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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:
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 number of employees of the company, representing at least 5% of the total work force of the company, without exceeding 100 employees.
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.
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.
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.
To be eligible as staff delegate, the employees have to fulfil the following conditions:
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.