Social Elections – Élections sociales 2019 – OGBL Secteur Financier

Social Elections

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March 12 2019, will be the day for very important elections Luxembourg. The social elections. Unique in its kind, this key date is without any doubt of significant importance to all employees working in Luxembourg. This event thus requires all your attention.

At company level, you will elect your staff representatives, who will then later on compose your staff delegation.

Based on its competences and its scope of action, the staff delegation insures support in the company and creates an interface between employers and individual employees as well as with the staff as a whole, with regard to working conditions, job security, health or social status.

It goes without saying, that the different parties representing workers at the negotiating table are respected more, if they are strong, united and if they have a precise, responsible and coherent set of demands and have been clearly mandated. The employees’ needs must be their prime concern while not losing sight of the economic interests of the sector as a whole.

An employee or staff representative left all by himself, without a trade union affiliation, is at the mercy of decisions lacking transparency and taken almost exclusively by upper management.

Only a strong, well informed representative, an OGBL delegate with access to sufficient ad hoc logistics through the back office of the trade union, could effectively act as a counterweight to the employers.

The 12th March 2019, the social elections will be organised in all the companies employing at least 15 people.

Whether you have the Luxembourgish or any other country’s citizenship, are a resident, a cross-border worker, you have the right to take part in these elections, as a candidate or as a voter.

The general mission of the staff delegation is to protect and defend the interests of the employees of the company with regard to:

  • Working conditions
  • Job security
  • Social status.

Besides this more general role, the law confers a great number of precise missions to the staff delegation thus insuring it specific rights but as well obligations.

In the companies, which employ at least 15 people, the employees will be asked to vote for their staff representatives.

These elections will be held according to the majority voting system for the companies with less than 100 employees and according to the proportional voting system for the companies with more than 100 employees.

The effective and deputy delegates are elected by the staff of the company and based on the lists of presented candidatures.

  • Either by a trade union, which insures national representativeness;
  • Either be a trade union which insures sectorial representativeness in the sector in which its representativeness is recognized;
  • Either by another trade union organisation, which represents the absolute majority of the members who represent the outgoing delegation;

Either by a number of employees of the company, representing at least 5% of the total work force of the company, without exceeding 100 employees.

Vote by correspondence

On demand of the employer or of the staff delegation, the labour Minister, can authorize, under the conditions and according to the modalities which he determines, the vote by correspondence for absent employees on the day of the elections, for reasons not inherent to the organization of the work in the company, for reasons of illness, work accident, for maternity leave or for holidays.

Composition of the delegation

  • 1 effective member if the company employs between 15 and 15 people
  • 2 effective members if the company employs between 26 and 50 people
  • 3 effective members if the company employs between 51 and 75 people
  • 4 effective members if the company employs between 76 and 100 people
  • 5 effective members if the company employs between 101 and 200 people
  • 6 effective members if the company employs between 201 and 300 people
  • 7 effective members if the company employs between 301 and 400 people
  • 8 effective members if the company employs between 401 and 500 people
  • 9 effective members if the company employs between 501 and 600 people
  • 10 effective members if the company employs between 601 and 700 people
  • 11 effective members if the company employs between 701 and 800 people
  • 12 effective members if the company employs between 801 and 900 people
  • 13 effective members if the company employs between 901 and 1000 people
  • 14 effective members if the company employs between 1001 and 1100 people
  • 15 effective members if the company employs between 1101 and 1500 people
  • 16 effective members if the company employs between 1501 and 1900 people
  • 17 effective members if the company employs between 1901 and 2300 people
  • 18 effective members if the company employs between 2301 and 2700 people
  • 19 effective members if the company employs between 2701 and 3100 people
  • 20 effective members if the company employs between 3101 and 3500 people
  • 21 effective members if the company employs between 3501 and 3900 people
  • 22 effective members if the company employs between 3901 and 4300 people
  • 23 effective members if the company employs between 4301 and 4700 people
  • 24 effective members if the company employs between 4701 and 5100 people
  • 25 effective members if the company employs between 5101 and 5500 people

1 supplementary effective member by slice of 500 employees, if the the company employs more than 5500 employees.

The staff delegation contains as many deputy members as effective members.

Il the staff delegation is composed of just one effective delegate, the deputy delegate is legally entitled to attend all the meetings.

Term of the nomination: the members of the staff delegation are elected for a period of 5 years and they can be re-elected.

Condition of the electorate

Active vote

Can participate in the elections, all employees regardless of nationality, at least 16 years old (achieved), linked to the company by contract of work or apprenticeship and being occupied in the company since at least 6 months on the day of the elections.

Passive voting

To be eligible as staff delegate, the employees have to fulfil the following conditions:

  • Being at least 18 years old on the day of the elections
  • Being continuously occupied for 12 months prior the 1st day of the month of the announcement of the elections.
  • Having or the Luxembourg nationality or being authorized to work within the territory of Luxembourg.

Notions:

  • Parents and relatives up to the fourth degree to the employer, the managers, the directors and the head of human resources cannot be elected effective or deputy members of the staff delegation
  • Employees being part time occupied simultaneously in different companies are only eligible in the company where they are occupied with the largest weekly working time.
  • In case of a tie about the working time, they are eligible in the company in which they can justify the highest length of service.
  • In case the company doesn’t fall under the scope of being obliged to put in place a staff delegation, the employee is eligible in the company, which is subject to this obligation.
  • The temporary employees and the employees made available cannot exercise their right of the electorate or eligibility to the functions of a staff delegate and to be member of the board of the company.

Lets note that:

The employees put at disposal and the temporary employees are allowed to exercise in the user company the right to claim the right to consult the staff delegates and the right to access their personal files.

We will regularly publish updates about social elections. Stay informed and don’t miss our latest infos.

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