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Conditions of worthiness and vocational qualification

Private training bodies subject to the right of establishment must comply with conditions of worthiness and vocational qualification in order to deliver continuing training.

Vocational worthiness

Vocational worthiness conditions are in place to guarantee:

  • The integrity of the profession and
  • The protection of future co-contracting parties and clients.

Vocational worthinessapplies to the director and is assessed on the basis of on his/her record and any items provided by order of the authorities for actions of up to 10 years ago.

Conduct that could affect the director's vocational worthiness includes:

  • The use of an intermediary or acting as an intermediary while directing a company,
  • The use of forged or false documents or declarations in the authorisation request,
  • The repeated failure to comply with the legal publications required by the legal provisions of the Trade and Companies Register (Registre de Commerce et des Sociétés), or the failure to keep accounts that comply with legal requirements,
  • The accumulation of large debts with public creditors where a ruling of bankruptcy or liquidation of the assets has been made,
  • Any final, serious or recurring conviction related to the business activity.

Vocational credentials

Vocational credentials for managers of a continuing vocational training body can be gained by:

  • Holding a university diploma or higher qualification, or a end of university studies certificate or higher qualificationissued by a higher education institution recognised by the State, where the student has successfully completed a full three-year course of studies, or

  • Confirmation of professional experience certifying that the applicant has occupied the role of manager of a continuing vocational training body in a Member State of the European Union:
  1. Either for 3 consecutive years on an independent basis or as the director of a company,
  2. Or for 2 consecutive years on an independent basis or as the director of a company, where the applicant can prove that he/she has undergone training relevant for the sector and gained a certificate recognised by the Ministry, 
  3. Or for 2 consecutive years on an independent basis or as the director of a company, where the applicant can prove that he/she has worked in the profession in question on  a dependent basis for at least 3 years, 
  4. Or for 3 consecutive years on a dependent basis, where the applicant can prove that he/she has undergone training for the relevant sector and gained a certificate recognised by the Ministry.

The activity as independent or as director of a company should not have ended more than 5 years ago from the date on which the establishment authorisation request is submitted.

Any person who has performed one of the following activities in a continuing vocational training body is deemed to have performed the role of director of a company:

  • Either the role of company manager or branch manager,
  • Or the role of assistant to the business owner or manager, if this role involves responsibility equal to that of the business owner or manager,
  • Or a senior managerial role, with duties that are characteristic of the sector and with responsibility for at least one division of the company.

Proof that the professional experience condition is met can be provided:

  • Either through a statement issued by the competent authority or body in the country of origin,
  • Or through membership of the  for at least 3 consecutive years, 
  • Or through an establishment authorisation in a main trade which has been used for at least 3 consecutive years, 
  • Or through an employer's certificate approved by the Joint Social Security Centre (Centre Commun de la Sécurité Sociale).
More information on guichet.lu
Last update - 19.07.2021
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