I. DEADLINES FOR THE DELIVERY OF ADMINISTRATIVE DOCUMENTS, MEDICAL EXAMINATION WITH CMSS, PETITIONS …

1. Leave for family reasons: New form from May, 20, 2020

In the context of the measures adopted by the Government to contain the spread of the COVID-19 coronavirus, a specific procedure has been set up to allow parents to take leave for family reasons if they have to look after their child(ren) under 4 years old, or aged from 4 up to 13 if it has not been possible to find them a place in a childcare structure.

A new application for leave for family reasons has to be submitted even if you already submitted an application using the form that was made available online on 30 March 2020.

Leave for family reasons may be taken in the context of the COVID-19 health crisis by a parent of a child:

  • who was born on or after 1 September 2015 and is dependent on the applicant;
  • child under the age of 13 who normally attends school but whose school has been closed or classes are still suspended for reasons directly linked to the health crisis or who cannot be taken in by any school or childcare structure because of the implementation of a scheme for alternating pupils’ attendance or the application of imposed barrier measures, subject to producing a certificate attesting the situation issued by the Ministry of Education, Children and Youth;
  • according to the CSMI recommendations, a child is deemed vulnerable if it is suffering from a respiratory or cardiac pathology or is immuno-depressed.

If necessary, parents may alternate taking leave for family reasons. In this case, each parent must send in a separate form.

Parents of children with a disability who are between 13 and 18 years old (or up to the age of 25) may benefit from the leave for family reasons provided they receive the special supplementary allowance for disabled children from the CAE.

This extraordinary leave for family reasons in the context of the COVID-19 pandemic is limited in time and will not affect the balance of ordinary leave for family reasons. It is treated separately from ordinary leave for family reasons.

1. What to do to be able to take leave for family reasons

A parent who needs to take leave for family reasons must inform his/her employer as quickly as possibleeither verbally or in writing, and indicate the start and end date of said leave.

The parent must then fill in the appropriate formsign it, and send it to both the National Health Fund (Caisse nationale de santé – CNS) and his/her employer, together with the required certificate corresponding to the parent’s situation.

The employer then transmits to the social security bodies a statement of the actual number of days of leave for family reasons taken, following the ordinary procedure.

There are 4 situations entitling a person to take leave for family reasons in the context of limiting the spread of the COVID-19 coronavirus. The 4 situations are set out below, together with the supporting documents that must be sent in with the application:

1. CHILD BORN ON OR AFTER 1 SEPTEMBER 2015

Application form

2. CHILD UNDER 13 YEARS OLD WHO NORMALLY ATTENDS SCHOOL BUT WHOSE SCHOOL IS CLOSED

Application form

You should apply to the Ministry of Education, Children and Youth for a certificate attesting the school’s closure.

If the child attends a school in Luxembourgthe request for a certificate should be sent to attestationcrf@men.lu, indicating:

  • the child’s national identification number (‘matricule’), his/her family name and first name, and the name of the school attended;
  • the applicant parent’s national identification number (‘matricule’) and his/her family name and first name.

If the child attends school elsewhere: obtain an official document from the national authority with competence in respect of the school. This document should be sent to the Ministry of Education, Children and Youth at attestationcrf@men.lu so that a certificate can be drawn up.

3. CHILD UNDER THE AGE OF 13 WHO NORMALLY ATTENDS SCHOOL FOR WHOM IT HAS NOT BEEN POSSIBLE TO OBTAIN A PLACE IN A CHILDCARE STRUCTURE

Application form

For pupils attending a Special Education Centre, the certificate that the child cannot be cared for by a childcare service is to be requested from the Special Education Centre concerned and sent to the Ministry of Education, Children and Youth at the following address: attestationcrf@men.lu, with a view to drawing up the certificate to be attached to the application for leave for family reasons relating to the Covid-19 pandemic which is to be sent to the CNS.

For pupils in basic education, the certificate (Certification Impossibilité de prise en charge) is to be downloaded and sent to the manager of the childcare service that was unable to take in the child. This person will attest that the child has not been accepted by a childcare service in the context of the alternating resumption of primary education. Once the certificate has been obtained, it should be sent to the Ministry of Education, Children and Youth at attestationcrf@men.lu.

The Ministry of Education, Children and Youth will send the parents, either by email or by post, an attestation to attach to the application to take leave for family reasons in relation to the COVID-19 pandemic to be sent to the CNS.

4. VULNERABLE CHILD WITH REGARD TO COVID-19

Application form

The medical certificate attesting the child’s vulnerability with regard to COVID-19.

According to the CSMI recommendations, a child is deemed vulnerable if it is suffering from a respiratory or cardiac pathology or is immuno-depressed.

