Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Luxembourg (Ratification: 1958)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom, and to freely organize their activities and formulate their programmes. The Committee notes the adoption in December 2017 of the three Grand Ducal Regulations implementing sections L.412-2, L.413-1 and L.416-1 of the Labour Code and concerning, respectively, recourse to external experts by the staff delegation, the voting rules for the designation of staff delegates and the constituent assembly of the staff delegation. The Committee notes, however, the Government’s indication in its report that the Grand Ducal Regulation concerning the new mediation procedure under section L.417-3 of the Labour Code has not yet been adopted. The Committee requests the Government to report on any progress in this area and to supply a copy of the regulation concerning the new mediation procedure as soon as it has been adopted.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. The right of workers’ organizations to elect their representatives in full freedom, and to freely organize their activities and to formulate their programmes. The Committee previously referred to the 2016 observations of the Confederation of Christian Trade Unions of Luxembourg (LCGB) expressing regret that the new Act reforming social dialogue within enterprises entered into force in the absence of the Grand Ducal Regulations for its implementation, which are envisaged in various provisions, and indicating that this situation is hampering the exercise of trade union rights. The Committee notes the Government’s indication that three Grand Ducal Regulations, implementing sections L.412-2, L.413-1 and L.416-1 of the Labour Code, are in the course of adoption in 2017 within the framework of the legislative procedure. The Committee also notes that the procedures for votes by correspondence, about which the LCGB expressed concern, are specified in the draft Grand Ducal Regulations in relation to the election procedures for staff delegates. The Committee requests the Government to indicate any progress made in the adoption of the above draft Regulations and to report on any draft regulations on the new mediation procedure under section L.417-3 of the Labour Code.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. The right of workers’ organizations to elect their representatives in full freedom, and to freely organize their activities and to formulate their programmes. The Committee previously referred to the 2016 observations of the Confederation of Christian Trade Unions of Luxembourg (LCGB) expressing regret that the new Act reforming social dialogue within enterprises entered into force in the absence of the Grand Ducal Regulations for its implementation, which are envisaged in various provisions, and indicating that this situation is hampering the exercise of trade union rights. The Committee notes the Government’s indication that three Grand Ducal Regulations, implementing sections L.412-2, L.413-1 and L.416-1 of the Labour Code, are in the course of adoption in 2017 within the framework of the legislative procedure. The Committee also notes that the procedures for votes by correspondence, about which the LCGB expressed concern, are specified in the draft Grand Ducal Regulations in relation to the election procedures for staff delegates. The Committee requests the Government to indicate any progress made in the adoption of the above draft Regulations and to report on any draft regulations on the new mediation procedure under section L.417-3 of the Labour Code.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the International Organisation of Employers (IOE), in a communication of 1 September 2015, which are of a general nature. The Committee also notes the observations of the Confederation of Christian Trade Unions of Luxembourg (LCGB), of 20 September 2016.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom and to freely organize their activities and formulate their programmes. The Committee notes the adoption by the Chamber of Deputies of the Act of 2 July 2015 to reform social dialogue within enterprises. The Committee also notes the Government’s indication that new legal provisions entered into force on 1 January 2016, but that the provisions respecting the election of workers’ representatives and the establishment of the staff delegation envisaged by the Act will be implemented following the holding of the next five-yearly elections in November 2018, or between 1 January 2016 and November 2018 in the case of elections that are to be held in certain enterprises. The Committee previously noted the concerns expressed by the LCGB on various aspects of the Bill and understands, according to the latest observations of the trade union, that the earlier concerns are no longer applicable. However, the Committee notes that, in its communication of September 2016, the LCGB regrets the fact that the new Act has entered into force in the absence of the Grand Ducal Regulations for its implementation which are envisaged in various provisions, and that this situation is hampering the exercise of trade union rights. The LCGB refers in particular to the absence of Grand Ducal Regulations respecting: (i) the constituent assembly under section L.416-1; (ii) recourse to external experts by the staff delegation under section L.412-2; (iii) the new mediation procedure under the terms of section L.417 3; and (iv) the procedures for the designation of staff representatives under the terms of section L.413-1. The LCGB adds that the procedures set out in the Act for votes by correspondence may give rise to difficulties in terms of enabling all employees to participate in the vote in the case of certain enterprises in the international transport sector or which have salaried employees who are highly mobile, in light of the time limits for the electoral process. The Committee requests the Government to provide its comments in reply to the LCGB’s observations and to indicate the measures taken or envisaged for the rapid adoption of the Grand Ducal Regulations to implement the Act on social dialogue within enterprises, particularly with regard to the provisions referred to above.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Confederation of Christian Trade Unions of Luxembourg (LCGB) in a communication received on 3 November 2014.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities and formulate their programmes. The Committee notes that the Bill to reform social dialogue within enterprises was submitted to the Chamber of Deputies on 25 February 2013 and is currently being debated. In this respect, the Committee notes the observations of the LCGB on various aspects of the Bill, and particularly on the fact that it would drastically reduce the means of action of trade unions that are not in a majority in enterprises. The Committee requests the Government to provide its comments in reply to the observations of the LCGB and to report on the discussions held as part of the process of adopting the Bill to reform social dialogue within enterprises in relation to the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. In its previous comments the Committee asked the Government to indicate any new developments with regard to the measures taken with a view to adopting a law concerning social dialogue within enterprises or modifying the legislation with regard to staff delegations, joint committees and staff representation on the executive boards of limited liability companies. The Committee notes that, according to the Government’s report, the Economic and Social Council was unable to issue an opinion on a reform of the legal provisions relating to social dialogue and that a working group within the Ministry of Labour and Employment is currently preparing to draw up a preliminary draft Act concerning the reform of social dialogue. The Committee requests the Government to indicate in its next report any new developments concerning the drawing up of the preliminary draft Act concerning the reform of social dialogue and to send the legislative text in question, once it has been finalized.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. In its previous comments, the Committee asked the Government to indicate all progress made in the adoption of the preliminary draft Act on the overall reform of staff representation in enterprises. The Committee had noted the information in the Government’s report to the effect that, further to a decision of the tripartite of 28 April 2006, the procedure for the adoption of the preliminary draft Act was suspended and the opinion of the Economic and Social Council was requested on this matter. Moreover, an Act of 9 May 2008 transposed EC Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community. The Committee requests the Government to indicate in its next report any new developments with regard to the measures taken for the adoption of a law concerning social dialogue within enterprises or to modify the legislation with regard to staff delegations, joint committees and staff representation on the executive boards of limited liability companies.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. In its previous comments, the Committee asked the Government to indicate all progress made in the adoption of the preliminary draft Act on the overall reform of staff representation in enterprises. The Committee notes the information in the Government’s report to the effect that, further to a decision of the tripartite of 28 April 2006, the procedure for the adoption of the preliminary draft Act was suspended and the opinion of the Economic and Social Council was requested on this matter. Moreover, an Act of 9 May 2008 transposed EC Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community. The Committee requests the Government to indicate in its next report any new developments with regard to the measures taken for the adoption of a law concerning social dialogue within enterprises or to modify the legislation with regard to staff delegations, joint committees and staff representation on the executive boards of limited liability companies.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. The Committee notes that the new Labour Code, which came into force on 1 September 2006, reflects the progress made by the Act of 18 July 2003 in respect of enabling workers who are not nationals of Luxembourg or other European Union States to belong to joint works committees (section 422-5(2)2).

