News Luxembourg Social Law COVID-19 | Dentons - JDSupra - JD Supra
From 15 January 2022, the Covid-Check will become compulsory in the workplace.
Who falls under the Covid-check scheme?
Any employee, public official or independent worker must present a certificate attesting their vaccination, recovery, or a negative covid-test. The employer may check the identity of the certificate holder thanks to their identity card. An employee, public official or independent worker who cannot be vaccinated against Covid-19 for health reasons, must present a negative test certificate or the result of a self-test carried out at the workplace. To facilitate the verification of the certificates, the employer may draw up a list of those who have been vaccinated or recovered, the registration on this list being done on a voluntary basis. This list will include surnames, first names and the validity period of the certificate (employees, or public officials). Those registered on said list have the right to ask for the withdrawal of their surnames at any time and without justification. This list has a limited validity period, which must be destroyed at the end of the prescribed period in the law governing said limitation. The employee (or public official) who refuses to be registered on this list, should not suffer any consequences and the employer should give his staff the opportunity to be checked every day.
What happens if an employee refuses to present his certificate?
Any employee who refuses or is unable to present their vaccination certificate, or a recovered certificate or a negative test will not be allowed to access their workplace. They will be able to take statutory leave. If any agreement is reached or if the employee refuses to use their statutory leave, they will lose a part of their income corresponding to the hours not worked.
Non-presentation of an eligible certificate to the Covid-check or the absence on the workplace cannot constitute grounds for dismissal. Any termination of the contract on these grounds would be null and void.
The employer who fails to comply with his obligation to carry out a check risks an administrative fine of 4000 euros for violating this legal provision, which constitutes a criminal offence. This fine will be 8000 euros in the event of a repeated offence.
Finally, the employee who accesses their workplace without a valid certificate is also liable to a fine between 500 and 1000 euros.
source: https://www.jdsupra.com/legalnews/news-luxembourg-social-law-covid-19-6193849/
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