Coronavirus: clarifications about teleworking

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Date:
27 Oct 2020

Newsflash

By:
Dorothée David
  • Ministerial response regarding quarantine

The ministerial response of 22 October 2020 given by the Minister for Labour, Employment and the Social and Solidarity Economy, in response to parliamentary question no. 2886 about the need to quarantine within the context of the Covid-19 health crisis, makes the following clarifications in particular:

- The legal value of the certificate of incapacity for work when an employee needs to self-isolate or quarantine[1] is equivalent to an ordinary medical certificate as described in article L. 121-6 of the Labour Code. 

- In the press release published on 9 October 2020, the Ministry for Labour, Employment and the Social and Solidarity Economy, the Ministry for Social Security and the Ministry for Health advised any employee affected by the need to self-isolate or quarantine should get written proof, in any form whatsoever, of their employer’s agreement, if the employee intends to carry on teleworking instead of using their certificate of incapacity for work. To this end, it is specified that:

  • this option is only feasible if the employee is able to work and does not have any symptoms of being infected, including only minor symptoms;
  • this option to telework does not affect the need to respect the quarantine and self-isolation measures stipulated by the order issued by the Director of Health. 

- The new agreement on teleworking signed on 20 October 2020 will soon come into force for all companies in Luxembourg, once it has been declared of general obligation via a Grand Ducal regulation.

  • The CSSF calls upon the entities under its supervision to use telework wherever possible

In a press release published on 23 October 2020, the CSSF calls upon the entities under its supervision to use telework wherever possible, given the upsurge of Covid-19 cases.

For employees who need to work on-site, the CCSF reminds companies of the importance of following the health measures outlined in its previous press releases:

- Coronavirus (COVID-19): The CSSF reiterates precautionary instructions amid resurgence in COVID-19 cases: press release published on 17 July 2020.

- Coronavirus (COVID-19): Measures requested by the CSSF in the light of the return to working on-site: press release published on 19 June 2020.

  • Template authorisation for telework in the municipal sector

The Circular entitled “COVID-19 – Télétravail” (COVID-19 – Teleworking), no. 3910, published on 20 October 2020 stipulates that municipalities and similar organisations can use the template authorisation for teleworking attached to the Circular to provide an appropriate framework for their agents to telework.

 

[1] The ministerial response refers to isolation and quarantine measures within the context of article 7 (3) of the modified law of 17 July 2020.