Luxembourg trade union the LCGB has called for the elimination of the existential concerns and fears of vulnerable people.
In light of a gradual exit from COVID-19-related confinement, the union noted in a statement today that it had been contacted by many people who are considered vulnerable over their existential concerns.
To eliminate any existential risk for these vulnerable people, the LCGB has demanded that the government rapidly implement a legislative revision to allow the safeguarding of these people's lives. The LCGB has specifically requested that employers have the legal obligation to put a vulnerable employee declared unfit into paid work exemption with reimbursement from the Employment Fund.
Indeed, the vulnerability of an employee does not entitle him / her to financial sickness benefits from the CNS since the attending physician cannot legally issue a certificate of incapacity for work. According to the current procedure, vulnerable people must send their employer a vulnerability certificate filled out by their attending physician. The employer must therefore inform the doctor about the risks of COVID-19 infection in relation to their working conditions. On the basis of the information received, the doctor will issue an opinion concerning the resumption (or not) of the employee to the post in question or a recourse to teleworking if the employee's task allows it.
If the adaptation of the workplace, the use of teleworking or a change of assignment prove impossible, the doctor will then declare the vulnerable employee unfit for work. Thus, the employer can no longer allow this employee to work and the latter risks termination of their employment contract and /or a total loss of income since their employer no longer pays compensation in the absence of work and the CNS does not pay sickness benefits since he / she is not in possession of a medical certificate.
According to the LCGB, the problem of incapacity declared by doctors combined with a work capacity decided by the medical supervision of social security poses an existential problem for which the union has campaigned for years for a solution in the interest of the persons concerned.