Covid-19: Labour law measures applicable to specific activities
Posted - 12.05.2020
In the context of the Covid-19 outbreak, for certain activities specific labour law measures have been implemented, such as increase of the working time, possibility to refuse annual leave requests and/or cancel annual leave, suspend the medical examinations, maintain rights to early retirement allowances.
Working time increase
For a certain number of activities listed in Article 3 (2)1 and article 52 of the Grand Ducal Regulation dated 18 March 2020 introducing a series of measures in the context of the fight against COVID-19 as amended, during the state of crisis period, the maximum working time may be extended up to 12 daily hours and 60 weekly hours (instead of 8 hours per day and 40 hours per week).
Until 11 May 2020, the weekly working time of fixed-term contracts concluded with students could have been extended up to 40 hours (instead of 15 hours) on average period over one month or 4 weeks.
This increase in working time shall be limited to what is strictly necessary. It must be adequate and proportionate to the aim pursued.
Prior information and consultation of the staff delegation is required. In addition, a duly motivated request must be submitted to the Labour Ministry, including information on the maximum daily and weekly working hours, the number of employees concerned, the opinion of the staff delegation, the reasons for the increase in working hours, the beneficial consequences and the compensation provided to the employees concerned.
Possibility to refuse annual leave requests and/or cancel annual leave
Companies whose activities are essential for the maintenance of the vital interests of the population and the country (as listed in Article 52 of the Grand Ducal Regulation dated 18 March 2020 introducing a series of measures in the context of the fight against COVID-19 as amended) may refuse employees’ annual leave requests or may cancel any annual leave already agreed with the employees during the period of the state of crisis.
Suspension of the medical examinations for health personnel
As per Grand Ducal Regulation dated 1 April 2020 derogating from the provisions of Articles L. 322-2 and from L. 326-1 to L. 326-12 of the Labour Code, as amended on 3 April 2020 and repealed on 11 May 2020, statutory medical examinations of healthcare professionals, administrative staff in hospitals and employees in the aid and care sector were suspended for the duration of the state of crisis period (whether at the recruitment process or on a periodical basis).
Rights to early retirement allowances
As per Grand Ducal Regulation dated 1 April 2020 derogating from the provisions of Article L. 585-6 of the Labour Code repealed on 11 May 2020, employees benefiting from early retirement allowances who took over their activity during the state of crisis with companies exercising certain type of activities (as listed in Article 3 (2)1 and Article 52 of the Grand Ducal Regulation dated 18 March 2020 introducing a series of measures in the context of the fight against COVID-19 as amended) did not lose their right to early retirement allowances. The payment of such early retirement allowances will cease only during the state of crisis period.
- 1. Activities such as commercial shops selling mainly food products or animal feed or hygiene, washing and sanitary equipment products; pharmacies; opticians, orthopaedists and audioprosthetists; telecommunications service businesses; fuel and gas stations; passenger transport activities; distributors and shops specialising in medical and health equipment; medical pedicure limited to medical and non-cosmetic care; press distribution businesses; financial and insurance institutions; postal services; dry-cleaning and laundry services; funeral services; troubleshooting, repair, relocation and remediation activities; maintenance activities necessary for safety reasons.
- 2. Activities that have been declared as essential for the maintenance of the vital interests of the population and the country, such as public services necessary for the proper functioning of the State; health and care sector (including hospital activities and medical analysis laboratories); production and distribution of energy and petroleum products; power supply; water production and distribution; collection and treatment of wastewater; waste removal and management; public transport; transport, transhipment and freight forwarding services; systems for the exchange, payment and settlement of instruments; postal and telecommunication services; security, cash transportation and cleaning services; essential activities linked to the functioning of the financial sector and the insurance and reinsurance sector.