LexGo

COVID-19 legislation: almost all public health restrictions have now been lifted
14/03/2022

In our Newsflash of 22 February, following the adoption of the law of 11 February 2022, we reported on the relaxation of the health restrictions imposed by the law of 17 July 2020 introducing a series of measures to combat the COVID-19 pandemic (in particular, that the CovidCheck regime in the workplace had been made optional and that curfews had been abolished).

Due to the improvement in the main indicators and the epidemiological situation, the Luxembourg government has now relaxed restrictions once again, with the law of 11 March 2022 (the “Law”).

The main changes introduced by the Law are summarised below, and largely cover the abolition of the CovidCheck regime and the loosening of the obligation to wear a mask.

The CovidCheck regime has been abolished in the workplace except for care facilities (hospitals, retirement homes, etc.) and their staff, due to the high concentration of people vulnerable to COVID-19. Please note that in line with this, the prohibition on terminating the employment contract or imposing disciplinary sanctions for employees who refuse to show a valid certificate under the CovidCheck regime has also been abolished.

The CovidCheck regime has been abolished in restaurants, bars, cafés and canteens, both for the staff at these establishments and for their customers.

In addition, the CovidCheck regime has been abolished for establishments open to the public and for gatherings, protests and events. In principle, all members of the population can be permitted entry irrespective of their state of health or vaccination status.

The CovidCheck regime for use in care facilities remains in place, but has been relaxed from 3G+ to 3G. Lawmakers are of the view that “the fact that these establishments house a large number of particularly vulnerable people justifies selectively keeping in place more restrictive measures than for the general population” (bill no. 7971, 7-8). Under the Law, people with disabilities are no longer considered particularly vulnerable. Thus, sectors affecting this category of the population are no longer subject to specific restrictions.

Access to care facilities is now limited to those who can show that:

  • they became fully vaccinated less than 270 days ago or have received a booster shot, or
  • they have a negative PCR test less than 48 hours old or certified COVID-19 test less than 24 hours old, or
  • they have a certificate of recovery from less than 180 days prior.

In these care facilities, it is no longer necessary for vaccinated or recovered persons to do a self-test on site. However, unvaccinated persons without a certificate of recovery and/or with a certificate attesting to the fact that they should not be vaccinated must still show a negative PCR or certified test less than 24 hours old. Alternatively, they can do a self-test on site.

In view of the vulnerability of those who typically occupy care facilities, the requirement for staff, visitors and external providers to wear a mask has been maintained.

The public health restrictions on gatherings have been repealed (obligation to wear a mask, obligation to notify and/or obtain authorisation from the Health Directorate, etc.). As a result, masking at schools has been abolished.

However, masks must still be worn on public transport and in care facilities.

As a reminder, failure to wear a mask on public transport and failure to comply with an isolation measure are punishable by a criminal fine of between EUR 500 and EUR 1,000. A warning fine (avertissement taxé) of EUR 300 may be imposed for these offences by police officers and agents of the Grand Ducal Police, and by agents of the Customs and Excise Agency.

The requirement for a health protocol in shopping centres has been replaced by generalrecommendations for protective and hygiene measures, including recommendations to wear a mask in crowded areas, to practice social distancing and to wash and disinfect hands.

The health measures for sports, fitness, school and cultural activities have been repealed and replaced by general recommendations on the hygiene and protective measures to apply, including recommendations to wear a mask in crowded areas, to practice social distancing and to wash and disinfect hands.

The Law came into force on 11 March 2022 , the date of its publication, and is set to remain in force until after 30 June 2022.

Related : Arendt ( Philippe Schmit ,  Mrs. GaĆ«lle Leclerc )

[+ http://www.arendt.com]

 Philippe Schmit Philippe Schmit
Partner
[email protected]
Mrs. Gaƫlle Leclerc Mrs. Gaƫlle Leclerc
Senior Associate
[email protected]

All articles Labour law

Lastest articles Labour law

Cross-border home working: different taxation rules starting 1 July 2022
23/06/2022

The special bilateral agreements signed between Luxembourg and the Belgian, French and German authorities concerning cross...

Cross-border home working: different taxation rules starting 1 July 2022 Read more

CSSF Telework Circular applicable as of 1 July 2022: are you ready?
26/04/2022

On 31 March 2022, the CSSF confirmed that Circular 21/769 on “Governance and security requirements for supervised en...

CSSF Telework Circular applicable as of 1 July 2022: are you ready? Read more

Staff delegation involvement in teleworking matters
19/04/2022

The law of 1 April 2022, which enshrines in law the staff delegation's involvement in remote work arrangements, was pu...

Read more

Rules on telework governance and security requirements - Applicable from 1 July 2022
13/04/2022

The Commission de Surveillance du Secteur Financier (CSSF) has recently published Circular 22/804 on governance ...

Rules on telework governance and security requirements - Applicable from 1 July 2022 Read more

Lastest articles by Philippe Schmit

Staff delegation involvement in teleworking matters
19/04/2022

The law of 1 April 2022, which enshrines in law the staff delegation's involvement in remote work arrangements, was pu...

Read more

Leave for family reasons extended until 30 April 2022
07/03/2022

A new law dated 28 February 2022 has amended the law of 22 January 2021 and the Labour Code regarding leave for family rea...

Read more

Navigating the constantly changing COVID-19 legislation
24/02/2022

With the new law of 11 February 2022, the Luxembourg legislator has once again changed the rules of the game by amending t...

Read more

Index increase
15/01/2020

Since 1 January 2020, the index applicable to employees' wages has been increased from 814,40. to 834,76. This results...

Read more

Lastest articles by Mrs. Gaƫlle Leclerc

Navigating the constantly changing COVID-19 legislation
24/02/2022

With the new law of 11 February 2022, the Luxembourg legislator has once again changed the rules of the game by amending t...

Read more

LexGO Network