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Templates to copy

Starting templates to adapt to your situation. Fill in the passages in [square brackets]. They are drafting aids, not official documents: have them checked if a lot is at stake.

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1Employer’s certificate: days outside Luxembourg

Useful for France and Belgium, where the burden of proof is on the employee, and as an attachment to the Finanzamt questionnaire in Germany.

Certificate
[Employer name], [address], RCS number [number]

CERTIFICATE

We hereby certify that [First name Last name], born on [date], residing at [address in the country of residence], has been employed by our company as [job title] since [start date], under a [permanent / fixed-term] contract, at [100 / …] % of full time.

The usual place of work is located at [address in Luxembourg].

For the calendar year [year], the number of working days spent wholly or partly outside Luxembourg was [number] days, of which:
- [number] days of telework in the country of residence;
- [number] days of business travel or training outside Luxembourg.

The total number of days actually worked in the year was [number]. A detailed list of the days is attached to this certificate.

Issued in [place] on [date], for whatever purpose it may serve.

[Name and title of signatory], [signature]

2Regular telework addendum (private sector)

The agreement of 20 October 2020 requires regular telework to be set out in writing, covering the points below.

Addendum to the employment contract
ADDENDUM TO THE EMPLOYMENT CONTRACT OF [date] — REGULAR TELEWORK

Between [employer], represented by [name], and [employee], the following is agreed, in accordance with the agreement on the legal framework for telework of 20 October 2020, declared generally binding by Grand-Ducal regulation of 22 January 2021.

1. Place: telework is carried out at [address] or [other place / arrangements for choosing the place].
2. Days and hours: [number] day(s) per week, on [day(s)], from [time] to [time]. Hours of availability: [hours].
3. Equipment: the employer provides [laptop, telephone, VPN access…] and maintains it.
4. Costs: the employer pays a monthly flat rate of €[amount] for connection and communication costs.
5. Benefits in kind: [any compensation for benefits linked to presence at the workplace, or: not applicable].
6. Disconnection: the company’s right-to-disconnect scheme applies to telework.
7. Data: the employee follows the internal data protection and IT security rules.
8. Return to the office: either party may end regular telework by giving [period] notice, without this constituting a change to the contract.
9. Tax and social security thresholds: the parties keep a record of the days worked outside Luxembourg in order to comply with the thresholds applicable to the employee’s country of residence.

Signed in duplicate in [place] on [date].

[Employer signature]          [Employee signature]

3Telework application (civil service, law 8121)

Law 8121 provides for a written application to the head of the administration, with a copy to the line manager. To be used once the law is in force.

Application
[First name Last name], [job title], [department]

To [head of administration], [administration]
Copy: [line manager]

Subject: application for authorisation to telework

Dear Sir or Madam,

I am applying for authorisation to carry out part of my duties by telework, on the following terms:
- share: [number] % of my workload (60 % at most);
- distribution: [days or hours, per week or as an average over the period];
- place: [address]; I can reach my place of work at very short notice if the service requires it;
- requested start date: [date].

My tasks are suited to telework for the following reasons: [description]. I have a suitable connection and will comply with the rules on confidentiality and working-time recording.

[If you are a cross-border worker:] As I live in [country], I will keep a record of my days in order to comply with the 34-day tax threshold and the social security limit.

Yours faithfully,

[Place, date, signature]

4Day-by-day record

The record that the German Finanzämter ask for, and the best proof in France and Belgium. The homeoffice.lu app and business area export it directly; here is the structure if you keep it by hand.

Record
Record of days worked outside Luxembourg — year [year]
Name: [First name Last name] — Employer: [employer] — Country of residence: [country]

Date | Place | Country | Type (telework / business trip / training) | Approximate duration
[dd.mm.yyyy] | [town] | [FR / BE / DE / other] | [type] | [hours]

Total days outside Luxembourg: [number]
Total days worked in the year: [number]

[Place, date, signature]

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