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).
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