Background information

In order to limit contamination, protect public health and ensure business activity, the COVID-19 law passed on 16 December 2021 has specified the rules, applicable from 15 January 2022, concerning access to the workplace for workers.

All employees must be screened on entry to the company premises and be guaranteed to be

• vaccinated
• or recovered
• or presents a negative test certificate (less than 24h for an antigenic and less than 48h for a NAAT - PCR equivalent test)
• or presents a certificate of contraindication to vaccination + a negative test result (less than 24h for an antigenic and less than 48h for a NAAT - PCR equivalent test).

Content of measure

The employee can enter the workplace if :

• vaccinated
• recovered
• presents a negative test certificate (less than 24h for an antigenic and less than 48h for a NAAT - PCR equivalent test)
• presents a certificate of contraindication to vaccination + a negative test result (less than 24h for an antigenic and less than 48h for a NAAT - PCR equivalent test).

An employee who is refused access to his or her workplace may take the legal or contractual days of recreation leave in accordance with the provisions of Article L. 233-10 of the Labour Code. In the absence of an agreement or if the employee does not wish to use the legal or conventional days of recreation leave, he/she shall automatically lose the part of his/her remuneration corresponding to the hours not worked. The employer or his representative declares the hours actually worked on a monthly basis. The employer or his representative must also declare to the Centre Commun de la Sécurité Sociale (CNSS) the periods of non-remuneration

Use of measure

All employees, both residents and cross-border commuters, of all companies, regardless of their sector of activity, are affected by the new law.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Trade unions Employers' organisations Company / Companies	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Direct consultation outside a formal body	Direct consultation outside a formal body

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

The social partners were consulted by the government, as the measure directly targets employees. OGBL, LCGB and CGFP, sat around the table for a week to discuss the proposed new control measures with the government. The social partners were able to refine the proposed law before it was submitted to the House.

At the same time, a one-month delay was granted to companies before the implementation of the modalities, in order to allow companies to prepare themselves for the implementation of the COVID Check measures

Views and reactions

The social partners (OGBL, LCGB and CGFP) have three major reservations:

• Certified antigenic tests or PCR tests are not free of charge as vaccination is not compulsory. Also, minimum wage earners do not have the capacity to pay 600 or 700 euros per month for these tests
• The employee can eventually ask to work remotely. "But it depends on the job, only half of the jobs are teleworkable
• The social partners fought during the negotiations so that employees who refuse to take the CovidCheck would not risk dismissal for gross misconduct. In the worst case, if it is not possible to take leave or telework, the employee will be granted an unpaid dispensation, but will remain affiliated to social security

Sources

• 15 January 2022: Law of 16 December 202 (legilux.public.lu)