The ALEBA banking union has insisted that the introduction of the CovidCheck system in the workplace must respect the fundamental rights of all employees.

Following the introduction of the new COVID-19 law, which will remain in force until 18 December 2021, ALEBA met with the Director of the Luxembourg Bankers Association (ABBL) and the Director of the Luxembourg Insurance and Reinsurance Association (ACA) to discuss a way to try to find common ground on its application.

ALEBA lamented that the new law did not provide information on how to apply it while respecting the fundamental rights of all employees. Given the disparity in the structures of their members, the two employers' associations, ABBL and ACA, have referred the application of this law to companies and staff delegations.

No agreement over the common application of the law emerged from these discussions, according to ALEBA.

Nevertheless, ALEBA has presented its position on its vision of its application. The union recalled that companies in the sector have the choice, not the obligation, to introduce the CovidCheck system in their establishment from 1 November 2021. 

ALEBA stressed that it is not opposed to CovidCheck rules in absolute terms, but that it will oppose its application if it gives rise to sanctions or discrimination against employees.

For any event in which unvaccinated employees are obliged to participate, the company must, according to ALEBA, guarantee access to them, for instance by paying for them to undertake a PCR test during working hours or allowing them to attend via a hybrid meeting. The union also urged for companies to offer a take-away option at the canteen for people who do not have a CovidCheck certificate.

The union added that the application of this new law remains problematic, given the compatibility issues with fundamental rights, namely medical confidentiality, the right to privacy, the right to work and GDPR).