Factsheet for measure
LU-2020-12/303
–
Updated
– measures in Luxembourg
Measures for short-time working in cases of force majeure related to the Coronavirus
Mesures pour le chômage partiel en cas de force majeure liée au corona virus
|
Country
|
Luxembourg
, applies nationwide
|
|
Time period
|
Temporary, 19 March 2020 – 30 June 2022
|
|
Context
|
COVID-19
|
|
Type
|
Tripartite agreements
|
|
Category
|
Employment protection and retention
– Income support for people in employment (e.g., short-time work)
|
|
Author
|
Patrick Thill (LISER) and Eurofound
|
|
Measure added
|
06 April 2020 (updated 28 June 2022)
|
Background information
In view of the scale of the COVID-19 threat and the tangible repercussions on the survival of companies and their employees, the government decided on a 'force majeure / coronavirus' short-time working scheme with an accelerated procedure for all Luxembourg companies impacted by the crisis. The procedure has been simplified for all companies to speed up the treatment process following the Grand-Ducal Regulation of 18 March 2020 introducing a series of measures to combat COVID-19.
A company that resorts to short-time working in cases of a force majeure commits not to dismiss employees for economic reasons as long as the relevant government decisions remain in force.
(Règlement grand-ducal du 18 mars 2020 portant introduction d’une série de mesures dans le cadre de la lutte contre le COVID-19. Mémorial A 178 du 24 mars 2020 Shortime Work: Book v.- Employment and Unemployment -Title I - Prevention of dismissals and maintenance of employment, Chapter 1 - Measures to prevent cyclical redundancies (Livre V.- Emploi et Chomage, Titre Premier – Prévention des licenciements et maintien de l’emploi
Chapitre Premier.- Mesures destinées à prévenir les licenciements conjoncturels)
Content of measure
In the event of a drop in activity, short-time working provides for the continued employment of employees through state subsidies by reducing the working time of some or all employees in a company. The measures can apply to all employees on a permanent or fixed-term contract, as well as for apprentices and interim workers. The aim of the measure is to avoid redundancies of employees for cyclical or structural reasons and in the event of force majeure preventing the normal pursuit of economic activities. In the context of the crisis, the government decided to speed up the procedure by means of an online application accessible via the website of the public employment service. The measure is limited to 1,022 hours per year per employee.
The application for short-time work must be communicated to the staff representatives and applies to employees on permanent or fixed-term contracts who do not receive any old-age or disability pension, are insured with the Joint Social Security Centre, apprentices, persons benefiting from an employment programme.
The employer pays each employee the salary due for every hour worked as well as a compensation to at least 80% of the salary that should be received for the inactive hours, but only up to a maximum of 250% of the social minimum wage. Employers also have to continue to pay social contributions and withholding tax on salaries paid for hours worked as well as for inactive hours, with the exception of accident insurance contributions and family benefits.
Based on an agreement within the National Conjuncture Committee, the government reached an agreement on the processing of partial unemployment statements for the months of July to December 2020. It is agreed that the employer receives a detailed statement for each month concerned, both for a possible outstanding balance and for the amount of a potential overpayment.
Updates
The following updates to this measure have been made after it came into effect.
|
25 January 2022
|
On 25 January 2022, the government decided to extend the measures relating to COVID-19 until June 2022 inclusive. This extension concerns short-time working, aid for uncovered costs and recovery aid for companies in the HORECA, events, entertainment, culture and new car sales sectors.
The simplified structural partial unemployment scheme COVID-19 is also extended by 4 months, from March to June 2022 inclusive, for companies in vulnerable sectors that have a job retention plan.
The prolongation of these aids and the adjustment of their application modalities are part of a progressive phasing-out of the temporary business support measures in the context of the COVID-19 pandemic.
|
|
14 December 2021
|
The Luxembourg government has announced the extension of short-time working until the end of February 2022.
|
|
12 October 2021
|
In order to continue to support businesses and their employees affected by the crisis linked to COVID-19, special arrangements for short-time working have been adopted until 30 June 2021. While applying to all companies affected by the pandemic during this period of economic recovery, these arrangements nevertheless take into account the fact that some sectors or branches of the economy are more severely affected than others.
