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

Workers' Representatives Convention, 1971 (No. 135) - Luxembourg (Ratification: 1979)

The Committee notes the observations made by the Confederation of Christian Trade Unions of Luxembourg (LCGB) in a communication received on 26 September 2016 relating to the issues dealt with in these comments.

Articles 2 and 5 of the Convention. Facilities to be afforded to workers’ representatives. The Committee notes the adoption by the Chamber of Deputies on 2 July 2015 of the Act to reform social dialogue in enterprises. The Committee also notes the Government’s indication that the new legal provisions entered into force on 1 January 2016, but that the provisions regarding the elections of workers’ representatives and the appointment of the staff delegation contained in the Act will be implemented when the next five-yearly elections are held in November 2018, or in certain enterprises between 1 January 2016 and November 2018 for the elections scheduled. The Committee previously noted the observations of the LCGB on various aspects of the Bill and understands that, based on the organization’s latest observations, they are no longer relevant. The Committee however notes that, in its latest communication, the LCGB regrets the fact that the new Act entered into force in the absence of the Grand-Ducal implementing regulations envisaged in various sections, and that this situation constitutes a barrier to workers’ representatives exercising their rights. The LCGB refers, in particular, to the absence of Grand-Ducal regulations on the training leave of safety and health delegates, provided for in section L.414-14 of the Act. The Committee observes that the LCGB’s observations essentially concern the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and refers to its comments on the application of this Convention. The Committee therefore requests the Government to provide its comments in reply to the LCGB’s observations and to report the measures taken or envisaged for the swift adoption of the Grand-Ducal implementing regulations under the Act to reform social dialogue in enterprises, and particularly section L.414-14, so as to enable workers’ representatives to carry out their functions promptly and efficiently in accordance with the provisions of the Convention.