Luxembourg’s COVID-19 ExposureTest Account
On March 18, Luxembourg issued the prohibition of movement of all persons except under certain specific reasons, such as, going grocery shopping, going to work, and when seeking health care services. All cultural, social, festive, sportive and recreational activities are suspended. Company canteens are closed, unless a distance of two meters between every two people is respected. The Government has also prohibited all commercial activities, except for those listed in a Regulation (See here). The activities that are allowed to operate include businesses that mainly sell hygiene products, washing and sanitary equipment, financial and insurance institutions, maintenance activities required for safety reasons, and businesses which mainly sell food products.
The government has taken measures that provide for a mechanism that allows the governing bodies of any company or legal entity to hold their meetings, in particular meetings of shareholders and boards of directors, without requiring the physical presence of their members (See here). This mechanism will include the use of distance voting; or written circular resolutions; or videoconferencing; or any other means of telecommunication.
In addition, the time limits for the submission of reports for the attention of the Environment Agency are suspended until further notice (See here). In particular, this applies to the following: classified establishments; the installation of waste treatment facilities, etc.; the installation of polluting industrial establishments, etc.; establishments concerned by the SEVESO regulations.
For the duration of the Covid-19 crisis and due to the increased activity in core sectors with essential activities and activities that have been authorized by the government, businesses concerned can refuse all applications for leave or cancel each leave already approved (More info). In addition, these businesses may, subject to certain conditions, submit their application to the Ministry of Labor, 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 or 60 hours per week (See here; and here).
Also during the state of crisis, the 26-week period of protection against dismissal in the event of incapacity for work is suspended. Thus, sick leave during the state of crisis is not taken into account in the 26-week protection period. For this reason, the protection period cannot expire during the state of crisis. The remaining proportion of the 26 weeks at the beginning of the state of crisis will resume the day after the end of the state of crisis (More info).
The Minister of Labor imposes new obligations for employers who intend to resume their activities (More info). Employers are now required to limit the number of employees that are, or likely to be, exposed to risks due to the pandemic; inform and train employees on potential risks and precautionary measures to take; display signs to indicate the risks and the preventive measures that are taken; properly set up workstations and other areas of the workplace; and provide employees with individual and collective protection equipment and products such as masks, sanitizers, and soap. Employers are also required to ensure that their employees follow social distancing rules by keeping 2 meters distance, and if this is not possible, to wear a mask or other equipment that covers the nose and the mouth.
A platform has been set up to match supply and demand for personal protective equipment that are produced and supplied in Luxembourg (More info). The purpose of this platform is to gather information on raw materials, finished and semi-finished products, and skills and services relating to protective masks, visors, plastic protective screens, aprons, and disinfectants. It includes an “offre” section which allows suppliers and manufacturers to submit and display their offers. There is also a “Demande” section which allows the community to indicate their specific needs in terms of PPE.
Employers should continue to check with relevant authorities for the latest information: – http://legilux.public.lu/ – https://guichet.public.lu/en/entreprises.html