PRACTICAL INFORMATION INHERENT IN THE APPLICATION FORM REQUESTING LEAVE FOR FAMILY REASONS IN THE CONTEXT OF THE COVID-19 PANDEMIC

The exact dates on which the leave only need to be communicated to the employer.

A new form (put online on 20 May 2020) is available. It should be completed and sent, with supporting documents, to both the employer and the CNS, even if a previous form has already been sent.

2. Sending an application to take leave for family reasons to the CNS

The application can be sent either electronically or by post.

ELECTRONIC SUBMISSION

There are 2 ways of sending the form and the required supporting documents to the CNS electronically, depending on circumstances:

  • you can print out the form for applying to take leave for family reasons, sign it by handscan or take a photo of the form and the appropriate certificate, and send them by email to cns-crf@secu.luor
  • save the form on your computercomplete it electronically using Adobe Acrobat Reader, sign it electronically with a LuxTrust smartcard, and send it by emailtogether with a scan of the certificate.

The subject line of the mail must contain your 13-digit national identification number.

SUBMISSION BY POST

Please note that if you have sent all the documents electronically you do not need to send them by post as well.

The application form to take leave for family reasons and the appropriate certificate may be sent by post. You should print out the form, sign it by hand, and send it to the following address, together with the required certificate:

CNS
Indemnités pécuniaires
L-2980 Luxembourg

The form and the required certificate must be sent by normal post (not by registered mail).

 

Source: guichet.lu

2. Tax return: deadline for the submission extended to June 30, 2020

The Tax Administration has informed that the deadline for the submission of tax returns has been extended to June 30, 2020. This decision is applicable to legal and natural persons, as well as to taxpayers wishing to request, modify or revoke their choice of individual taxation.

This measure, among others, was decided by the Government in order to guarantee the continuity of the Luxembourg economy.

ALEBA takes this opportunity to remind its members that we have a partnership with an external tax specialist who helps our members free of charge to complete their tax return. For more information, contact us by email. info@aleba.lu.

3. Deadline for applying for CEDIES financial aid: attention, deadlines unchanged!

Applications for financial aid must be submitted each semester, even if the student is enrolled in the education establishment for a full year.

For students who are starting their studies in the summer semester, the full application, the form and supporting documents, must be sent in by 30 April 2020 at the latest.

In the context of COVID-19, the request must be made via MyGuichet or by email to aide-fi@mesr.etat.lu.

For non-resident students, the financial aid is a substitution alternative. Before the application can be submitted, the students must first have completed all necessary procedures in their country of residence in order to obtain financial support for their studies from their country.

Please note: students must respect the application deadlines in their country of residence.

The official result, whether positive or negative, for the academic year in progress must be attached to the application for financial aid in Luxembourg. Without the answer from the competent authorities in their country of residence, no financial aid can be granted.

4. Medical examination with the Medical Board of the Social Security (Contrôle médical de la sécurité sociale)

Medical examinations with the Medical Board of the Social Security (Contrôle médical de la sécurité sociale CMSS) are cancelled up to April 9. A written confirmation will be sent to the insured persons as soon as possible.

More info : www.cns.lu

5. Procedure to send your certificate of incapacity for work

As the postal services are currently not functioning – or only to a limited extent – insured persons have the possibility to send their certificates of incapacity for work exceptionally by e-mail to the following address: saisieCIT.cns@secu.lu

As a reminder, a certificate of incapacity for work can only be accepted if it meets the following criteria:

  •     the Luxembourg registration number must be written on the certificate
  •     the certificate must be issued by a doctor
  •     with the doctor’s surname and first name
  •     the certificate’s date of issue
  •     the beginning date of the incapacity
  •     the end date of the incapacity
  •     the diagnosis

The certificate must be produced digitally (ideally a scan). If you send a photo, please make sure the document is well-framed and legible.

Certificates sent by e-mail should no longer be submitted by post. However, please keep the original carefully.

If the certificate is in a language other than French, English or German, a translation by a sworn translator is required.

Please indicate your 13-digit NATIONAL NUMBER in the SUBJECT of your e-mail.

More info : www.cns.lu

6. Public petitions suspended until April 15

Members of the Petitions Committee unanimously decided to suspend public petitions due to the COVID-19 health crisis.

Ongoing petitions, the signature period of which opened on March 13, may collect new electronic signatures from April 15. The signatures collected to date remain valid. The collection of signatures on paper is also suspended until April 15.

The Commission specifies that the date of April 15 may be extended in the event that the health situation does not improve in the Grand Duchy. However, citizens will be able to continue to introduce public petitions on the Chamber’s website. 

More info : www.chd.lu

II. IMPACT ON THE EMPLOYMENT RELATIONSHIP

1. Is it mandatory to wear a mask at work?

Yes, when a distance of 2 metres cannot be maintained between people, it is mandatory to wear a mask or any other protective equipment to cover mouth and nose (surgical mask, respiratory mask, cloth mask, self-made mask, scarf…).

