The OGBL is set to take on an unusual enemy and "trigger legal action" against the Portuguese state. The union intends to take this drastic step following the allegedly "abusive" dismissal of a female housekeeper. The latter had worked at the Portuguese embassy in Luxembourg since 1993.
According to the OGBL, the employee did not have "any written employment contract" and worked for less than the Luxembourgish minimum wage. Her salary had not been indexed since 2010. Even though the OGBL trade union repeatedly contacted the embassy, the Portuguese Foreign Ministry, and the ambassador himself, the situation of the employee was never regularised.
In December 2018, the employee received a contract proposal "granting her the status of civil servant of the Portuguese State." In other words, she was never granted a Luxembourgish contract. The OGBL trade union criticised that she was also asked to work up to 44 hours a week and to forfeit numerous social advantages (such as seniority and indexation). "She was also told that, if she refused to sign this contract, she would no longer be an employee of the embassy as of 1 January 2019," OGBL said.
The housekeeper did not sign this contract before the given deadline. The embassy consequently denied her access when she attempted to return to work on 2, 3 and 4 January. According to the trade union, the embassy failed to respect Luxembourg's legal contract termination methods.
Intending on supporting the housekeeper, the union concluded that the embassy was clearly in violation of Luxembourg's employment laws and that it was therefore a matter of unfair dismissal.
