New elections of staff representatives on March 12, 2024

Elections of staff representatives on March 12, 2024

A ministerial decree of October 13, 2023 sets the date for renewal of staff delegations for the period from 2024 to 2029. The vote will take place on March 12, 2024.

These elections take place every 5 years. Any company which, during the 12 months preceding the first day of the month in which the elections are posted, employed at least 15 employees bound by an employment contract, is obliged to organize this election.

In companies where the organization of work does not allow the election to take place during the day of March 12, 2024, the election may begin on March 10, 2024 at the earliest. In this case, the closing and counting of the votes must take place on March 12, 2024.

Included in the quorum of 15 employees:

• • business leaders and directors, as long as they are themselves employees of the company, that is to say in a relationship of subordination;
  • employees working part-time, if the weekly duration of their work is at least 16 hours. Otherwise, the workforce is calculated by dividing the total number of hours specified in their employment contracts by the legal or conventional duration of work;
  • employees under fixed-term contracts and temporary employees in proportion to their time spent in the company during the 12 months preceding the 1st day of the month of the notice announcing the elections.

Not included in the quorum of 15 employees:

• employees on fixed-term contracts and temporary workers who replace an absent employee or an employee whose employment contract is suspended;
• the trainees.

The employer must organize and direct the elections for the appointment of staff delegates, so that a single delegation is constituted for all staff, through a single examination.

Elections must be organized in such a way that each employee has the material possibility of going to the polls during their working hours, and without loss of remuneration.

In companies with between 15 and 99 employees, the election is by relative majority.

In companies with at least 100 employees, the election is done according to the proportional voting system.

The number of staff representatives to be elected depends on the company's workforce.

 

Workforce of the company	Number of titular delegates to be elected	Number of alternate delegates to be elected
15-25	1	1
26 - 50	2	2
51 - 75	3	3
76 - 100	4	4
101 - 200	5	5
201 - 300	6	6
301 - 400	7	7
401 - 500	8	8
501 - 600	9	9
601 - 700	10	10
701 - 800	11	11
801 - 900	12	12
901 - 1.000	13	13
1.001 - 1.100	14	14
1.101 - 1.500	15	15
1.501 - 1.900	16	16
1.901 - 2.300	17	17
2.301 - 2.700	18	18
2.701 - 3.100	19	19
3.101 - 3.500	20	20
3.501 - 3.900	21	21
3.901 - 4.300	22	22
4.301 - 4.700	23	23
4.701 - 5.100	24	24
5.101 - 5.500	25	25

 

The employer must post in his company at least one month before the elections a notice of election which must include the following information:

• • • the date and place of the elections;
    • the start and end times of the elections.
    • the number of effective and alternate delegates to be elected;
    • the place where interested parties can find the names of the candidates;
    • the conditions of the passive electorate (to be a candidate);
    • the method of election (relative majority or proportional representation);
    • the number of employees taken into account for the calculation of staff numbers:
• the number of employees working at least 16 hours per week;
• the number of employees under contract of less than 16 hours per week and the total number of weekly working hours included in their contracts;
• the number of employees on fixed-term contracts and employees made available to the company and the hours of their presence in the company during the 12 months preceding the mandatory date for the establishment of the electoral lists.

All company employees can vote in the election of staff representatives, provided they are:

• • • aged at least 16 on the day of the election;
    • linked to the company by an employment or apprenticeship contract;
    • employed in the company for at least 6 months on the day of the election.

To be eligible as staff representatives, employees must meet the following conditions:

• • • be at least 18 years old on the day of the election;
    • be occupied in an uninterrupted manner during the 12 months preceding the first day of the month in which the announcement of the elections is posted;
    • be either Luxembourgish or of foreign nationality and be authorized to work in Luxembourg.

The following cannot be elected as staff delegates (full or substitute):

• • • relatives and allies up to the 4th degree of the business manager;
    • managers, directors and the head of the personnel department of the establishment.

The employer must also establish the alphabetical list of employees who meet the conditions to be voters and/or candidates and make them available to employees 3 weeks before election day.

