Esofac Luxembourg puts out a regular Newsletter, the latest issues of which can be found below.

  • 07 April 2017 | 19:18

    “Supplementary pension scheme” bill

    The government recently tabled a bill in Parliament which would amend the law of 8 June 1999 relating to supplementary pension schemes with effect from 1 January 2018. This bill has three main aims:

    1. to widen the scope of application of the law to include the self-employed and liberal professions.

    2. to adopt certain provisions of the social chapter of the law dated 8 June 1999, in light of experience gained since its entry into force in 2000.

    3. finally, to adopt the fiscal framework of the law, following in particular the opening up of the second pillar to the self-employed.

  • 24 November 2016 | 14:43

    European Parliament adopts EU’s new “Pension Fund” Directive (in french)

    The European Parliament adopted, on 24 November, the new pension fund directive (or “Institutions for occupational retirement provision” (IORP) as they are known in European jargon). It strengthens the provisions of the 2003 directive, which it replaces, setting up new rules in particular to improve the management of pension funds and to clarify the information provided to beneficiaries of such schemes. On the other hand, it does not establish harmonised rules on solvency.

  • 04 June 2016 | 14:42

    Care insurance levy on employee contribution benefits (in french)

    As you know, a contribution is levied on benefits provided under a supplementary pension scheme in order to finance care insurance (current rate: 1.40%), provided that the beneficiaries are covered by Luxembourg’s care insurance, and more generally by Luxembourg’s sickness insurance system, of which it is part. If that is not the case, the care insurance levy does not apply, but these members may then be subject to withholding under their own sickness insurance system.

  • 08 September 2015 | 14:40

    Social dialogue and the views of employee representatives (in french)

    The new law of 23 July 2015 “reforming social dialogue in undertakings” aims to reform the social dialogue bodies that exist in Luxembourg companies. The idea is to modernise existing legislation on employee representation, which dates back to the 1970s.

  • 20 July 2015 | 14:38

    Automatic information exchange & business supplementary pension plans (in french)

    A 2011 European directive introduced the principle of mandatory information exchange for five specific categories of income and capital. The competent authority of a Member State is required to exchange systematically, and without prior request, information on persons residing in another Member State and related to taxable periods as from 1 January 2014. It must obviously only implement such information exchange in the areas where it holds such information.

  • 04 December 2011 | 14:27

    Particulars to be included in the employment contract (in french)

    If an employer provides a supplementary pension scheme, this must be mentioned in its employees’ employment contract. Such a mention is required as an element of working conditions. This obligation results from Article L. 121-4 (2) – point 13 of the Labour Code.

  • 04 September 2011 | 14:26

    Luxembourg case-law (in french)

    An employee was hired as a carpenter by company A. A few years later however, in 2005, he was recognised as a disabled worker due to chronic lower back pain. Company A’s manager informs the disabled workers’ service that it is impossible for the firm to carry out an internal reclassification for this employee, since the company’s only activity is roofing.