CovidCheck at work – ALEBA will defend its members in case of damage arising from an employment relationship.
Following the introduction of the new Covid law of July 17, 2020, amended on December 16, 2021, ALEBA commissioned a study from a team of lawyers, which was intended to be neutral and strictly based on labour law.
The least we can say is that the conclusions of such legal opinion are very disturbing and lead us to react through our union: the law that was passed does indeed infringe on fundamental rights and could prove problematic for certain employees.
While we understand the importance of vaccination, holding hostage the fundamental right to work in order to force employees to be vaccinated would be disproportionate and discriminatory towards those who cannot/will not be vaccinated, a discrimination that ALEBA cannot accept.
Furthermore, by not allowing all employees to come to work freely, the law penalizes those with a valid CovidCheck by making them support the workload of colleagues who do not have one.
Thus, the law creates unacceptable tensions between employees because of their life choices, which is not tolerable.
Finally, the law of December 16, 2021 is not precise enough on many points (in particular regarding the coverage of testing costs), leaving the details to the labour courts whose role it is not.
Given the importance of such measures, all employees, and all companies in the country, are once again caught between a rock and a hard place.
Please find the summary of ALEBA’s legal opinion by clicking here.
ALEBA, together with NGL/SNEP, has decided to take its responsibilities in a neutral manner and away from any political consideration, and without any other goal than the protection of interests of all its members.
In view of the above, ALEBA and NGL/SNEP will support each of their respective members who would prove a real prejudice following the implementation of this law as part of their working relationship.
However, we remind you that the legal support of our members remains subject to conditions, each case being unique.
We therefore invite all employees in the country, from all sectors, to stand up with ALEBA and NGL/SNEP, against the disease, not through laws which violate the integrity of citizens and cross-border workers, but rather in a rational, thoughtful way that makes sense, with all due respect to both workers and employers.
ALEBA and NGL/SNEP would like to remind their members to keep all kind of evidence of damage and ask employers to encourage remote-working whenever possible, take in charge testing costs for all employees required to travel to their workplace as well as maintain the barrier gestures within the company.
Let’s get out of the crisis together, not by dividing employees!
Roberto Mendolia, President, (firstname.lastname@example.org / +352 661 952 423)
Jean–Jacques Rieff, Vice-President, (email@example.com / +352 621 146 215)