It is mandatory to wear a protective equipment at all times in public transport.

“If I wear alternative masks, how long does it take to change them?”

You should wear it for a maximum of 4 hours and change it as soon as it gets wet.

“How to sterilize reusable masks?”

Paper masks can be sterilized in the oven at 80°C for 30 minutes. Stay around!
Cloth masks should be washed with soap and water at 60°C minimum.

“If, for professional reasons, I have to move around the company premises, am I obliged to wear the mask?”

Yes, it is recommended to wear a mask in places where the distance of 2 meters cannot be respected such as corridors, lifts, stairwells, etc.

Source: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

https://www.astf.lu/lifting-containment-measures-de?lang=de

2. Can the employer impose temperature control at the entrance of the company building?

No, this is an invasion to privacy and can only be done on a voluntary basis.
Furthermore, it is not recommended since:

  • affected people would have already been infectious two days before the onset of symptoms;
  • there are virus carriers with no symptoms;
  • only 63% of Covid-19s develop fever;
  • you’re going to create line-ups at the entrance, ideal place for dissemination!

 

Source: https://www.astf.lu/lifting-containment-measures-de?lang=de

3. The first time I come to the office, what do I have to pay attention to?

Apply barrier gestures and do not come to work if you have symptoms or if a member of your close circle is ill.

 

Source: https://www.astf.lu/lifting-containment-measures-de?lang=de

4. If I find out that the mandatory 2 meters distance between workstations is not ensured, am I obliged to stay at the office?

Yes and you are obliged to wear a mask.

5. Should occupational medicine be informed if the sanitary conditions are not adequate? Who else if not?

It is recommended to inform in the following order:

  • the designated worker or the Covid-19 manager if there is one;
  • the occupational physician;
  • Health Inspection;
  • The ITM

 

Source: https://www.astf.lu/lifting-containment-measures-de?lang=de

6. I had taken leave before the COVID-19 crisis and it was validated by my employer. Can the latter cancel it now because of the many absences in the company?

Yes, this is now possible since April 3, 2020.

The Government has indeed voted on April, 3 a Grand-Ducal Regulation (GDR) which says that during the state of crisis, employers affected by the application of the Article 5, paragraph 2 of the amended Grand-Ducal Regulation of March 18, 2020 may refuse any leave request and cancel any leave already granted.

However, ALEBA wishes to clarify that this GDR does not affect the right of cancellation of the leave by the employee nor does it authorize the employer to force the employee to take leave.

7. What to do with your 2019 vacation balance and 2020 vacation?

Some Employers, certainly influenced by the ABBL, are afraid of ending up with a stock of leave in the TSA (Time Savings Account) and would like to force Employees to take their planned leave. ALEBA’s position is clear: if you do not agree, do not accept it!

ALEBA recommends that its Employee representatives negotiate the following measures with their Employers:

  • Closing reference period on March 31: until the last minute to be paid when Employees were unable to recover;
  • 2019 holiday balance to be taken before March 31: voluntarily the Employer must transfer it in the TSA, if days are not taken (no loss);
  • Planned and validated leaves: the Employer must give Employee the free choice to cancel, maintain, extend or shorten his leave. There is no question of obligation in the situation we are currently facing.

ALEBA would like to point out, however, that in this difficult period of confinement and teleworking, disconnection is very important. The house has become the working place and often the hours spent on the computer are not counted. Longer term, nobody will be able to stand this situation from a psychological point of view, and the problem is, nobody knows how long the confinement will last.

This is why ALEBA encourages Employees to take some time off to disconnect, one day from time to time, or even more, to take a step back and devote 100% to their family, to take time for themselves, etc. This type of action has been proved to limit post-crisis trauma.

8. Why can't we force the employer to initiate homeworking when possible?

If the employment contract provides for a right to homeworking, then the employee can homework subject to the express terms provided for in the contract.

If the employment contract does not provide anything, then the employer remains the only one to decide on the right and the modalities of homeworking. The law does not allow the employee to require telework.

However, if the employee is a vulnerable person (people over 65, diabetics, people suffering from cardiovascular diseases, chronic respiratory diseases such as asthma or cancer, people with weak immune systems due to therapy or illness), he/she is strongly recommended to quickly contact his treating physician.

9. What about overtime during telework? Are they allowed? How to justify them? Will they be paid? What to pay attention to?

In principle, it is compulsory to have a control of the working time, even remotely (for example by badging at distance).

It is recommended to avoid working overtime in telework. If overtime seems necessary, you must first request authorization in writing from your manager / supervisor and enter it in one way or another.

Failing to obtain prior written authorization from your manager / supervisor to work overtime, do not perform overtime !

All authorized overtime hours must be paid.

