Companies are allowed to hold their daily meetings and request the CovidCheck. But they must have options for reluctant employees. (Photo: Matic Zorman/Maison Moderne)

Companies are allowed to hold their daily meetings and request the CovidCheck. But they must have options for reluctant employees. (Photo: Matic Zorman/Maison Moderne)

The ministry of labour confirms that it is illegal to force employees to be vaccinated against covid-19. There is another option to avoid certain health measures: organise internal meetings following the  guidelines. But make sure that you find solutions for those who refuse.

"In Luxembourg, there is no obligation to vaccinate" against covid-19, recalls Tom Oswald, general coordinator at the ministry of labour. And "in the context of medical secrecy, the boss is not supposed to know who has received which vaccine". He therefore officially confirms that employers cannot force their employees to be vaccinated. "This raises a whole series of questions: how long does the obligation last? What happens if you have to be vaccinated again?”. Even as a condition for returning to the office, Tom Oswald points out that the remote working agreement only allows this if both parties agree.

Negotiations and ITM

These clarifications seemed necessary, as the American asset manager Pimco requires its 11 Luxembourg employees to return to the office. The Mondorf spa resort had also "asked" some employees to be vaccinated, while the Centre hospitalier de Luxembourg (CHL) requires it for its new recruits.

What can the ministry of labour do to protect these employees? When there is a staff delegation, it relies mainly on internal negotiations. "A lot is settled by talking to each other," says Tom Oswald. He adds: "When we are made aware of something that goes against labour law, we send the Labour and Mines Inspectorate (ITM)." Will this be the case for Pimco? "We will see if we have any information and see what we do. I can't announce every inspection to the press."

In any case, he says that he has not received any calls from employees who have been forced to be vaccinated by their employer at the moment.

CovidCheck, optional

Some companies opt for another option: meetings under CovidCheck This means that participants must be vaccinated, tested negative or recovered from covid-19. "The boss can decide to do this," says Tom Oswald. And this is true even for internal meetings, which are daily and mandatory. This is a way of making them "more friendly and enjoyable". But to avoid turning this into a disguised obligation to be vaccinated, the employer must provide other options. "If people don't want to do the meeting under CovidCheck rules, he can add them by video conference." Or simply "maintain the previous system for everyone, either by video or with distancing and masks".

This can be seen as pressure on the employee, for whom it is sometimes difficult to refuse. "There is no obligation to hold a meeting under CovidCheck," he replies.

Luxembourg’s business federation UEL has also put forward the idea of a simplified and optional CovidCheck in companies if remote working were to end. It remains to be seen what the situation will be at the beginning of the new school year.

This article was originally published on in French. It has been translated and edited for Delano.