Coronavirus: Law of 16 December 2021 on the measures to fight against the Covid-19 pandemic that affect labour law

17 Dez 2021


Dorothée David

The Law of 16 December 2021 modifying the law of 17 July 2020 on the measures to fight against the Covid-19 pandemic as modified (hereinafter referred to as the “Law”) has been published in Memorial A no. 875 of 16 December 2021.

The Law came into force on 17 December 2021.

  • workers are already required to present one of the certificates listed below in order to access the concerned CovidCheck areas;
  • employers are already allowed to keep a list of vaccinated or recovered employees to facilitate checks, under the conditions provided for by the Law (e.g. subject to employees’ consent).

In addition to the above, the following measures will come into force on 15 January 2022:

3G scheme mandatory in workplaces from 15 January 2022

- All employees, public servants and self-employed individuals must present one of the following at their place of work:

  • either a valid vaccination or recovery certificate or a negative NAAT test (e.g. RT-PCR) from the last 48 hours, or a negative rapid antigen test from the last 24 hours (3G scheme),
  • or a vaccination exemption certificate accompanied by a negative test certificate (i.e. either NAAT or rapid antigen) or a negative result from a self-test carried out on site.

- The employer will have an obligation to check these documents (including by delegation to one or more employees and/or external providers).

For further details, please see our Newsflash of 13 December 2021 for the conditions for application and the main measures relating to these obligations.

Extension of certain exemptions applicable to labour law beyond 31 December 2021

The following measures, currently applicable until 31 December 2021, will be extended from 1 January 2022 until 30 June 2022:

- deadline of 8 days to submit an isolation/quarantine order to the employer to be considered as a valid certificate confirming incapacity for work in order to benefit from protection against dismissal in case of illness (see our Newsflash of 2 July 2021);

- measures designed to encourage the recruitment of job seekers and relating to re-integration contracts, professional training courses and aid schemes to encourage the recruitment of older unemployed people (see our Newsflash of 31 July 2020);

- possibility to combine early retirement benefits with returning to work in the health, support and care sector (see our Newsflash of 2 July 2021).

In addition, the Law stipulates that:

- extraordinary leave for family reasons (see our Newsflash of 22 October 2021) continues to apply until 28 February 2022;

- the new recovery aid (see our Newsflash of 20 July 2021) has been extended to include November and December 2021, and can be applied for until 15 March 2022.