Luxembourg: Your checklist before the CovidCheck 3G regime becomes enforceable at your workplace

In brief

On 15 January 2022, the 3G scheme will become compulsory for employees of all companies established in the Grand Duchy of Luxembourg.

This means that, as from that date, only vaccinated, recovered or tested employees can have access to the workplace. Employers or their delegates must monitor that the 3G rules are complied with.

What should employers do in practice?


My CovidCheck list as an employer

Before 15 January 2022:

  • I understand that 3G stands for 'geimpft' (vaccinated against), 'genesen' (have recovered from) or 'getestet' (have a negative test result), hence the 3G acronym, and that the 3G scheme must be mandatorily implemented within the company on 15 January 2022.
  • I identify which areas of the company shall be subject to the 3G regime, i.e., the areas my '3G' employees may access without wearing their masks and while observing social distancing.
  • I assess whether the access of persons other than the employees (i.e., clients, suppliers or service providers) to all or part of the company's premises is also subject to the obligation to present a valid certificate.
  • I rule whether I should monitor compliance with the 3G regime within the company by myself or I should appoint one or more employees or third-party service provider(s) to (i) perform such a control, i.e., check every employee's (and externals, as the case may be) valid certificate and associated proof of identity and (ii) maintain a list of persons who voluntarily accept to be registered therein.
  • I prepare a template list that may only contain the names of the employees who have been vaccinated or reinstated and the period of validity of the authorized certificates to facilitate the checks.
  • I prepare a template declaration of consent to be signed by each employee wishing to be added on the abovementioned list, bearing in mind that each employee may request to be removed from the list at any time and without explanation.
  • I install the mobile application on a smartphone or tablet to proceed with the checks, and I (or my delegates) know how the application works.

From 15 January 2022 to 28 February 2022:

  • I (or the person(s) to whom I have delegated the duties to make checks) cannot give access to the workplace to any employee who fails to present a valid certificate and proof of identity.
  • I acknowledge that the time needed to carry out the check on the employee(s) should be considered as working time.
  • I do not have the obligation to pay — but may do so — for any test to be carried out by my employee(s), and I understand that the time needed to accomplish the test should not be considered as working time.
  • I may agree on telework, taking leaves or other work arrangements with the employee(s) but I am not obliged to. As the case may be, the existing employment contracts may need to be amended.
  • I acknowledge that in case the employee fails to present a valid certificate and to prove their identity, and no other work arrangements have been agreed upon, the concerned employee's contract is maintained but they are not entitled to remuneration for the hours not worked as a result; likewise the concerned employee is not eligible for partial unemployment.
  • I acknowledge that failure to present a valid certificate or absence from work as a result may not constitute a ground for dismissal or disciplinary action.
  • I acknowledge that the unpaid period is treated as a period of actual work to determine the paid leave, as well as the legal and contractual rights linked to the concerned employee's seniority.
  • I (or the person(s) in charge of making the checks) cannot give an external person access to an area where the 3G scheme is applicable unless that person presents a valid certificate and proof of identity.
  • I (or the person(s) in charge of making the checks) can give access to an external person in the areas where the 3G regime is not applicable without verifying the validity of their certificate nor their identity, provided that sanitary measures are followed (wearing face mask and observing social distancing).

1 March 2022:

  • I acknowledge that the list of employees maintained for the purpose of the checks must be destroyed.

For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

Contact Information
Annie Elfassi
Partner at BakerMcKenzie
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