[Updated on 18/05]
On 14 May 2020, the CSSF published recommendations for supervised entities on telework and a possible return to the office (the “Recommendations”). The CSSF pointed out that the recent easing of COVID-19 related restrictions by the Luxembourg government doesn’t mean the end of the pandemic. Therefore, it is encouraged that entities supervised by the CSSF remain extremely careful when considering allowing the return to the office of their employees. With the view of keeping infections at a low rate and ensuring business continuity, the following measures should be adopted:
- whenever possible continue remote working arrangements;
- keep the return of employees to the workplace limited to a minimum, e.g. when tasks cannot be performed remotely;
- hold external meetings by video or audio conferencing.
In case employees are allowed to return to the workplace, strict staff health protection guidelines should be established in writing and published to all employees.
The guidelines should address the following:
- identification of vulnerable staff, or part of a household with a vulnerable person, that should stay at home. In that respect reference should be made to the recommendations of the Luxembourg Le Conseil Supérieur des Maladies Infectieuses;
- selection criteria for the employees allowed to return to the office;
- maximum number of staff able to work safely, at a distance of at least 2m each side (unless there is a hard separation). Available and unavailable workstations should be clearly marked;
- rotation of staff working at the office, if such rotation is planned;
- access and departure from the office;
- moving around the office- including items like wearing masks where a distance of 2 meters cannot be guaranteed, the use of elevators, and staircases;
- rules for internal meetings - unless distance of 2 meters can be guaranteed, internal meetings should be held by video or audio conferencing;
- access to dining facilities, coffee corners, and meeting areas;
- cleaning of office space and equipment;
- display of personal hygiene rules, as published by the Luxembourg government (version of 12 May 2020).
The CSSF will revise the above recommendations following the evolution of the pandemic and the recommendations of the Luxembourg government.
[Updated on 17/04] CSSF reiterated on 17 April 2020 that financial institutions should continue to work from home until at least 25 May 2020. The Luxembourg government will reassess the situation after 11 May 2020 and the CSSF will reassess their request accordingly.
In its communication on 22 March 2020 the CSSF urged all supervised entities to immediately review their current organisational setup so as to ensure that their staff commute as little as possible to work, in light of the current Covid-19 situation.
Staff members should work in offices or at backup site only for vital functions essential to maintain the critical mission of supervised entities for them to remain operational provided that these functions cannot be performed from home.
Remote access from home must be privileged over other forms of working, including working from backup centres.