Legal Framework in Luxembourg
The Luxembourgish VET system is regulated by the law of 19th December 2008 concerning the reform of the IVET and CVET system. Hence, this law also covers the regulations regarding the apprenticeship system. The code of labour law includes specific disposals about the protection of young workers and apprentices in companies.
The main law regulating VET has been voted on the 12th July 2019, setting the legal basis for apprenticeships and revising the initial Vocational Training Reform Act of 2008. The same legal basis applies to all apprenticeships in the country, regardless of the VET programme they are part of.
It is noteworthy that in 2019, the provisions concerning the apprenticeship contract and the legal rights and duties of apprentices were included in the Labour Code.
Other revisions concern evaluation and contract extension: To better inform students and parents about their progress, semi-annual reports are based on competences; yet an additional evaluation by grades was re-introduced.
The duration of the apprenticeship or training is extended automatically by a maximum of one year if learners need additional time to complete or repeat modules. Upon agreement between the employer and the apprentice, a second contract extension for up to one year is legally admitted- (L111-3 (2)).
Reform of 2008
The previous major VET reform act of 2008 was implemented between 2010/11 and 2013/14. The reform aimed at strengthening the links between VET and the labour market skill demand, in collaboration with social partners, and easing access to lifelong learning.
This reform of the law replaced any older VET law and regulated the whole organisation, implementation and evaluation of the IVET and CVET system leading to the officially recognised qualifications (vocational capacity certificate - CCP, vocational aptitude diploma - DAP, technician’s diploma - DT), including a system of training under an apprenticeship contract. It also covers the organisation of the Department for vocational education and training inside the Ministry of Education, Children and Youth (MENJE). It finally disposes a system for continuous vocational training and occupational retraining as well as a procedure for the recognition of formally, informally and non-formally acquired competences.
The Vocational Training Act introduced competence-based teaching and evaluation methods, replacing teaching by subject with teaching by units and modules that focus on professional situations. Learners were assessed solely on the basis of learning outcomes. This development refers to all VET tracks, including apprenticeship.
The VET law of 2008 also included important disposals concerning the structure and organisation of the apprenticeship system in IVET and CVET. It stipulated the obligation for companies to hold a training authorisation and fixed the associated requirements for companies to train apprentices. Moreover, it defined the obligation, contents and modalities of an apprenticeship contract between an apprentice and a training company. The procedure for the cancellation and litigations related to the apprenticeship contract were also regulated by this law. Finally, the law obliged companies to declare vacant apprenticeship positions to the Guidance service of the Public Agency for the Development of Employment (OP-ADEM). The strong cooperation between the State and the social partners were one of the core principles of the VET law of 2008 and social partners were considered to be essential stakeholders who contribute to the organisation and implementation of VET. A specific feature of Luxembourgish policy ist that the professional chambers’ opinion is systematically sought on law projects and regulations on economic, financial and social policy: labour law, social security, taxation, the environment, IVET and CVET, education, etc.
Amendments of 2016
In 2016, the Department of Vocational Education and Training made some smaller adjustments to its provisions introduced in 2008, among which the re-introduction of annual progression, and an intermediary assessment.
In order to be able to advance to the next training level, the apprentice had to validate a certain amount of credits to pass the assessment.
Other regulations relevant to the VET system and the apprenticeship system in particular include the code of labour law with a section concerning the protection of young workers, general laws about the organisation of schools, the compulsory school law, and financial laws.
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