All employers, regardless of the nature of their business, company type and business sector, are required to have staff delegates elected if they have employed 15 or more people under an employment contract in the 12 months preceding the first of the month when elections are announced.
All employees, whatever their nationality, may take part in the election of staff delegates as a candidate or voter, subject to certain conditions.
Who is concerned
To be electable as staff delegates, employees must meet the following conditions:
- be at least 18 years of age on the day of the election;
- have been continuously employed for the 12 months preceding the first of the month when elections are announced;
- be a Luxembourg national or a foreign national authorised to work in Luxembourg.
Employees who have more than one job may run in the business in which they work the most hours per week. If they work the same number of hours in multiple businesses, they are eligible in the business where they have greater seniority. If that business does not have staff representation, employees may then run in the business that is obliged to hold staff elections.
The following people may not be elected as staff delegates (regular or substitute delegates):
- blood relatives or relatives by marriage, up to the 4th degree, of the chief executive officer;
- managers, executives and the head of the personnel department of the company.
An election notice must be posted, at least a month before the elections, informing the company employees of:
- the place and date of the elections;
- the start and end times of the elections.
- the number of regular and substitute staff delegates to be elected;
- the place where anyone interested can find the names of the candidates;
- the conditions for the passive electorate (eligible to be a candidate);
- the election system (relative majority or proportional representation);
- the number of employees used to calculate the headcount:
- the number of employees working at least 16 hours per week;
- the number of employees with a contract for less than 16 hours per week and the total weekly working hours stipulated in their contracts;
- the number of employees with a fixed-term contract and of employees made available to the business, and the length of time for which they have been employed by the business during the 12 months prior to the closing date of the electoral rolls.
Three weeks prior to the elections, alphabetical lists of the employees meeting the conditions of active electorate (the voters) and passive electorate (the candidates for election) must be made available to the employees.
A notice must be posted (3 weeks before the vote), stating that any objection to these rolls must be submitted to the head of the company or their representative within 3 working days of their filing.
The posting of the election notice marks the start of the electoral operations.
The lists or declarations of candidacy must be submitted to the head of the company or their representative no later than the 15th day (including weekends and holidays) before the election at 18.00. Beyond this deadline, candidacies are no longer accepted.
Notwithstanding, if no valid application has been submitted by this deadline or if the number of applications is less than the number of seats to be filled, the head of the company or their representative grants a 3-day extension and notifies the voters and, where applicable, those submitting the lists.
How to proceed
Declaration of candidacy
Declaration of candidacy
For an election according to the system of relative majority (for businesses with fewer than 100 employees), candidacies are declared on an individual basis.
For an election according to the system of proportional representation (for businesses with at least 100 employees), candidates are declared as a list.
Candidacies are admissible if they are declared by:
- trade unions demonstrating overall national representation (which have received an average of 20 % of the votes during the most recent elections to the Chamber of Employees);
- trade unions with representation in an especially large economic sector (which have the necessary efficiency and authority to take on the responsibilities entailed, and in particular, to support the employees in that sector in the event of a major labour conflict);
- trade unions, insofar as these unions represent the absolute majority of members making up the outgoing delegation when the candidacies are declared;
- for businesses with at least 100 employees: the group or groups of employees in the business representing at least 5 % of the workforce to be represented, but not exceeding 100 employees;
- businesses employing 15-99 employees: a group of 5 voters.
Each list and each individual declaration of candidacy must be accompanied by a declaration signed by the candidate (or candidates) stating that they accept their responsibilities as candidates.
The list may not include more candidates than there are members of the staff delegation (regular and substitute) to be elected.
Each candidate list must include the name of a representative tasked with submitting the list to the head of the company or the head of the company's representative. The representative who submits the list must receive a confirmation stating the date and time of submission and, where applicable, the number (by order) in which the list was received and the information whereby the submission is valid
The list shall indicate, in alphabetical order, the names and professions of the candidates and the name of the trade union or group of voters submitting the list.
The same person may not appear on more than one list as a candidate, submitter or representative.
Posting of the candidate lists
When the deadline to declare candidacies expires, the list of candidates is finalised.
The list is posted for the last 3 working days before election day. If the elections in the business are conducted by postal vote, the lists must be posted within 10 calendar days before election day.
The posters state the candidates' names and professions.
In the proportional representation system, the valid lists appear on the poster along with the order of declaration of the candidates for each list.
In the relative majority system, candidates are listed in alphabetical order.
Automatic election of the candidate
If the number of candidacies declared does not exceed the number of regular or substitute staff delegates to be elected in the business, these candidates are automatically elected if they agree to:
- appoint the regular or substitute staff delegates;
- the order in which the substitute delegates are called to replace the regular staff delegates.
If the candidates do not consent, the employer follows the normal procedure to elect the staff delegation.
If no valid candidacy is declared, the head of the company or their representative notifies the voters and grants them a 3-day extension to stand for election.
If no candidates come forward after this deadline, the head of the company or their representative produces a report and sends it to the Inspectorate of Labour and Mines (Inspection du travail et des mines – ITM) by the scheduled election date.
The ITM will conduct an enquiry in the company concerned. At the suggestion of the ITM, the staff delegates are appointed automatically from among the eligible employees within 2 months following the election date.
Roles of the staff delegate
The staff delegation acts as mediator between employees and their employer.
The role of the staff delegation is to safeguard and defend the interests of the employees with regard to working conditions, job security and employment status.
In particular, it is the responsibility of the staff delegation to:
- present the employer with any and all claims, both individual and collective;
- ensure the correct application of laws, regulations and collective working agreements;
- prevent and deal with any individual or collective disputes which may arise between the employer and the employees;
- put forward amendments to the company's internal regulations;
- where applicable, if disputes cannot be resolved, refer the case to the Inspectorate of Labour and Mines;
- to ensure equal opportunities when it comes to access to employment, professional development training and employee remuneration.
Once it is in place, the staff delegation must appoint a health and safety representative from among its members or the other company employees. This representative must be notified of the risk assessment and internal employee protection measures.
The staff delegation must also appoint an equal opportunities officer from among its members. The equal opportunities officer is responsible for safeguarding gender equality in the workplace when it comes to access to jobs, training, promotion, pay and working conditions.
Length of term
A staff delegate is elected for a term of 5 years. They can be re-elected.
The term ends:
- if the delegate is not re-elected;
- when the delegate is no longer a member of the staff;
- in the event that the delegate resigns;
- when the trade union that put the delegate forward notifies the head of the company that the delegate is no longer a union member;
- in the event of the delegate's death;
- in the event that the right to work is denied, not extended or taken away (for third-country nationals).
- if the regular staff delegate is incapacitated;
- if the regular delegate's term of office has ended. The substitute then finishes the regular delegate's term.
Refusal of the position
Should any elected candidates decline to serve, they must notify the president of the voting office within 6 days of the posting of results.
The candidate is then replaced by the person on the list who received the next highest number of votes.
In this case, the employer:
- must inform the employees by posting a new notice for the 3 days after the candidate declines to serve;
- drafts a new report;
- sends a copy of this new notice to the ITM.
In the event of disputes relating to the electorate, the disputer must notify the director of the ITM by registered letter within 15 days of the last day on which notice of the election is displayed.
The director of the ITM rules within 15 days by a reasoned decision, after hearing the party or parties involved.
The decisions of the director of the ITM may be appealed before the administrative courts within 15 days of their announcement.
Such appeal has suspensory effect.
If the election is declared invalid by the director of the ITM or by the administrative courts, new elections must be held within 2 months of the annulment.
Forms / Online services
Modèle type d'une liste de candidats - délégation du personnel