In the context of the changes to the amended law of 17 July 2020 on measures to combat the Covid-19 pandemic voted today, which make the 3G scheme once again optional in the workplace, the social partners and the Government have concluded a tripartite agreement on the application of the optional 3G scheme.
In the exceptional context of the crisis, the social partners and the Government agreed that the use of the optional 3G scheme requires the written agreement of the staff delegation, where one exists. For companies that do not have a staff delegation, this decision can be taken unilaterally by the employer. The agreement also provides that legal changes introduced from 11 February 2022 onwards will not be used to justify an adaptation of the terms and conditions of the 3G scheme in force in the company at the time of the entry into force of the said changes or to condition the continuation of 3G on new social benefits.
The agreement provides for a possible transitional period of up to 14 days during which the 3G scheme in place since 15 January 2022 will continue to apply as from the entry into force of the new COVID-19 law in order to allow for a new decision to be taken in agreement with the staff delegation.
If the 3G regime is not used, the company must respect the health measures provided for by the COVID law for gatherings (wearing a mask and respecting the distance).