In its previous comments, the Committee noted that a preliminary draft Act on the overall reform of staff representation was on the verge of being finalized. The Committee notes that, according to the Government’s report, in the light of the social partners’ observations on this matter, the preliminary draft Act was redrafted and that it limits itself to transposing EC Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community. Noting that the new preliminary draft Act has recently been finalized so as to appear on the agenda of the Government Council in September 2006, the Committee asks the Government to keep it informed in this respect and to provide a copy of the legal text in question.

Moreover, the Committee notes that the new Labour Code devotes two titles to apprenticeship contracts and temporary work. In this regard, the Committee asks the Government to provide, in its next report, information on the legislative provisions governing the trade union rights of apprentices and temporary workers.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. In its previous comments, the Committee requested the Government to communicate the text of the act concerning conditions of eligibility for social elections which, inter alia, was to amend section 6(1) of the Act of 6 May 1974 in order to enable workers who are not nationals of Luxembourg or other European Union States to be able to belong to joint works committees. The Committee also requested the Government to communicate any text which had been drawn up in the context of the reform relating to staff representation.

The Committee notes with satisfaction section III of the Act of 18 July 2003 amending section 6 of the Act of 6 May 1974 establishing joint committees in private sector enterprises and organizing the representation of employees in limited liability companies. It notes that foreign workers may belong to joint committees as staff representatives, subject to certain conditions. Workers who are nationals of a non-Member State of the European Economic Area Agreement and who hold a "B" or "C" work permit or another kind of work permit are eligible. In this latter case, the workers concerned may be elected to up to one-third of the seats available for staff representation.

The Committee also notes the Government’s indication that, with regard to the overall reform of staff representation, the preliminary draft act is on the point of being finalized and will soon be submitted to the social partners for their opinion before being placed on the agenda of the Council of Ministers. The Committee requests the Government to keep it informed in this regard and to send the text of the relevant act. 

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom, without interference by the public authorities. The Committee recalls that its previous comments related to the need to amend section 61 of the Act of 6 May 1974 to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country.

