FAQ Coronavirus
updated on 03.23.2022 at 18.50
Content
II. Impacts on the employment relationship
I. Health and safety at work
Is the COVID Check applicable in companies ?
Since 11 March 2022, the Covid Check "3G" scheme (Geimpft, Genesen, Getestet- Vaccinated, Cured, Tested), had been abolished at the workplace. It is no longer possible to maintain the Covid Check in the company.
This also applies to company canteens.
What about wearing of a mask and social distancing ?
If the company wishes to maintain, for its staff, the sanitary measures in the workplace (wearing of masks and respect of distancing), it must do so in compliance with the competences of the staff delegation :
- information and consultation of the staff delegation for companies with less than 150 employees
- decision with the staff delegation for companies with at least 150 employees.
For companies with under 15 employees, the decision to maintain the sanitary measures (wearing a mask and respecting the distance) belongs solely to the employer.
II. Impacts on the employment relationship
What rules for teleworking ?
How does telework impact the cross-border commuters ?
It should be noted, however, that telework is likely to trigger certain effects in terms of :
- Social security affiliation : take into account during the current year the limit of 25% of the total work time in the residence country as mentioned in Regulation (EC) No. 883/2004.
Concerning the cross-border employees : The authorities of the border countries have decided that the periods of telework performed on their territory by frontier workers due to coronavirus will not be taken into account for the determination of the applicable social security legislation. This measure is applicable until 30th of June 2022 for the French, Belgian and German residents
- Taxation : take into account the tolerance threshold laid down by the tax treaty applicable between Luxembourg and the neighbouring country concerned in case of cross-border employees:
- Threshold of 34 days in Belgium
- Threshold of 19 days in Germany
- Threshold of 29 days in France - (34 days, announced as of 2022)
These limitations do not constitute a prohibition to work in the country of residence. In principle, they may be exceeded but cross-border employee will be taxed in his country of residence for all days of telework performed.
Concerning the cross-border residents : It has been decided that, as from March 2020, the working days during which these cross-border workers are teleworking during the Covid-19 pandemic, will not be taken into account in calculating the above threshold.
This measure is applicable until 30th of June 2022 concerning the German, Belgian and French cross-border residents.
What about work accident when the employee work at home ?
Work accident is define as an "Accident occurring at or in connection with work".
Usually, teleworking is covered by AAA (Accident Insurance Association) provided that the provisions of the collective agreement about teleworking are respected.
However, during this crisis period, in case of accident at home, it is sufficient for the employer to confirm that the employee was authorized to work at home. The AAA will check the exact circumstances of the accident.
Please note that it is no longer necessary to request A1 certificates for teleworking in the context of the COVID19 pandemic. An exceptional arrangement has been made with foreign authorities.
What is the family leave in the event of the Covid-19 pandemic ?
As part of the measures implemented in schools and childcare facilities to combat the spread of the SARS-CoV-2 coronavirus (COVID-19), a child may have to be placed in quarantine or isolation by order or recommendation of the Health Directorate, respectively the competent authority.
In order to reduce the risk of spreading COVID-19, and depending on the evolution of the number of infections, it is necessary to take all measures likely to curb the spread. Therefore schools and childcare facilities (education and care services for young or schooled children, mini-crèches and childminders) may be obliged to suspend their activities, partially or entirely, for a given period of time. In this context, a specific procedure has been put in place allowing one of the parents to benefit from the extended leave for family reasons. These provisions apply until 30 April 2022 inclusive.
- Who is concerned ?
Are concerned, any parent (employee, self-employed, apprentice) affiliated in Luxembourg who is responsible for a child of less than 13 years of age (until 18 years of age in the case of a hospitalisation) to benefit from this extended leave in case of:
- quarantine or isolation of a child on the order or recommendation of the Health Directorate;
- the child's vulnerability to COVID-19 and the contraindication of attending school or a childcare facility;
- partial or total suspension of activities in schools and childcare facilities.
- How to proceed ?
A parent who needs to take leave for family reasons must inform their employer as quickly as possible, either verbally or in writing, and indicate the start and end date of said leave.
The parent must then fill in the NEW form for leave for family reasons in the context of the COVID-19 pandemic, sign it, and send it to both the National Health Fund (Caisse nationale de santé - CNS) and their employer, together with:
- the required supporting documents issued by the Health Directorate in the context of a quarantine or isolation measure for a child; or
- a medical certificate attesting to the child's vulnerability and the contraindication of attending school or a childcare facility; or
- a certificate issued by the Ministry of Education, Children and Youth.
For children residing abroad but whose parents are affiliated to the social security in Luxembourg, it is the competent authority in the country in question which recommends or takes the decision to place the child in quarantine or isolation. It must then draw up a certificate or attestation of this decision or recommendation. As in the case of educational establishments and structures located abroad, it is for the competent national authority of the competent country to issue an official document.
The employee must then send the form and the required documents to the CNS by post or by email.
- Duration of and conditions for granting leave
Days taken as leave for family reasons because a child is quarantined or isolated or because of the suspension of activities are not deducted from the legal days of leave available per age group, the length of which depends on the age of the child.
The leave for family reasons can be split, i.e. it can be taken in hours or half-days.
Both parents cannot take leave for family reasons at the same time (same day/hour).
For more information :
https://guichet.public.lu/en/citoyens/travail-emploi/conges-jours-feries/situation-personnelle/covid-conge-quarantaine-isolement-enfant.html
III. Short-time working
Under what conditions can my company still benefit from short-time working ?
As of 1 July 2021, access to short-time working will be defined in accordance with the legal provisions set out in the Labour Code, Book V, Title I: "Preventing redundancies and maintaining employment".
There are now 4 ways to access short-time working :
- Short-time working due to cyclical economic difficulties : it is intended to support companies in industries which are part of an economic sector or branch in crisis and are experiencing cyclical economic difficulties.
- Short-time working due to economic dependance : it is aimed at businesses facing economic difficulties following the loss of one or more of their main customers or due to difficulties encountered by their customers.
In addition to the application to be submitted via MyGuichet.Lu, the company must, before the 12th of the current month, send an e-mail to the Economic Committee (chp-ld-cf@eco.etat.lu) explaining and documenting its dependency.
- Short-time working in the event of force majeure : it can be applied in exceptional circumstances to businesses who encounter economic difficulties following the occurrence of an event beyond their control and which prevents the continuation of their normal economic activity.
In addition to the application to be submitted via MyGuichet.Lu, the company must, before the 12th of the current month, send an e-mail to the Economic Committee (chp-ld-cf@eco.etat.lu) explaining and documenting its dependency.
- Short-time working due to structural economic difficulties : it is intended to support businesses that are experiencing difficulties of a structural nature and/or are forced to lay off staff for economic reasons but wish to qualify for short-time working benefits.
In order to benefit from it, companies must draw up an employment maintenance plan or a recovery plan. It should be noted that this may be a plan negotiated at sectoral level.
Who to contact
Ministry of the Economy – Economic Committee
Hotline “short-time working”, from Monday to Friday from 8:00 am to 6:00 pm : 8002 9191
National Employment Agency (ADEM)
Contact Center for employers, from Monday to Friday from 8:30 am to 11.30 am and from 1 pm to 5pm : (+352) 247-88000
FAQ ADEM : https://adem.public.lu/en/support/faq/faq-chomage-partiel.htm