INCREASED IN THE WORKING HOURS DURING THE CONVID-19 CRISIS

For the duration of the Covid-19 crisis and due to the increased activity in the essential activities and activities that have been authorised by the government (list of companies), the undertakings concerned may, subject to certain conditions, submit their application to the Ministry of Labour, Employment and the Social and Solidarity Economy for an increase in the working hours of their employees to a maximum of:

  • 12 hours per day;
  • 60 hours per week.

The application can be submitted online. It must include the following information:

  • the maximum number of daily and, eventually, weekly working hours applied for;
  • the number of workers concerned;
  • the staff delegation’s opinion;
  • where there is no staff delegation, the Minister may request the opinion of trade union organisations proving general national representativity. In this case, the trade unions concerned have to submit their opinion within 12 hours following the request;
  • the reason for resorting to these derogations in the context of the sanitary crisis;
  • the beneficial effects of the derogation;
  • the compensatory measures proposed to the employees concerned.

Applications must:

  • be limited to what is indispensable and strictly necessary;
  • be adequate and proportionate to the aim pursued. This purpose must be clearly stated by the employer in the application.

10. Can an employer force its employees to take their annual legal or unpaid leave?

No. If an employer makes the decision to oblige its employees to stay at home as a precautionary measure, it must specifically waive their obligation to perform their work, and continue to pay their salaries.

However, according to Adem, before being able to benefit from partial unemployment, all possibilities of maintaining a normal level of employment by the company’s own means must be exhausted. Planning holidays is part of own resources the company has to maintain a normal level of employment. Employees must therefore take the holidays of previous years to 2020 before benefiting from partial unemployment.

https://adem.public.lu/fr/support/faq/faq-chomage-partiel.html

Can an employer force its employee to take unpaid leave?

No. Unpaid leave must result from a bilateral agreement between the employee and the employer. Neither can impose it.

11. Can the employer require that the working time exceeds 10 hours / day and / or 48 hours / week?

Yes, it is possible following the publication of the Grand-Ducal Regulation of March 27, 2020 introducing a derogation from Article L. 211-12 of the Labor Code.

For the duration of the Covid-19 crisis and due to the increased activity in the essential activities and activities that have been authorised by the government (list of companies), the undertakings concerned may, subject to certain conditions, submit their application to the Ministry of Labour, Employment and the Social and Solidarity Economy for an increase in the working hours of their employees to a maximum of:

  • 12 hours per day;
  • 60 hours per week.

The application can be submitted online. It must include the following information:

  • the maximum number of daily and, eventually, weekly working hours applied for;
  • the number of workers concerned;
  • the staff delegation’s opinion;
  • where there is no staff delegation, the Minister may request the opinion of trade union organisations proving general national representativity. In this case, the trade unions concerned have to submit their opinion within 12 hours following the request;
  • the reason for resorting to these derogations in the context of the sanitary crisis;
  • the beneficial effects of the derogation;
  • the compensatory measures proposed to the employees concerned.

Applications must:

  • be limited to what is indispensable and strictly necessary;
  • be adequate and proportionate to the aim pursued. This purpose must be clearly stated by the employer in the application.

12. Do employees have a "right of withdrawal" as in France in the event of danger in the workplace? (last update 21/04/2020)

Article L.312-4 (4) of the Labor Code allows the employee to leave his workplace “in the event of serious, immediate danger which cannot be avoided”. However, in the case of the current pandemic, this right must be used with caution and discernment.

Indeed, if it is possible to invoke this right, it is only in the event of proven danger (for example a proven case of COVID-19 in the premises of the company without the latter carrying out the sanitary cleaning measures). Mere fear outside of objective circumstances is not enough.

In addition, the danger must be linked to the employer, which excludes the fear of contamination in public transport.

The new grand-ducal regulation of April 17, 2020 adds the clarification that the employee who, “in the event of serious, immediate danger and which cannot be avoided”, moves away from his work station or from a dangerous zone, may suffer no prejudice.

The termination of an employment contract from the employer is abusive.

13. I am on parental leave and wish to resume my work due to the current situation related to COVID-19. Is it possible ?

Are you an employee or a self-employed person currently on parental leave?

Due to the current situation related to the coronavirus COVID-19, you are exceptionally allowed to interrupt your current parental leave in case of:

  • professional obligation;
  • necessity to resume your professional activity.

This interruption of the leave is considered to be motivated by an external cause. Thus, the allowances already received are not to be reimbursed.

At the end of the interruption, you may, subject to the agreement of your employer if you are an employee, take the portion of the parental leave remaining at the time of the interruption.

To request the interruption of your parental leave, complete this form and send it to the Children’s Future Fund (Caisse pour l’Avenir des Enfants – CAE).

 

Source: www.guichet.lu 

14. Can an employee decide to stay at home because he believes that going to the office compromises his health?

Non !

