Coronavirus: Professional reclassification procedure, temporary restrictions to entry into Luxembourg

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Date:
02 Jul 2020

Newsflash

By:
Dorothée David

1. Professional reclassification procedure

The Grand-Ducal Regulation of 20 June 2020[1], which came into force on 25 June 2020, reiterates the fact that for the duration of the state of crisis (i.e. from 18 March 2020 to 24 June 2020 inclusive), if a reasoned opinion from the relevant occupational doctor comes to the conclusion that internal reclassification is possible for a worker who is unable to perform the tasks corresponding to his last job:

  • the deadline by which the secretary of the joint committee needs to get in touch with the employer is increased to 30 working days (instead of 5 working days outside the crisis period);
  • the deadline for the notification of the decision by the joint committee to the employee in question, as well as the latter’s employer, is increased to 30 working days (instead of 15 working days outside the crisis period);

The RGD specifies that these deadlines continue to run, even after 24 June 2020, as long as:

  • the reasoned opinion has been submitted by the relevant occupational doctor to the secretary of the joint committee during the state of crisis, or
  • the notification of the decision by the joint committee to the employee in question and the employer was made during the state of crisis.

2. Clarifications about temporary restrictions to entry into Luxembourg

Law of 20 June 2020 introducing certain temporary measures relating to the application of the modified law of 29 August 2008 on the free movement of people and immigration (hereinafter “the Law”), was published in Mémorial A no. 536 of 25 June 2020.

The Law, which came into force on 25 June 2020, stipulates, among other things, that until 31 December 2020, citizens of third-party countries can no longer enter the Grand-Duchy of Luxembourg, apart from the exceptions listed by the Law and by any regulations.

To this end, the Grand-Ducal Regulation of 1 July[2], adopted by virtue of the Law, specifies:

  • the duration of the restriction preventing citizens of third-party countries from entering Luxembourg, which currently applies until 15 September 2020 inclusive, and
  • the list of categories of people who are not affected by the temporary restriction preventing people from entering Luxembourg due to their status, the purpose of their trip or their country of residence.

 

 

[1] Grand-Ducal Regulation of 20 June 2020 introducing a temporary exemption to the Grand-Ducal Regulation of 14 October 2002 on the process for appointing and paying members, the operating rules and timings for procedures for the joint committee for the reclassification of workers unable to carry out their last job (Mémorial A no. 540 of 25 June 2020).

[2] Grand-Ducal Regulation of 1 July 2020 modifying the Grand-Ducal Regulation of 20 June 2020 on the duration of the restriction and the scope of the exceptions stipulated by article 2 of the Law of 20 June 2020 introducing certain temporary measures relating to the application of the modified law of 29 August 2008 on the free movement of people and immigration, published in Mémorial A no. 564 of 1 July 2020.