Enhanced protection against dismissal: ALEBA welcomes the decision to temporarily suspend Article L. 121-6 of the Labour Code

Article L. 121-6 of the Labour Code requiring employees to send in their certificate of incapacity for work within three days has been temporarily suspended.

This was indicated by the Government Council on 25 November. This deadline cannot necessarily be respected by the employee in the event of quarantine or isolation decided in the context of the fight against the Coronavirus, due to delays in the transmission of orders to be used as a certificate of incapacity for work.

By suspending this article, the Government decided that employees could continue to benefit from the protection against dismissal offered by labour law.

On this point, the ALEBA welcomes the Government’s decision and recalls that every worker must, in this period of turmoil caused by the Covid-19 pandemic, be protected as much as possible, and of course against dismissal.

The ALEBA reminds that in order to be able to justify an absence from work and to benefit from sick leave, the employee must send to his employer and to the health insurance fund in due time the medical certificate drawn up by a doctor attesting both the incapacity to work and its foreseeable duration.
In the case of absence for more than two working days, a medical certificate of incapacity for work is required for the CNS (the 13-digit Luxembourg national identification number must be indicated on it).

The employer may require a medical certificate from the first day of absence. The employee must:

– send Section 1 to the CNS no later than the third day (date of postmark) of his incapacity for work.
– send Section 2 to their employer (or their representative) on the third day of absence at the latest (it is best to inform them of this on the first day);
– keep part 3.

When the employee cannot be certain of timely delivery by post, particularly when he or she is abroad, it is advisable to use other means of transmission: by fax, or by email, for example, by asking for an acknowledgement of receipt. This will avoid any subsequent problems!

The frontier worker can of course have a certificate of incapacity for work issued by a doctor established in his country of residence.

The French work stoppage notice has a section No. 1 (to be sent to the National Health Fund) and a section for the employer.
The German “Arbeitsunfähig¬keitsbescheinigung” form has a section No 1 (to be sent to the National Health Fund) and a section for the employer.
The majority of certificates have only one section. It is necessary to ask the doctor for a duplicate in order to give it to the employer.

Because of the current difficulties in the operation of the postal services, insured persons residing in France and Belgium may, exceptionally, send their certificate of incapacity for work by e-mail to the following address: [email protected]

For more information : https://guichet.public.lu/en/actualites/2020/mars/18-certificats-incapacite-travail-frontaliers.html