The General Confederation of Civil Servants, Luxembourg Confederation of Christian Trade Unions and the Independent Luxembourg Trade Union Confederation stated a number of employees have experienced serious disadvantages for non-compliance with the CovidCheck system at work.
The unions said they were supporting the employees in question and hoped the administrative court could provide more clarity on the controversial law, which has shifted the responsibility from the government to the individual.
All 3 unions had warned of the murky legal status from the outset that would be caused by implementing CovidCheck at work; and in fact it appears as though a number of private businesses have elected not to adopt the measures within their offices, say the unions. Even within the government itself, several administrative branches such as the tax administration, or the National Health Fund, have not implemented the system. In the education sector, it has been applied sporadically. However, the unions have accused the government of applying the regime very rigidly and inflexibly in other areas of public service.
Steve Heiliger of the CGFP said many employees had suffered serious disadvantages for failing to comply with the 3G system, saying civil servants had been turned away from the workplace due to a lack of CovidCheck. Employees who are sent home in this manner are issued an “unjustified” absence, which can lead to disciplinary action within the civil service. The worst case scenario could see employees losing their jobs, added Heiliger.
Heiliger did not wish to disclose exactly how many people had come forward, but confirmed that a number of employees have lodged complaints about their treatment. He added that not every employee is part of a union, which makes it difficult to estimate exactly how many employees have been affected. It is not a case of appeasing hundreds of disgruntled employees, he said, but helping to provide clarity to the individuals who have experienced these disadvantages.
The unions hope that the court can supply that clarity, with initial judgements to be made within a few days. After that, the unions will advise the affected plaintiffs on their next steps. Two independently-commissioned legal opinions have concluded that the newest version of the Covid law, which will remain in place until 18 December, is inconsistent with other existing laws. Heiliger said it would be preferable to bring the laws in line with one another, to provide a generalised CovidCheck system. This would indicate exactly where responsibility lies, which could then lead to a very different societal debate.
