Purpose and duration
The temporary supply of manpower is a measure to maintain employment, allowing an employer to temporarily make their employees available to other employers for a duration determined by the employer.
The assignment of manpower is an occasional and temporary measure.
The company of origin may not habitually be in the business of supplying manpower. A company that exclusively aims to lend manpower for profit must adhere to the procedures imposed by legal provisions related to temporary work. Regular non-profit supply of manpower is only permitted for certain non-profit associations or socially oriented institutions.
Beneficiaries
The temporary supply of manpower can be used in cases of:
- Threat of dismissal or underemployment;
- Execution of occasional work in the same industry, where the host company is unable to respond with the hiring of permanent staff;
- Restructuring within a group of companies (corporate group);
- Within the framework of job protection plan.
Apart from these cases, the Minister of Labour may exceptionally authorise an employer, for a period that he determines, to make his employees available to other employers, provided that such availability is covered by an agreement between social partners in the framework of a collective agreement.
Application
If the duration of the temporary assignment of an individual employee does not exceed eight weeks, whether successive or not, during a reference period of six months, a simple prior notification, on the basis of this form, must be sent to the Employment Agency (ADEM).
If the duration of the temporary assignment of an individual employee exceeds eight weeks, whether successive or not, during a reference period of six months, a reasoned request must be submitted to the Ministry of Labour, on plain paper.
The Minister will decide on the request on the advice of ADEM.
The request must be submitted jointly by the employees' home company and the user company, accompanied, on the risk of inadmissibility, by the opinion of the staff delegations of both companies.
In the absence of a staff delegation, the opinion of the employees concerned by the temporary assignment must be included with the request.
Additional information
The rules regarding the supply of manpower do not apply as part of its normal and permanent activities.
Employees made available have access to the facilities of the host company under the same conditions as the permanent employees of that company, including catering facilities and means of transportation. During the duration of the supply of manpower, responsibilities are shared.
- The host company is solely responsible for:
- Compliance with safety, hygiene, and health conditions at work;
- The application of legal, regulatory, administrative, and contractual provisions regarding working conditions and the protection of employees in the exercise of their profession.
- The source company is solely responsible for:
- The remuneration of the employee subject to temporary supply of manpower;
- The associated social and fiscal charges.
The provisions regarding temporary supply of manpower do not apply in the case of the assignment of employees working abroad. Luxembourg labour law applies to the temporary supply of manpower for employees made available to a host company conducting its activities in the Luxembourg territory.