Under the Grand Ducal Regulation of 10 July 1974 providing equal pay for equal work between men and women, any contract, collective bargaining agreement, rule or regulation of a company providing for different level of remuneration for men and women, is void. The various elements that make up remuneration must be established according to identical standards for both men and women. The categories and criteria for classification and promotion and all other bases for calculating pay, particularly job evaluation systems, must be the same for male and female workers.
sources: §241-253 of Labour Code 2006, last amended in 2017; Grand-Ducal Regulation of 10 July 1974 relating to equal pay for men and women; Projet de loi No. 6892 ayant pour objet la mise en œuvre de certaines dispositions du Plan d’égalité des femmes et des hommes 2015-2018
Luxembourg Constitution guarantees equality in law to all Luxembourgers. This Constitutional guarantee is extended to all foreign nationals falling within the scope of Luxembourg law. The Constitution further provides that men and women have equal rights and duties. The State of Luxembourg actively promotes the removal of barriers that might exist in the field of equality between men and women.
Penal Code prohibits discrimination on the grounds of origin, sex, colour, sexual orientation, sex change, family status, age, state of health, disability, moral, political or philosophical opinions, trade union membership, actual or supposed membership of an ethnic group, race or particular region and non-membership of a group or community.
Labour Code prohibits any direct or indirect discrimination on the grounds of religion or belief, incapacity, age, sexual orientation, or actual or supposed (non) membership of an ethnic group or race. Direct and indirect discrimination on the grounds of sex is prohibited. Harassment and sexual harassment is considered discrimination on the grounds of sex and is thus prohibited. Discrimination on the ground of sex change is considered gender discrimination.
The provisions relating to protection of pregnancy and maternity do not constitute discrimination rather these are a condition for achieving equal treatment between men and women. The non-discrimination provisions are applicable to all workers and employer in relation to access for employment including selection criteria and recruitment conditions including promotion; access to all types and levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience; and employment and working conditions, including dismissals and pay conditions.
sources: §241-253 of Labour Code 2006, last amended in 2017; §454 of Penal Code 1879, last amended in 2016
Traitement équitable des femmes au travail
Women are free to choose the profession they like. No restrictive provisions could be located in the Law. Article 6 of the Constitution provides that "the freedom of commerce and industry, the exercise of liberal professions and of agricultural labour are guaranteed, save for the restrictions established by the law."
sources: §6 of the Constitution of Luxembourg 1868, last revised in 2009