CovidCheck at the workplace

Further to the latest announcements regarding the mandatory use of the CovidCheck system in the workplace and the negotiations between the government and the trade unions, new measures were implemented by a law dated 16 December 2021. You will find below the key take-aways.

Principles: 

• Time period? From 15 January 2022 to 28 February 2022. Depending on the pandemic situation by then, the possibility might be renewed.  
• Obligation? Yes, to all employers on the Luxembourg territory. 
• 2G or 3G? 3G (tested, vaccinated or cured) for employees to enter the premises but 2G (vaccinated or cured) to enter the canteen. The employer remains free to choose between 2G and 3G for the access to internal meetings or access by clients / visitors to the premises  

Legal and practical aspects: 

1. Checking the status

• Who is responsible for the check? The employer, who can delegate the check to a third-party provider (e.g. reception desk in multi companies building).
• ID check? In addition to checking the Covid status, the employer shall verify the identity of the employee (via the presentation of an official ID document).
• How many times a day? It is possible to do the check once a day only, when the employees start their work day. 
• Can the check be done remotely? There is no clear answer yet but the idea of checking the certificate via a video call has been discussed and what is important in the end is for the employer to comply with its checking obligation.  
• Can the employer make a listing of vaccinated or cured employees in order to ease the process? Yes, from 15 January 2022 to 28 February 2022, vaccinated or cured employees can voluntarily be put on a list to be held by the employer in order not to be checked every day. This list shall be destroyed on 28 February 2022. The employees can however ask to be removed from the list at any time and without justification. 
• What type of data can be on the list? Name of the employee and validity date of the certificate. 
• What if an employee shows up at 8 am with a PCR certificate that expires at 2 pm? The employee is admitted in the premises for the whole day. 

2. After the checking

• The employee does not show a valid certificate: the person will be sent home. If the employee agrees, it will be deducted from their paid leave balance. If they disagree, the employee will not be paid on that day (but will remain affiliated to social security). 
• Can the employee request to telework? The employee cannot impose the measure, it needs to be agreed between the employer and the employee. 
• Dismissal? No, an employee who does not show a valid certificate cannot be dismissed. 

3. Who pays for the tests? 

• Non-vaccinated employees: they bear the costs of the tests
• Employees waiting to receive their second jab: they will receive from the Government 5 vouchers per week to get tested.