In a recent press release, the Ministry of Health announced a red alert (ie, warning of high temperatures) within the context of the Heat Wave Plan. This article highlights the Labour and Mines Inspectorate's recommendations for employers in the event of high temperatures and heat waves.
The Law of 20 June 2020 introduces a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19 and modifications to the Labour Code. The law takes over from the grand ducal regulations that implemented certain employment law exemptions based on Article 32(4) of the Constitution, which became obsolete at the end of the state of crisis.
A new Grand Ducal Regulation has introduced a certified emergency allowance for self-employed workers during the COVID-19 pandemic. The new allowance is available for merchants, artisans and intellectual workers who work as self-employed persons, including insurance agents and brokers, and may be granted regardless of the number of employees.
This article provides information for employers with regard to the government's recommendations in the context of COVID-19. The recommendations include a preference for teleworking, the authorisation of employees to take extraordinary family leave, the use of short-time working to prevent dismissal of full-time employees, the use of quarantine as a preventative measure, the introduction of certificates for frontier workers and the introduction of a new tax measure.
In the event of disputes concerning absences from work, employees must provide proof of their agreement with their employer regarding leave requests; otherwise, their absence may be considered unjustified and could lead to dismissal. In a recent case, the Court of Appeal fully recognised the binding force of internal regulations on employers and employees – provided that the latter are aware of such regulations.