Reclassification compensation: a legal headache

By Camille Frati, Lex Kleren Switch to French for original article

The reclassification compensation mechanism is indeed discriminatory according to the Constitutional Court, which nevertheless did not rule in favour of the employee whose case it was hearing. A judgement that stunned the legal world while leaving many questions unanswered.

Miroslav (name changed by the editors) was 22 when he fled his native former Yugoslavia to settle in Luxembourg. Trained as a lawyer, he was introduced by his cousin to the company that employed him in Dudelange. He spent his entire career there as a gardener, taking on more and more responsibilities as time went by, until his body could take it no more. "It's nevertheless quite a physically demanding job, there are many things to carry, you have to remain bent over", explains Nathalie Boron, a full lawyer at the Court who has been defending him for over two years. "His body was broken, worn out by the work."

 

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