The company manager or his delegate records the lists or individual applications in the order of their presentation.

• • • It refuses the registration of candidates who do not meet the required conditions.
    • If all the candidates on a list do not meet the required conditions, it refuses to register the list entirely.
    • At the latest 4 working days before the elections, the business manager or his delegate registers valid applications on MyGuichet.lu.
    • Following this registration, the ITM sends the employer, on MyGuichet.lu, a model announcement to display in the company.

In companies with 15 to 99 employees, voting is held by relative majority: each voter can allocate a single vote to each candidate up to the total votes available, which corresponds to the total number of effective and alternate delegates to be elected: the allocation of votes is carried out by drawing a cross (+ or x) in the box reserved behind the name of the candidate. The candidate(s) who reached the highest number of votes are elected. The following candidates become alternates, within the limit of the number of effective mandates to be elected.

In companies employing at least 100 employees, voting is done by proportional representation. The maximum number of candidates on a list is equal to the total number of effective and alternate delegates to be elected. The number of staff delegates to be elected varies depending on the number of employees in the company and can range from 8 to more than 50 members (full delegates and substitutes combined). Each voter has as many votes as there are total delegates and substitutes to be elected. The voter can allocate 2 votes to each candidate, on one or more lists, within the limit of the total number of votes available to him. The allocation of votes is done by drawing a cross (+ or x) in the box reserved behind the candidate's name. If he fills in or checks the circle of the box placed at the head of a list, he adheres to the list in its entirety, and allocates one vote to each of the candidates on the list. A list cannot be considered if it does not obtain at least 5% of the votes cast.

The employer must display the names of the effective and substitute delegates elected in the company during the 3 days following the election.

The staff representative is elected for a period of 5 years. He can be re-elected.

Reminder regarding the role of the staff delegation:

The role of the staff delegation is to safeguard and defend the interests of employees in terms of working conditions, job security and social status.

The staff delegation must in particular:

• • • present any complaint, individual or collective, to the employer;
    • ensure the proper application of laws, regulations and collective labor agreements (CLA) as well as rigorous respect for equal treatment of the company's employees;
    • give its opinion on the development or modification of the internal regulations;
    • prevent and resolve individual or collective disputes between the employer and employees;
    • if the dispute cannot be resolved, refer the matter to the Labor and Mines Inspectorate (LMI);
    • ensure respect for equal treatment with regard to access to employment, professional training and the remuneration and working conditions of employees.

The company manager is required to communicate to the staff delegation the information necessary for the proper execution of its mission and as far as possible to enlighten its members on the operation and life of the company, including recent developments. and the probable evolution of its activities as well as its economic situation.

The staff delegation may display its communications, reports and positions in the company's premises, on various media (including electronic) accessible to company staff.

The company manager must provide  the members of the delegation with the time necessary to carry out their duties and remunerate this time as working time, without prejudice to their obligation, to grant delegates a credit of paid hours proportional to their effective.

The staff delegation may meet once a month during working hours. The delegation must notify management of its meeting at least 5 working days in advance, unless a shorter deadline is agreed.

It is also required to meet at least 6 times a year, including 3 times with the company's management.

Time spent in meetings is considered working time.

The staff delegation can also meet in plenary meeting with the company's salaried staff once a year. The meeting is held behind closed doors and the business manager or its representative may be invited.

The staff delegation can schedule consultation hours for company employees.

Full or substitute members of the delegation cannot be subject to:

• • • a modification of an essential clause of their contract;
    • dismissal, even for serious misconduct, during the duration of their mandate, as well as during the first 6 months following the expiration or cessation of their mandate.

Candidates for a staff representative position are also protected from the moment they submit their application for a period of 3 months.

Delegates are entitled to training leave. Training leave refers to the time that the employer must allow staff representatives to participate during working hours in training organized by trade union organizations or by specialized institutions and intended to perfect their economic, social and technical knowledge. The duration of training leave cannot be deducted from the duration of paid annual leave: it is assimilated to a period of work. Delegates have no loss of payments during training leave.

Members of the staff delegation must respect the company's internal regulations. They are also bound by professional secrecy.