Clawback Clauses and the Right to Resign : A fragile balance under Luxembourg Labour Law
In an increasingly competitive professional environment, companies in Luxembourg seek to secure their investment in human capital. Among the contractual mechanisms used is the so-called clawback clause, which allows the employer—under certain conditions—to recover specific financial benefits granted to the employee in the event of early departure. While effective in deterring opportunistic resignations, this mechanism raises concerns regarding the respect of employees’ fundamental [...]