No !

It is the employer’s obligation to guarantee and provide a safe and healthy workplace.

The fact that an employee does not show up at his workplace without justification may constitute grounds for the employer to dismiss him with immediate effect.

If you are a vulnerable person, it is imperative to contact your attending physician, even in the absence of any symptoms, to see what the latter recommends.

As for the possibility of teleworking, we take the liberty of referring you to question 1) above.

15. Have you just been laid off following the Coronavirus crisis?

  • ALEBA response: If you find yourself in such a situation, please contact ALEBA as soon as possible by sending an email to legal@aleba.lu. COVID-19 is not as such, a valid reason for termination.
  • Gouvernement’s response: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

What is the simplified procedure for registration and application for unemployment benefits when workers lose their job due to the consequences of the COVID-19 pandemic?

Workers who lose their job due to the consequences of the COVID-19 pandemic are requested to complete the online form made available on ADEM’s website: https://adem.public.lu/en/support/inscription.html.

ADEM’s employment counsellors will then contact the jobseekers by phone or email to finalise their registration.

The data mentioned on the online form will also be used to check whether the conditions for obtaining unemployment benefits are met. ADEM employment counsellors will contact the jobseekers concerned by telephone in order to prepare the application for unemployment benefits.

It is therefore not necessary to go to an ADEM agency in person to register or to apply for unemployment benefits.

 

Source : https://meco.gouvernement.lu/fr/dossiers/2020/coronoavirus-entreprises.html

16. Do quarantined employees continue to be paid?

During the quarantine period covered by the medical certificate of incapacity for work, employees receive the cash sickness benefit.

 

Source: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

17. Can the employee refuse to go to work for fear of catching the coronavirus?

No

 

https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

18. Can an employee ask his/her employer to allow him/her to work from home out of fear of the coronavirus?

Yes, but the employer theoretically has no obligation to comply with the request.

However, since employers are required to encourage their employees to work from home, requests will only be refused due to operational requirements.

 

https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

19. Can the employer prematurely terminate a fixed-term contract?

No !

An employee on a fixed-term contract must be treated in the same way as an employee on an open-ended contract.

The CDD will not end until the expiry of the CDD as fixed in the contract.

20. Can the employer exempt certain employees from working and oblige others to take vacation or recuperation leave?

No !

The employer cannot in any case, for whatever reason, require an employee to stay away from work by taking time off from work.

According to the Labor Code, the leave must be taken by mutual agreement with the employee and may in no case, except for collective holidays, be imposed by the employer.

21. I live with a person at high risk of infection (medical staff, delivery person, supermarket employee ...), what are my rights?

If you live with a person at high risk of infection or an infected person, we strongly recommend that you inform your employer immediately.

However, you have no special rights to telework as a result.

III. INCAPACITY FOR WORK AND SICKNESS BENEFITS (NEW)

1. Suspension of the counting of the 78 weeks of incapacity for work

The legislation provides that an employee may not exceed 78 weeks of incapacity for work due to illness over a reference period of 104 weeks.

Due to the exceptional situation caused by the spread of Covid-19, the government decided to exclude the days of incapacity for work due to illness since the beginning of the state of crisis in the calculation of the 78-week limit.

In practical terms this means that any days of incapacity for work between 18 March 2020 and the end of the state of crisis are not taken into account for the calculation of this limit.

This measure concerns all insured persons who are unable to work due to illness duly attested by a doctor.

More info: www.guichet.lu

2. Financial coverage of benefits in the event of incapacity for work

Furthermore, when an employee is unable to work due to illness, the employer must continue to pay the concerned employee’s salary for a period determined by law. Up to 80 % will the be reimbursed to the employer. After this statutory period, the financial compensation is directly covered by the sickness and maternity insurance.

The government has decided that as of 1 April 2020 and until the last day of the month in which the state of crisis ends, all days of incapacity for work due to illness or for a gradual return to work will be charged directly to the sickness and maternity insurance.

Employers will therefore not need to continue to pay wages for the days of incapacity to work due to illness or for a gradual return to work between 1 April and the last day of the month in which the state of crisis ends.

The insured person must therefore send their medical certificate to the National Health Fund (CNS) as soon as possible, and no later than the 3rd day of incapacity for work.

The CNS will transfer the financial compensation due on the basis of the medical certificate received. The CNS will send the insured person a salary statement containing the details of the transfer at the end of the month.

The amount of the compensation is established on the basis of the data available to the CNS at the time of the calculation according to the rules determined by the Social Security Code.

After the end of the state of crisis, the employer must provide the employee concerned with a statement. This statement gives details of the remuneration that would have been due for the period in question under the continuation of pay mechanism (“Lohnfortzahlung”). The employer must regularise any discrepancies with the compensation transferred by the CNS.

