UEL POSITIONS AND OPINIONS
Competences of the staff delegation in relation to telework
Since the recent lifting of most health measures following the amended law of 17 July 2020 on measures to combat the Covid-19 pandemic (coordinated text with documentary value in force on 11 March 2022), questions about the continuation of non-crisis telework are becoming more and more acute within companies.
According to the Convention on the legal regime of telework signed between social partners on 20 October 2020 and declared as a general obligation by Grand-Ducal Regulation of 22 January 2021, companies can define a specific telework regime adapted to the particular situation of the company. When there is a staff delegation, the introduction and modification of this specific telework arrangement is done after information and consultation of the staff delegation within the meaning of Article L. 414-1 of the Labour Code or by mutual agreement between the employer and the staff delegation in undertakings with at least 150 employees within the meaning of Article L. 414-9 of the Labour Code. The corresponding legal provisions have just been amended by the legislator to enshrine this solution in the Labour Code (cf. adoption by the Chamber of Deputies on 16-03-2022 of bill no. 7862). Companies are invited to consult the CES opinion of 11 September 2020 on telework in Luxembourg to learn more about the context that led to the conclusion of the above-mentioned Convention of 20 October 2020.