer or by mutual agreement with the employer, in which case the agreement must be in writing in a document drawn up in duplicate and signed by both parties. Apart from these cases, termination of a fixed-term contract before its expiration may entail the payment of damages.

The notice period in Luxembourg

The first of the elements an employee must consider when resigning is the notice period in Luxembourg. If the employee is still in the probationary period, the length of the notice period will depend on the duration of this period. If, on the other hand, this period has already ended, the length of the notice period will depend on the length of service in the company.

Notice period during the probationary period

In this case, the length of the notice period depends on the length of the probationary period as shown below with the notice period starting on the day following the resignation notice.

3 weeks: 3 days
4 weeks: 4 days
2 months: 15 days
3 months: 15 days
4 months: 16 days
5 months: 20 days
6 months: 24 days
7 months: 28 days
8-12 months: 1 month

In addition, several points must be taken into account:

You cannot resign during the first 15 days of the probationary period except in case of gross misconduct on the part of the employer.
In Luxembourg the notice period must begin during the probationary period and end no later than the last day of the probationary period. Otherwise, the employment contract will be reclassified as a permanent contract and the employee must follow the rules applicable to the termination of a permanent contract.
A woman who decides to raise her child after maternity leave can send a letter of resignation after her maternity leave and refrain from returning to work without having to respect any notice period. That said, it is important to emphasize that the reason must be the child's upbringing, this does not apply to women who wish to change companies at the end of their maternity leave.

Notice period after the probationary period

After the probationary period, the length of the notice period depends on the employee's length of service in the company:

Less than 5 years: 1 month
Between 5 and 9 years: 2 months
More than 10 years: 3 months

If the letter of resignation is sent before the 15th of the month, the notice period begins on this day, otherwise, it begins on the 1st of the following month.

Reducing the notice period

Although the length of the notice period is regulated by law, it is possible to reduce this period if an agreement is reached with the employer or if the employer takes the initiative. Depending on the case, the consequences are different:

Request for reduction of the notice period: an employee may request in his resignation letter to terminate his employment earlier than the legal notice period allows, if the employer accepts, the contract is terminated by mutual agreement of the parties. In this case the employee will continue to work and will be remunerated until the date on which his or her resignation is agreed.
Dispensation of notice by the employer: the employer may take the initiative to grant the employee who has expressed his intention to resign a dispensation from work. In this case, the employee is released from his obligation to attend work and continues to receive his salary during the notice period.

However, if the employee starts working for another company while his notice period is still in effect, his former company will stop paying his salary. Unless his new salary is lower than the new salary, in which case the former employer must pay him the difference between the old salary and the new salary.

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The resignation letter in Luxembourg

It is possible to deliver a resignation letter in two ways, the first option is to send it by registered mail and the second one is to deliver it in the employer's hand. If the second option is chosen, the employer must sign a duplicate of the letter as an acknowledgment of receipt. It is important to note that once the resignation is notified, it is irrevocable unless the employer accepts a possible withdrawal.

Below we will outline the essential elements that should be included in a resignation letter in Luxembourg as well as an example that can serve as a basis for drafting one.

Essential elements in a resignation letter and practical tips

In a resignation letter in Luxembourg there should be some basic elements that should not be omitted:

Name and address of the person resigning.
Date and place where the letter is presented or sent.
Passport, valid for at least 3 months after the expiration date of the requested visa. With at least two blank pages.
Complete address of the company.
The fact that you wish to resign with notice.
Duration of the notice period.
Date on which the notice period begins to run.
Signature of the person resigning.

In addition, it is important to take into account the following recommendations:

Justifications: it is not necessary to justify the resignation or mention unnecessary details such as future plans.
Professional tone: it is important to maintain respectful and courteous language, regardless of the reasons for leaving the job, avoiding negative criticism or derogatory comments about the company, colleagues or superiors.
Offer cooperation during the transition: it is possible to express willingness to help during the notice period in tasks such as training a successor.
Thank you messages: it is a good idea to express gratitude for the opportunities and experiences gained during your time at the company. This leaves a good impression and helps maintain a positive relationship.
Be clear and concise: the letter should not be too long, just limit yourself to the essentials: the reason for the letter, the last day of work and any brief additional messages.
Proofread the document before sending: it is good to make sure that the letter has no spelling or grammatical errors and to confirm that all information is correct including the date and the recipient.

Example of resignation letter in Luxembourg

Below is a template for a resignation letter in Luxembourg, this template can be taken as such or adapted according to your preferences. The first paragraph is essential as it indicates the desire to resign and mentions the notice period, the following ones are optional and could be deleted without any problem.

Full Name
Address

Recipient’s Name
Recipient’s Position
Company Name
Company Address

Place, date

Dear [Recipient’s Name or Mr./Ms. Last Name],

I am writing to formally submit my resignation from my position as [position] at [company name], effective as of [last working day], respecting the notice period] of [...] days/month which starts on [start of the notice period].

I want to express my gratitude for the opportunities and support I have received during my time at the company. I have gained valuable experiences and skills that I will carry forward in my professional journey.

During the notice period, I am committed to ensuring a smooth handover of my responsibilities. I am happy to assist with pending tasks and the training of my successor to facilitate a seamless transition.

Thank you once again, and I wish [Company Name] continued success in the future.

Sincerely,
[Signature][Full Name]

FAQ

Can a resignation letter be sent via email in Luxembourg?

No, according to Luxembourg labor law, a resignation letter must be sent either by registered mail or delivered in person to the employer. If delivered in person, the employer must sign a duplicate of the letter as an acknowledgment of receipt. These methods ensure legal proof of submission and receipt, which email cannot provide.

What happens if I don’t respect the notice period?

Failing to respect the legally or contractually required notice period in Luxembourg can lead to significant consequences. Employers may claim compensation for damages caused by your premature departure. Additionally, disregarding the notice period could harm your professional reputation and future references.

Can I withdraw my resignation after submitting the letter?

Once a resignation letter has been submitted formally (via registered mail or hand delivery with acknowledgment of receipt), it is generally considered binding under Luxembourg law. Retracting a resignation is possible only if the employer agrees to cancel the resignation. This is not guaranteed and should be discussed as soon as possible if circumstances change.

Is it necessary to state the reason for resignation in the letter?

No, it is not required to state the reason for your resignation in the letter. Employees in Luxembourg have the right to resign without providing an explanation. However, if you wish, you may include a reason for leaving as a courtesy or to maintain a positive relationship with your employer.

Is it possible to negotiate the notice period with my employer?

Yes, the notice period can be negotiated if both parties agree. For instance, the employer may allow you to leave earlier than stipulated in your contract or waive the notice period entirely. Any agreement regarding the notice period should be documented in writing.

Resignation letter in Luxembourg