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By Gilles DALL’AGNOL & Maurice MACCHI, Allen & Overy Luxembourg
In today’s Luxembourg financial sector, the broad majority of players operate through more than one Luxembourg-based legal entity. The main drivers behind this include tax considerations, regulatory constraints and/or liability ring-fencing.
At the same time, these players might have limited resources and a willingness to have their employees work for several of the entities, a situation which is commonly referred to as “employee-sharing”.
When considering employee-sharing, one must keep in mind that under Luxembourg law, subject to certain exceptions (notably specifically licenced interim work and (legal) temporary lending of workforce, further described below),...
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