This measure applies only to financial compensation due for incapacity for work due to illness and for the periods of gradual return to work for therapeutic reasons granted.

Days of special leave, which are fully reimbursed to the employer by the competent social security institutions, are excluded from this derogation. This concerns:

  • leave for family reasons (including the leave applicable in the event of an epidemic or pandemic);
  • family hospice leave;
  • the new family support leave introduced on 3 April 2020 (applicable retroactively from 18 March).
For these days of special leave, the usual procedure still applies: the employer pays the employee’s salary during the special leave, then the employer is reimbursed by the Employers’ mutual insurance scheme on the basis of the monthly declarations that they have to send to the Joint Social Security Centre.

More info: www.guichet.lu

IV. SHORT-TIME WORKING (chômage partiel)

1. Which employees are eligible for the new short-time working scheme linked to COVID-19?

The following are eligible:

  • employees on permanent and fixed-term contracts (contracts must be in progress at the time of the occurrence of force majeure);
  • apprentices in initial and adult learning.

2. How much will I be paid?

The employer can decide to maintain the salary level of its employees in full.

He must pay them compensation compensation which corresponds to at least 80% of the normal reference salary, but which cannot be less than the amount of the minimum social salary for unskilled workers, ie € 2,141.99.

This also applies to adult apprenticeships, but not to apprentices in initial training who continue to receive their apprenticeship allowance.

Any difference between the amount of the compensation allowance and the unqualified minimum social wage will be paid by the Employment Fund.

3. Does the employee whose employer uses short-time working have any formalities to accomplish?

No, employees placed on short-time working have no steps to take. They will be informed by the employer or the staff delegation and will continue to be paid.

4. Will my employer be reimbursed by the state?

The state reimburses the employer for compensation.

The amount reimbursed by ADEM will be capped at 80% of the monthly salary, without exceeding 2.5 times the unqualified minimum social salary (5,354.98 euros in the index 834.76).

Any difference between the amount of the compensation allowance and the unqualified minimum social wage will be paid by the Employment Fund.

5. What is the procedure for companies?

In order to speed up and facilitate the procedure for applying for partial unemployment for force majeure linked to the COVID-19 crisis, ADEM, in close collaboration with the secretariat of the Economic Committee and the Technology Center State Information (CTIE), has set up a new automated system which allows companies to submit their request for partial unemployment via an online form on www.guichet.lu/cocp

This request must be made every month.

Companies make their request using secure authentication (LuxTrust product (for example Token, Smartcard or Signing stick) or electronic identity card].

They also have the possibility of having their request submitted by their representative (a trustee), for example if they do not have a LuxTrust product.

The data collected will be processed by ADEM in an automated manner. The application was designed to be as simple as possible for businesses.

Since March 27, 2020, companies must use the form available on www.guichet.lu to make their request (requests by post, e-mail or fax will no longer be accepted).

Requests from companies that can no longer carry on their activities following government decisions in March 2020 will be directly processed by ADEM.

Requests from other companies will only be processed after the approval of the Economic Committee.

In both cases and as soon as the request is accepted, ADEM will pay the companies an advance. This advance corresponds to 80% of the salaries of workers affected by short-time working and will allow companies to quickly obtain liquidity.

After the end of the month, the company will have to make a detailed statement mentioning the hours actually worked. On the basis of this statement, ADEM will calculate the sums actually owed by the Employment Fund. In the event of an overpayment, the company will be required to reimburse.

6. Which companies are eligible for the new short-time working scheme linked to COVID-19?

Companies which can no longer carry on their activities following a government decision are automatically eligible for short-time working without the approval of the Economic Committee.

All the other companies which have suffered a drop in activity linked to the coronavirus crisis must receive the approval of the Economic Committee in order to be eligible for short-time working.

Temporary employment agencies are also eligible with regard to their employees whose contract of assignment continues but who can no longer carry on their activity. Both types of companies must apply using the same form on www.guichet.lu.

7. What about companies that have already applied on the basis of the old form?

Requests received by the secretariat of the Economic Committee by mail, e-mail or fax are being processed. Given the extremely large number of requests received, this processing may last until April 3, 2020.

Companies whose request was incomplete and therefore cannot be processed will be contacted by ADEM.

8. Should employees have exhausted their right to leave before becoming unemployed partial?

According to ADEM, before being able to benefit from partial unemployment, all possibilities of maintaining a normal level of employment by the company’s own means must be exhausted. T

he arrangement of holidays is part of the company’s own means for maintaining a normal level of employment. Employees must therefore pay the holidays of years prior to 2020 before benefiting from partial unemployment.

