Labour law: New measures to fight the pandemic and potential impact for Luxembourg employers

Source : NautaDutilh
6 octobre 2020 par
vanessa Icardi Serrami

The Act of 23 September 2020, which entered into force that same day, amended the Act of 17 July 2020 introducing measures to fight the Covid-19 pandemic.

Some provisions of the new act could have an impact for Luxembourg employers:

Article 1(8) of the Act of 17 July 2020 now specifies that face shields are not considered devices that properly cover the nose and mouth. The protection they provide is not equivalent to that of a face mask and is therefore considered insufficient. Employers that provided their employees with face shields are advised to offer face masks instead.

Disabled individuals and those with certain conditions are no longer required to wear a face protection provided they possess a medical certificate justifying this exemption. Employers currently hiring such individuals are advised to acknowledge their needs and make arrangements to ensure the health and safety of all employees (where required).

The quarantine period in the event of infection has been reduced from two weeks to ten days. This is an important modification, especially for employers facing difficulties in the organisation of work due to the absence of infected employees. It should be recalled that infected employees are granted a medical certificate excusing their absence from work for (at least) ten days, meaning the employer may not dismiss them during this period or ask them to work remotely.

The Act of 23 September 2020 also modified the period of validity of the Act of 17 July 2020, which will now remain in force until 31 December 2020 (rather than 30 September 2020).