The legal landscape in Luxembourg has seen recent adjustment due to the enactment of a new law on August 7, 2023. Eminent law firm Allen & Overy previously reported, in their article about hiring third-country nationals in Luxembourg, that this legislation has implications for Luxembourg employers intending to hire a third-country national (TCN) — defined as a person who is neither a citizen of the European Union nor has entitlement to the European Union’s freedom of movement.
As detailed in their article, the law amends provisions that have been in place since 2008 related to the free movement of persons and immigration. The newly implemented “Law of 7 August 2023” brings changes that every Luxembourg employer needs to be aware of before they commence the hiring process involving a TCN.
The sum and substance of the law of 29 August 2008 permitted much flexibility regarding the employment of TCNs. However, with the current law reforms of August 7, 2023, this is no longer the case and warrants due understanding and resulting action from Luxembourg-based businesses.
Considering potential complexities, it is recommended for businesses to consult legal counsel experienced with Luxembourg laws and EU immigration regulations. The legal landscape is seen to be continually evolving, and understanding and compliance with these changing laws are crucial for smooth ongoing business operations.
In summary, the new law implemented on August 7, 2023, in Luxembourg impacts the hiring of third-country nationals by employers based in the country. As such, adequate understanding and resulting legal adjustments should be considered by organizations to ensure compliance.