More details:

https://guichet.public.lu/en/entreprises/sauvegarde-cessation-activite/sauvegarde-emploi/chomage-partiel-technique/chomage-partiel-coronavirus.html

https://adem.public.lu/en/support/faq/faq-chomage-partiel.html

IV. CROSS-BORDER EMPLOYEES

1. I am a cross-border worker, will I receive a box of masks?

Yes, all cross-border workers working in the Grand Duchy can benefit from a batch of 50 disposable surgical masks.

The army has set up twelve distribution sites for surgical masks across the country for cross-border workers. The sites will remain open daily until 24 May 2020.

All cross-border workers receive a letter with a voucher to collect their surgical masks at a site of their choice within two weeks after receipt of the letter. In order to avoid an excessive influx on the same date, the sending of the letters has been spread over 5 days.

 

Source : https://msan.gouvernement.lu/en/dossiers/2020/corona-virus.html

2. I am a cross-border worker, can I get tested in Luxembourg?

Yes, any person who is affiliated to the Luxembourg social security system and who falls into one of the cases for which tests are indicated can be tested in Luxembourg.

Can I have my children tested in Luxembourg?

Yes, if they are insured in the name of the cross-border worker.

Can I have another person in my household tested in Luxembourg (my husband/spouse/partner?

No, unless if he/she in turn is insured in Luxembourg.

Can I get tested in Luxembourg with a prescription from a French, Belgian or German physician?

Yes, under the principle of recognition of prescriptions within the EU.

What should I do if my test is positive?

The Health Directorate informs the authorities in the border countries that one of their nationals has been tested positive so that follow-up can be ensured in the country of residence. The regulations of the country of residence apply.

 

Source : https://msan.gouvernement.lu/en/dossiers/2020/corona-virus.html

3. What documents do commuters need to cross the border between Luxembourg and France exempted from restrictions?

To make it easier for cross-border workers from France to enter Luxembourg during possible border controls, the Luxembourg government has issued a certificate to prove the employment relationship with the employee.

The certificate attesting the employment relationship with the employee must be completed and signed by the employer. This certificate serves as proof of the necessity to cross the border between France and Luxembourg in the context of COVID-19.

Thus, upon presentation of this certificate, along with:

all cross-border workers residing in France will be exempted from restrictions on border crossings between France and Luxembourg.

These documents are available on government.lu.

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

4. Which certificate does a cross-border worker from Belgium need to make it easier for him to enter Luxembourg?

In order to make it easier for cross-border workers to enter Luxembourg during border controls, the Luxembourg government has issued a certificate to prove the employment relationship of the employer with the employee.

This certificate serves as proof of the need to cross the border between Belgium and Luxembourg under the COVID-19 situation. Upon presentation of the form, cross-border workers residing in Belgium will thus be exempted from border crossing restrictions between Belgium and Luxembourg.

This document is available on gouvernement.lu.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

5. Which certificate does a cross-border worker from Germany need to make it easier for him to enter Luxembourg?

In order to make it easier for cross-border workers to enter Luxembourg during border controls, the Luxembourg government has issued a certificate to prove the employment relationship of the employer with the employee.

This certificate serves as proof of the need to cross the border between  Germany and Luxembourg under the COVID-19 situation. Upon presentation of the form, cross-border workers residing in Germany will thus be exempted from border crossing restrictions between Germany and Luxembourg.

This document is available here..

6. What does the special agreement between Luxembourg and Belgium provide concerning the taxation of telework of Belgian-resident cross-border workers?

As a result of the public health situation related to the COVID-19 crisis, many cross-border workers will have to increasingly work from home in the coming days and weeks.

The final protocol of the Belgian-Luxembourg Convention provides for a rule of tolerance allowing a cross-border worker to exercise his activity for a maximum of 24 days outside the country they usually work in while remaining taxable in that country.

The Belgian and Luxembourg authorities have agreed that the current coronavirus situation constitutes a case of force majeure, for which no days are to be counted under the 24-day rule.

It has therefore been decided that as of Saturday, 14 March 2020, the presence of a worker at home, in particular to carry out telework, will not be taken into account in the calculation of the 24-day period.

This measure is applicable until further notice.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

7. What has changed concerning the taxation of telework of French-resident cross-border workers?

Since the entry into force of the new Franco-Luxembourg tax treaty, signed in 2018, French cross-border commuters can telework from France for up to 29 days for their Luxembourg employer without the related remuneration being taxed in France.

The French and Luxembourg authorities have agreed that the current coronavirus situation constitutes a case of force majeure.

It has therefore been decided that as of Saturday, 14 March 2020, the presence of a worker at home, in particular to carry out telework, will not be taken into account in the calculation of the 29-day period. This measure is applicable until further notice.

The specific provisions of these decisions, which take effect from 14 mars 2020, will be communicated at a later date.

 

Source: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

V. SPECIAL LEAVE FOR FAMILY REASONS

1. What are the general principles governing extraordinary leave for family reasons?

In the context of the measures adopted by the Government to contain the spread of the coronavirus, a special leave for family reasons has been set up for those parents who have to look after their child(ren) under 13 years of age, and have no other possible option for childcare.

