LexGo

Staff delegation involvement in teleworking matters
19/04/2022

Law of 1 April 2022 amending Articles L. 414-3 and L. 414-9 of the Labour Code

The law of 1 April 2022, which enshrines in law the staff delegation's involvement in remote work arrangements, was published on 12 April 2022 and will come into force on 16 April 2022.

With the pandemic and since the advent of lockdown, teleworking has become established as a new type of working arrangement.

To regulate this practice, which will remain even beyond the end of the COVID-19 pandemic, the social partners signed an agreement on teleworking on 20 October 2020: the Convention relative au régime juridique du télétravail (the “Agreement”). The Agreement was declared to impose a general obligation by the Grand Ducal Regulation of 22 January 2021.

In particular, the Agreement called upon the legislator to amend the Labour Code in order to involve the staff delegation in the implementation or amendment of a specific teleworking regime at its company. This has now been done, with the law of 1 April 2022 amending Articles L. 414-3 and L. 414-9 of the Labour Code (the “Law”), which will come into force on 16 April 2022.

The Law has added a further item to the list of employers’ obligations to inform and consult the staff delegation on company life, which must occur at all companies with 15 or more employees.

Article L. 414-3 of the Labour Code now includes a sixth paragraph according to which: the head of the company is obliged to inform and to consult the staff delegation on the introduction or amendment of a specific teleworking regime at the company.

The Law has also added an eighth item to the list of decisions that can only be taken with the mutual agreement of the employer and the staff delegation at companies with 150 or more employees (during the 12 months prior to the first day on which the announcement of staff elections is posted).

Thus, at companies with 150 employees or more, mutual agreement between the employer and the staff delegation must be achieved in order to introduce or amend a specific teleworking regime at company level (new paragraph 8 of Article L. 414-9 of the Labour Code).

Zie ook : Arendt ( Philippe Schmit ,  Mrs. Lorraine Chéry )

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

 Philippe Schmit Philippe Schmit
Partner
[email protected]
Mrs. Lorraine Chéry Mrs. Lorraine Chéry
Senior Assoicate
[email protected]

Alle artikels Arbeidsrecht

Laatste artikels Arbeidsrecht

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

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

Work Life Balance ? La prévention des risques psychosociaux en entreprise
24/03/2022

La loi met à charge de tout employeur une obligation générale d’assurer la sécurit&eacut...

Work Life Balance ? La prévention des risques psychosociaux en entreprise Read more

Laatste artikels van Philippe Schmit

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...

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

Laatste artikels van Mrs. Lorraine Chéry

LexGO Network