Factsheet for measure
LU-2023-35/3760
– measures in Luxembourg
Law on the free movement of person
La loi du 7 août 2023 sur la libre circulation des personne
Background information
To facilitate the integration of immigrant population, Luxembourg has passed a new law taking effect from September 1, 2023. One of the aims of this law is to simplify the hiring of third-country nationals.
Under the new provisions, family members of third-country nationals who hold a Luxembourg residence permit on the basis of family reunification are now authorized to work in Luxembourg as soon as they arrive. They therefore have free access to the job market. The measure applies to holders of a “family member” residence permit
Content of measure
The law of August 7, 2023 aims to simplify the hiring of third-country nationals. To this end, it amends the Labor Code and the amended laws of August 29, 2008 on the free movement of persons and December 18, 2015 on the reception of applicants for international protection and temporary protection. The law specifies the conditions for entering and leaving Luxembourg territory. The text reinforces entry conditions, in order to circumvent irregular entry and exit on the territory. This change goes hand in hand with a simplification of entry conditions and access to the labor market for legal residents. Temporary residence permits for family members and “family member” residence permits issued before September 1, 2023 will remain valid until their expiry date. Family members are therefore authorized to work in Luxembourg from September 1, 2023.
However, people holding a “private life” residence permit are not affected by this rule, and must continue to apply for a work permit.
The new law also increases penalties for employers who contravene the new rules, given that access to the labor market is easier for immigrants. The severity of the penalties is intended to reinforce the ban on the employment of illegal immigrants.
Use of measure
No data yet.
Target groups
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Workers
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Businesses
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Citizens
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Applies to all workers
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Applies to all businesses
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Does not apply to citizens
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Actors and funding
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Actors
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Funding
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National government
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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No involvement
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No involvement
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Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
-
No involvement
-
Main level of involvement: N/A
Involvement
The social partners are not involved in the drafting of legislation. They can express an opinion, but this does not have the effect of modifying the law.
Only the Chambers can give an opinion on draft legislation
Views and reactions
Association de soutien aux travailleurs immigrés (ASTI) regrets that the government waited until the end of the legislature to change the law, despite the fact that concrete proposals had been put forward for years by civil society organizations, notably ASTI and the Lëtzebuerger Flüchtlingsrot (LFR)
Sources