The parents may alternate their special leave for family reasons, one parent at a time. It is not possible for both parents to take this special leave for family reasons at the same time. This family leave is not cumulative with short-time work.

This special leave for family reasons in the context of the COVID-19 crisis has no impact on the number of days of normal leave for family reasons parents are usually entitled to.

As from 30 March 2020 a new form for the family leave in the context of COVID-19 needs to be introduced. Further information, a Q&A section as well as the form to request the special leave for family reasons are available on guichet.lu.

Please submit the form to cns-crf@secu.lu (or cns-crf-nonsalaries@secu.lu for non-salaried or self-employed workers). These email addresses are to be used ONLY for sending the said form. It is not possible to answer any questions that may be asked.

If you cannot submit it electronically, please send it by NORMAL mail (NOT REGISTERED!).

2. Who can benefit of this leave?

One parent who is affiliated to the Luxembourg social security scheme (including non-residents) of one or more children under 13 years of age provided that they are schooled and are concerned by the temporary closures of teaching structures in primary and secondary education, vocational training, childcare (crèches, daycare centres (maisons relais)…) etc. etc.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

3. The form does not indicate a starting or ending date. What should one do?

The form only serves to attest to the parent’s employer and to the CNS that the parent is taking leave for family reasons. There is no need to indicate on the form a date for starting or ending the leave.

The form only serves to attest to the parent’s employer and to the CNS that the parent is taking leave for family reasons. There is no need to indicate the start and end dates of the leave on the form.

The parent must contact his/her employer to inform it that he/she is taking leave for family reasons. The parent must also inform his/her employer of the days (or half-days) he/she will be taking as leave for family reasons.

Thereafter, it is the employer that informs the social security institutions of the specific days.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

4. Does the certificate of leave for family reasons take precedence over homeworking?

Yes, the leave for family reasons (LFR) certificate is a valid reason for absence from work.

Either the employee is at work and the employer chooses the work mode: telework or on-site work.

Either the employee has a reason for absence: LFR or sick leave.

5. The child of the employee is 13 years old. Can he take leave for family reasons?

The statutory age limit for the child is the day before its 13th birthday. Parents of children who are 13 or older cannot take leave for family reasons under the present arrangements. Only the parents of children in hospital who are 13 or older are entitled to take leave for family reasons, and the number of days is limited to five (Art. 234-52 of the Labour Code).

For disabled children who are over 12 years old, the Government will soon be deciding on special measures aimed at supporting the parents concerned. These measures will be communicated as soon as possible.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

6. The child of the employee is 13 years old and he cannot take leave for family reasons. What can he do?

If parents are not able to take leave for family reasons, they may contact their employer with a view to working from home insofar possible.

Parents can also ask a neighbour or relative to look after their children. Nevertheless, a vulnerable person or a member of a group at risk should not be involved in childcare.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

7. Can the employer refuse leave for family reasons at the same time?

No. If the parent has followed the statutory procedure (i.e. informing his employer and submitting the form, duly completed), the employer cannot refuse to allow the parent to take leave for family reasons. The request has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

 

Source :https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

8. I have taken leave for family reasons. Can I stop the leave and work for a few days, then go back on leave?

Yes.

A parent can interrupt and divide the leave into distinct periods as necessary. But the employer must be informed of any change as quickly as possible.

It is only necessary to complete and send one form per parent at the start of the leave.

Leave for family reasons can be taken per hour (and not only during half or full days).

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

This will give more flexibility to the person concerned, and to a certain extent, limit the use of leave for family reasons to the periods of time where it is actually needed.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

9. I would like to alternate the leave with my husband/wife - is that possible?

Yes.

Both parents can alternate leave according to their needs, on condition that both parents are affiliated to the Luxembourg social security scheme.

Each parent must fill in a separate form.

Example 1:

  • Parent 1 – Mondays and Tuesdays
  • Parent 2 – Wednesdays, Thursdays and Fridays

Example 2:

  • Parent 1 – mornings
  • Parent 2 – afternoons

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

10. Can I take leave on an hourly basis?

Yes.

Leave for family reasons can be taken per hour, and not only during half or full days.

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

11. Can I look after a child of whom I am not a parent but who is in the care of the household in which I live?

Yes, leave for family reasons can be taken by any member of a “patchwork” family who is not the child’s biological parent, if it is imperative that the child’s parent be present at their workplace.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

12. I'm on maternity (or parental) leave. Can my husband/wife take leave for family reasons?

In principle, if one parent is on maternity or parental leave, the other parent ought to continue working, possibly from home.

As a last resort, however (if there are no other options), it is possible to take leave for family reasons while teaching structures are closed.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html