COVID-19
Press release from the Chambre of Commerce and the Chamber of Skilled Trades and Crafts
The Chamber of Commerce and the Chamber of Skilled Trades and Crafts are alarmed by the accrual and incessant adoption of new provisions, specifically in terms of leave for family reasons, considering that this situation has no valid explanation and is ultimately damaging from a legal standpoint for businesses.
The Chamber of Commerce and the Chamber of Skilled Trades and Crafts would like to stress that they have been called upon to draft opinions on no less than four draft legislative proposals (one draft bill[1] and three draft Grand Ducal regulations[2]) relating to leave for family reasons between 15 and 22 January, 2021, that is, in the space of one week only, and one of which was released almost immediately on 20 January 2021[3], and two more were released on 22 January 2021[4].
However, this situation that consists of ‘urgently’ adopting documents - that is to say involving an expedited procedure without consulting the Council of State and therefore presenting official requests to professional chambers without allowing them the time to consult with their members - is unacceptable for the two professional chambers insofar as it does not allow them to articulate in an appropriate manner on subjects that are nevertheless crucial for companies.
The Government’s lack of foresight and consideration is thus clear (and deplored) in the face of problems such as the closure of schools in a neighbouring country, for example, while the health crisis linked to the Covid-19 pandemic has been ongoing for nearly one year and the situations that Luxembourg confronts due to this are ultimately recurrent.
Faced with this accrual of legislative and regulatory provisions, sometimes final, sometimes temporary, specifically in terms of leave for family reasons, the two professional chambers are ultimately concerned about the coherence of the legal framework, its legibility and legality, but especially the difficulty with which these provisions are applicable by businesses.
In this regard, the Chamber of Commerce and the Chamber of Skilled Trades and Crafts stress that they have taken care to draft apt opinions, sometimes within very tight deadlines, and that they deplore that the legal questions and problems that they took the time to raise and develop in their opinions were not reflected in the legislation that followed.
Consequently, they invite the Government to provide the professional chambers with acceptable deadlines to work within in a spirit of good governance, all while ensuring respect for the principles of predictability and transparency.
[1] Consisting of a draft bill: 1. modifying articles L. 234-51 and L. 234-52 in the Labour Law (Code du travail); 2. on temporary derogation from the provisions of articles L. 234-51 and L. 234-53 in the Labour Law (Code du travail) (law passed on 22 January 2021)
[2] Consisting of:
a) the draft Grand Ducal regulation on a temporary derogation from the provisions of articles L. 234-51 and L. 234-53 in the Labour Law (Code du travail) (which became a Grand Ducal regulation on 20 January 2021 temporarily derogating from the provisions of Articles L. 234-51 and L. 234-53 in the Labour Law/Code du travail) ;
b) the draft Grand Ducal regulation repealing the Grand Ducal regulation of 20 January 2021 temporarily derogating from the provisions of articles L. 234-51 and L. 234-53 in the Labour Law (Code du travail) (which became a Grand-Ducal regulation on 22 January 2021) ;
c) the draft Grand Ducal regulation amending the amended Grand Ducal regulation of 10 May 1999 defining diseases or impairments of exceptional severity in applying article 15, paragraph 2 of the law of 12 February 1999 establishing parental leave and leave for family reasons
[3] See Grand Ducal regulation referred to in the footnote of page 2, letter a)
[4] See draft bill referred to in the footnote on page 1 and the draft Grand Ducal regulation referred to in the footnote of page 2, letter b)