The Committee notes the following information contained in the report. The Minister of Labour and Employment submitted on 2 April 2003 to the Chamber of Deputies a Bill setting the conditions for eligibility for social elections (that is, elections to professional chambers, staff delegations, joint enterprise committees and the bodies of the Union of Health Funds). This Bill amends, among other legislation, the Act of 6 May 1974. On the one hand, the right to stand for social elections will be lowered to the age of 18 years and, on the other, the nationality conditions governing the right to stand for office for staff delegations and joint committees will be amended. In this respect, workers who are nationals of Luxembourg, a member State of the European Economic Area Agreement and a non-member State of the European Economic Area Agreement, provided that they hold a Type B or C work permit, will be eligible. According to the information provided by the Government, a Type B work permit, which is valid for four years, is normally obtained after one year’s legal residence on the territory of Luxembourg. The Type C work permit is generally obtained following the expiry of the Type B work permit where the contractual relationship with the employer continues to exist. Finally, workers who are nationals of a non-member State of the European Economic Area Agreement and who hold a work permit other than a Type B or C permit may also be elected up to a maximum of one-third of the members of the staff delegation. Elected candidates who are in this latter category of workers and who are elected in excess of this limit are replaced, where appropriate, by candidates fulfilling one of the above eligibility conditions and who have obtained the highest number of ballots, without having been directly elected. Finally, the preparatory work for a general reform of the laws and regulations respecting staff representation has been initiated.

The Committee notes this information with interest. It requests the Government to provide with its next report the text of the Act respecting the eligibility conditions for social elections and any other text (draft or definitive) prepared in the context of the reform of staff representation.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

Article 3 of the Convention. The right of workers’ organizations to elect their representatives in full freedom, without any interference from the public authorities. The Committee recalls that its previous comments related to the need to amend section 6(1) of the Act of 6 May 1974 in order to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country. In this regard, the Committee noted the Government’s statement in its latest report to the effect that it was in the process of preparing a revision of all legislation on staff representative structures, including joint enterprise committees. In this context, the advisability of allowing foreign workers who were not nationals of a European Union State to participate in joint enterprise committees after a certain period of residence in Luxembourg will also be analysed.

The Committee notes this information and requests the Government again to keep it informed in its next report of the measures actually taken to bring the provisions of section 6(1) of the Act of 6 May 1974 into greater conformity with Article 3 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention.  The right of workers’ organizations to elect their representatives in full freedom, without any interference from the public authorities.  The Committee recalls that its previous comments related to the need to amend section 6(1) of the Act of 6 May 1974 in order to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country. In this regard, the Committee notes the Government’s statement in its latest report to the effect that it is in the process of preparing a revision of all legislation on staff representative structures, including joint enterprise committees. In this context, the advisability of allowing foreign workers who are not nationals of a European Union State to participate in joint enterprise committees after a certain period of residence in Luxembourg will also be analysed.

The Committee notes this information and requests the Government again to keep it informed in its next report of the measures actually taken to bring the provisions of section 6(1) of the Act of 6 May 1974 into greater conformity with Article 3 of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

Article 3 of the Convention (The right of workers' organizations to elect their representatives in full freedom without the interference of the public authorities). The Committee recalls that its previous comments referred to the need to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country. In this regard, the Committee notes the Government's statement in its report to the effect that it is in the process of examining the possibility of amending section 6(1) of the Act to institute joint committees in undertakings in the private sector and to provide for the representation of workers in joint-stock companies (6 May 1974), under the terms of which "all Luxembourg nationals and all nationals of other Member States of the European Communities ... shall be eligible for membership of the joint committee". The Committee also notes the Government's information according to which the conditions for the election of staff representatives are such that nationals of Luxembourg, nationals of other Member States of the European Union and nationals of non-Member States of the European Union, in possession of a "C" permit (which is generally obtainable after a period of residence of five years), are eligible for election.

The Committee notes this information with interest and again requests the Government to keep it informed in its next report of the measures actually taken to bring the provisions of section 6(1) of the Act of 6 May 1974 into greater conformity with Article 3 of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

Article 3 of the Convention (the right of workers' organizations to elect their representatives freely). The Committee notes the provisions of section 6(1) of the Act of 6 May 1974 establishing joint committees in private sector enterprises and organizing the representation of employees in limited companies which provides that "Luxembourg nationals and the nationals of other Member States of the European Community may serve on joint enterprise committees ...". In this respect, the Committee requests the Government to indicate in its next report the measures taken or contemplated to allow foreign workers who are not nationals of other States of the European Union to be allowed to serve on joint enterprise committees, at least after a reasonable period of residence in the host country (see General Survey on freedom of association and collective bargaining, 1994, paragraph 118).

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 2 and 7 of the Convention (the right of workers, including foreign workers, to form organizations without any restriction whatsoever). The Committee notes with satisfaction the information supplied by the Government in its report to the effect that the Act of March 1994 (Gazette A, No. 17 of March 1994) has repealed section 26(2) of the Act of 21 April 1928 on non-profit- making associations, under which legal personality was not granted to an association unless three-fifths of its members were citizens of Luxembourg, thus bringing its legislation into closer conformity with the Convention.