From January 15, 2022, employees are required to show a vaccination process to join the company. The Chamber of Employees took stock of your rights and duties.
The law in Luxembourg introduces in the workplace l” obligation for all employees to present either a vaccination certificate, either a certificate of reinstatement, either a certified negative test certificate, either a contraindication certificate vaccination against Covid-19.
Please note, the CSL notes that the holder of a contraindication certificate must be able to present his certificate at his workplace as well as a certificate of the NAAT test certified negative or of a rapid antigenic test SARS-CoV- 2 certified negative or the negative result of a self-diagnostic test for SARS-CoV-2 performed on site.
The Government has put in place a mechanism to provide these people with unlimited tests. The law specifies that the notion of place of work does not cover the place of teleworking.
No right to access the workplace
An employee who refuses or is unable to present one of the said certificates does not have the right to access his workplace. The employer may decide that access to all or part of his company by external persons as well as by any third party is subject to the obligation to present one of the certificates listed above.
A list of employees?
To facilitate checks, the employer can keep a list of his vaccinated or recovered employees. The registration of employees on this list must be voluntary..
This list can only contain the name of the employees and the period of validity of their certificate. The employee who is registered on this list can request his withdrawal at any time and without any justification being necessary.
Failure to register on the list has no impact on the employment relationship. The period of validity of this list may not exceed the period of validity of this law set on February 28, 2022. After this date, it is destroyed.
The employer can delegate the keeping of this list either to one or more of its employees, or to one or more external service providers. Only the employer and the person (s) responsible for maintaining the said list can access its content.
Leave or suspension of remuneration
An employee who is refused access to his workplace can take statutory or contractual recess days.
In the absence of agreement or if the employee does not wish to use the legal or contractual days of recess, he automatically loses the part of his remuneration corresponding to the working hours not worked.
This period of non-remuneration is neutralized in relation to the method of calculating the unemployment benefit and the compensatory redeployment allowance and is assimilated to an effective period of work for the determination of the duration of the paid leave as well as for legal or contractual rights acquired by the employee by virtue of his seniority.
The right to health care benefits is maintained for the duration of the employee’s period of non-remuneration..
The employee’s period of non-remuneration also counts as an effective period of compulsory insurance within the limit of the sixty-four hour threshold.
If this threshold is not reached due to unpaid hours, the employer and employee shares of the contributions for pension insurance relating to the hours missing to reach this threshold are paid by the employer. Subsequently, the employer can transfer future wages to recover the employee share of contributions paid for a maximum of six months.
Protection against dismissal
Failure to present a valid certificate by the employee and the resulting absence from the workplace do not constitute grounds for dismissal or disciplinary sanctions..
The termination of the employment contract carried out in violation of these provisions is null and void. In the fifteen days which follow the dismissal, the employee can ask, by simple request, the president of the labor court, who decides urgently and as in summary matter, the parties heard or duly convened, to declare the nullity of the dismissal. and to order the maintenance of his employment contract.
The ordinance of the president of the labor court is enforceable by provision; it is subject to appeal which is brought, by simple request, within fifteen days from the notification by way of the registry, before the magistrate presiding over the Chamber of the Court of Appeal to which appeals in matters of labor law are assigned. It is decided as a matter of urgency, the parties heard or duly summoned.
Exclusion from partial unemployment
Employees who cannot present one of the required certificates cannot be eligible for partial unemployment benefits.
In order to prevent falsification or theft of the certificates concerned, the employer verifies the identity of the holders of the certificates concerned, if necessary by comparing it with that appearing on an identity document.
The employer can delegate this verification either to one or more of its employees, or to one or more external service providers.
The Labor and Mines Inspectorate is responsible for monitoring the application of these provisions with regard to employees.
Who can benefit from free antigen testing?
Employees with their first dose of vaccine, while waiting for their second dose, will be able to be tested for free from January 14, 2022.
For this purpose and since December 16, 2021, they will be given a series of 20 codes during the administration of their first dose of vaccine.
These codes will allow them to perform 20 free certified antigenic self-tests in one of the five test centers managed by the Luxembourg army until a complete vaccination schedule is obtained and this until February 28, 2022.
The site www.covidtesting.lu, which allows you to set appointments, will be accessible from January 10, 2022.
The Chamber of Employees, an institution which acts in the interests of employees and retirees.
The CSL regularly publishes brochures and electronic newsletters which explain the rights of employees. You can consult the www.csl.lu site free of charge, where you will find a detailed and simply explained “your rights” section about your rights. To be informed of news and conference debates, subscribe to the CSL Newsletter.
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Find other articles from the CSL in the section “Employee rights”.