- 29 Mar 2018
- Dorothée David
Monitoring leave taken by employees for family reasons
In a ministerial response dated 5 March 2018, the Minister for Labour, Employment and the Social Economy provided some clarifications regarding monitoring leave taken by an employee for family reasons, following on from the reform to holidays introduced by the law of 15 December 2017.
According to the Minister, the employer cannot preventatively ask for information about the use of leave for family reasons by each of its employees due to the data protection requirements stipulated in new European legislation.
However, the employer can ask the employee to produce this information. This is particularly useful when it comes to finding out how many days’ leave for family reasons have already been used by a newly appointed employee.
In order to produce this information and justify their request for leave, the employees can find out about the status of their leave for family reasons from the Caisse Nationale de santé or at myguichet.lu. These details will be provided to them without any problems as it is their personal information.
Insurance in the event of an accident when driving a vehicle for work
On 16 January 2018, the Minister for homeland security and the Minister for social security issued a joint response to the following parliamentary question: “Given the dangers faced by employees who drive on the road as part of their job, is it not a good idea to make accidental death insurance for someone driving a car within the context of his/her job compulsory for businesses?”.
The Ministers answered in the negative, pointing out as a reminder that accidents while driving a company car are treated in the same way as workplace accidents. If a fatal accident is recognised by the Association d'assurance accidents (AAA), the beneficiaries of the insured party will benefit from the services offered by the AAA in addition to the survivor’s pension provided by the Caisse nationale d'assurance pension (CNAP). The AAA’s legal database only reports two cases that were declined, due to a high blood alcohol level. Case law does indeed take into account the notion of “a risk far exceeding the insured risk” which allows the AAA to refuse to recognise and cover a workplace accident (to be distinguished from the legal notion of “gross negligence” which only allows such a refusal for commuting accidents). In this case, the beneficiaries can only actually benefit from the services offered by the CNAP. According to the ministerial response, imposing this kind of private insurance on employers runs the risk of constituting an additional cost for them, without actually giving any additional guarantee of compensation for the drivers, as a private insurance policy would probably apply the same principle of “a risk far exceeding the insured risk” or even that of gross negligence, which already exists in the applicable system.
“Luxembourg Business Registers”, a new site for the Registre de commerce et des sociétés (RCS)
As of 29 March 2018, the administrator of the RCS, the G.I.E. “RCSL”, is changing its name to become “Luxembourg Business Registers” (“LBR” for short). The new LBR website is available at www.lbr.lu.The homepage offers direct access to the RCS site, as well as to the site for the Recueil électronique des sociétés et associations (RESA).