Four types of businesses are affected by these measures:
-
industrial enterprises,
-
companies in the HORECA sector, tourism and the events sector,
-
companies affected by the health crisis, other than those mentioned above,
-
companies that want to use short-time working but have to make redundancies for economic reasons; or are part of the hotel and catering, tourism or events sectors, want to use short-time working but are forced to exceed the limit of 50% of the total normal monthly working hours of the company in exceptional cases; or those in the "Other" sectors of activity which want to use short-time working but are obliged to exceed the limit of 10% of the total normal monthly working hours of the enterprise by way of exception; provided that they provide:
(a) a recovery plan, for small enterprises with less than 15 employees; or (b) a job retention plan.
(Source: https://guichet.public.lu/fr/entreprises/sauvegarde-cessation-activite/sauvegarde-emploi/chomage-partiel-technique/chomage-partiel-relance-eco.html
|
|
03 June 2021
|
The COVID-19 related measures ended on 30 June 2021. From 1 July 2021, new provisions have been made in accordance with the legal provisions of the Labour Code, Book V, Title 1. The aim is to maintain employment and avoid redundancies. To this end, the system of part-time unemployment due to force majeure can be applied exceptionally to any company that encounters economic difficulties for which it is not the cause and which make it impossible to continue the usual economic activity.
|
|
31 December 2020
|
Based on an agreement within the National Conjuncture Committee, the government reached an agreement on the processing of partial unemployment statements for the months of July to December 2020. It is agreed that the employer receives a detailed statement for each month concerned, both for a possible outstanding balance and for the amount of a potential overpayment.
While industrial companies will continue to benefit from cyclical short-time working and undertake not to lay off staff, the social partners recognised the particularly difficult situation of companies in certain vulnerable sectors heavily impacted by the COVID-19. These sectors are HORECA (catering), the tourism sector and the like. Businesses in these sectors will have accelerated access to partial unemployment from structural sources without limiting the number of employees affected. Companies have the right to lay off a maximum of 25% of their employees until 31 December 2020. If a company succeeds in getting back to a good working order, it will have to give a priority of re-employment of the dismissed persons.
Firms affected by the COVID-19 crisis, other than industrial firms and those in vulnerable sectors will also be able to have recourse to short-time working from structural sources through the fast-track procedure, provided they do not make redundancies. This measure aims to preserve jobs in the enterprises concerned as far as possible.
In this case, however, the number of employees covered by short-time working may not exceed 25% of the workforce for the months of July and August, 20% for the months of September and October and 15% for the months of November and December.
Finally, applications from enterprises in vulnerable sectors making more than 25% of their workforce redundant, as well as those from all other enterprises wishing to make redundancies, will be required to submit a so-called "traditional" short-time working application.
|
|
31 December 2020
|
Decree no. 2020-1316 of 30 October 2020 relating to partial activity and the specific partial activity scheme in the event of a lasting reduction in activity provides that as from 1 January 2021, a partial activity authorisation may be granted for a maximum period of three months. It may be renewed up to a maximum of six months, consecutive or not, over a reference period of twelve consecutive months.
As of 1 March 2021, the partial activity authorisation will be granted for a period of three months, renewable for up to six months over a reference period of twelve consecutive months.
|
Use of measure
2,849 companies in September 2020 submitted a request for partial unemployment in the context of the special provisions which are in force until December 31, 2020 due to the COVID-19 crisis. The Conjuncture Committee gave green light to 2,825 requests, which amounts to 23,122 employees.
Contents
Target groups
Actors and funding
|
Actors
|
Funding
|
National government
Social partners jointly
|
National funds
|
Social partners
Social partners' role in
designing the measure
and form of involvement:
|
Trade unions
|
Employers' organisations
|
|
Role
|
Agreed (outcome) incl. social partner initiative
|
Agreed (outcome) incl. social partner initiative
|
|
Form
|
Consultation through tripartite or bipartite social dialogue bodies
|
Consultation through tripartite or bipartite social dialogue bodies
|
Social partners' role in the
implementation, monitoring and assessment phase:
-
Unknown
-
Main level of involvement: Peak or cross-sectoral level
Involvement
The Ministers of Work, Employment and the Social and Solidarity Economy, the Minister of the Economy, the representatives of the trade unions OGBL and LCGB and the representatives of the employer organisation UEL agreed on the 10 of June 2020 on new measures in a common agreement regarding the short-time work employment linked to the COVID-19 crisis.
Views and reactions
The measure is based on an agreement by the trade unions OGBL and LCGB in the context of the COVID-19 crisis and there is a large consensus of the importance of the measure. Within the National Conjuncture Committee, trade unions and employer associations discuss measures on a monthly basis regarding short-time work and companies with financial difficulties.
Sources
