COVID-19 Partial Unemployment Assistance : Employees (Part 2)

Which employees?

Employees who have signed a fixed-term or open-ended employment contract that comes into effect during the short-time working period are eligible for short-time working.

Furthermore, even if the aforementioned employment contract is concluded and comes into force during the period in which short-time working is granted, the employee concerned will also be eligible for short-time working provided that, prior to the said period, there is tangible and unmistakable evidence that the person concerned was actually to be company employee during this period.

Such proof will be provided in particular in the event of a job offer signed by the employer and countersigned by the future employee before the period of short-time working is granted.

Apprentices (initial or adult apprenticeship) are also exceptionally eligible for short-time working.

Employees normally employed in the Grand Duchy of Luxembourg and temporarily seconded to a foreign company may also benefit from short-time working, provided they are affiliated to the Luxembourg social security scheme.

Conversely, employees temporarily seconded to the Grand Duchy of Luxembourg by a foreign company and not affiliated to the Luxembourg social security system are not eligible for short-time working.

Temporary employees and other self-employed workers who may be employed by the employer are not eligible for the short-time working scheme applicable to the employer with whom they work.

Of course, temporary workers whose jobs have been adversely affected by the crisis linked to the fight against COVID-19 can benefit from short-time working via their temporary employment agencies, which can also apply for short-time working.

Day-care centers, which receive financial assistance from the state via the “chèque service-accueil” system, which covers 70% of their operating costs, are not eligible for short-time working.

In any case, short-time working will only apply to employees who are forced to stop or reduce their professional activities because of the crisis linked to the fight against COVID-19, thus preventing the employer’s business from operating normally.

Short-time working can therefore apply to all the employer’s staff, or only to staff in one or more sectors (departments or services) of the employer’s company, depending on the impact of the current crisis linked to the fight against COVID-19 on the company.

In any case, short-time working does not mean “leave”: even if they are not obliged to report to work, employees benefiting from short-time working must remain available to the employer, who can call them back at any time.

In addition, if the employer’s activities have been able to continue to some extent despite the COVID-19 crisis, employees can continue to carry out part of their professional activities if this is possible, even if they are benefiting from short-time working.

In the latter case, only the hours lost by employees will be covered by the short-time working scheme, while the hours worked by employees must be paid by the employer as normal.