Communication of the candidates and the results of the social elections
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The purpose of social elections is the election of the members of the staff delegation within the company in which the workers are employed.
The specific mission of the staff delegation is to safeguard and defend the interests of their company's personnel.
As a rule, the election of the members of the delegation takes place every 5 years.
The date of the next elections is set for 12 March 2024.
In the context of these elections, the organising company is obliged to communicate the identity of the candidates for the election, the results of the votes, as well as the function of each elected candidate in the staff delegation, to the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM).
Who is concerned
Social elections must be held in all companies, public or private, which have employed at least 15 workers on an employment contract during the 12 months preceding the first day of the month of the posting which announces the elections.
In the context of the social elections to be held every 5th calendar year, the companies concerned will be invited by the ITM by registered mail to organise social elections within their organisation.
Companies that meet the criteria for the organisation of elections and which have not received a registered letter from the ITM instructing them to organise social elections, are invited to contact the ITM to obtain the required access codes.
When a company has fewer than 15 employees, it must inform the ITM of this fact by carrying out the candidate communication procedure.
It should be noted that companies that meet the criteria for organising elections, even after the official election date, are invited to contact the ITM to organise such elections.
Prerequisites
Setting up a business eSpace on MyGuichet.lu
The companies concerned must register on MyGuichet.lu and create a business eSpace.
How to create a business eSpace on MyGuichet.lu
There are 2 possible scenarios:
- You are a new user of MyGuichet.lu. You must:
- first register on MyGuichet.lu; and
- then create a business eSpace.
- You already have a private eSpace on MyGuichet.lu. You can directly create a business eSpace without having to register again.
Further information as well as tutorials in relation with the business eSpace are available in our dedicated help page.
Certification of the company's professional eSpace
In order to carry out the electronic procedures related to the social elections, the ITM has sent 2 access codes to each company concerned, allowing them to certify their business eSpace in order to carry out the electronic procedures concerning the holding of social elections.
One of these access codes, the "nominal token", is intended for the company itself.
The other access code, the "proxy token", is intended for the agent of the company in the event that the company decides to call on an external company for the organisation and monitoring of the electronic process (e.g. a fiduciary).
If the agent of a company initiates a procedure, he or she will have to finish the procedure in person. The principal (company) will no longer have access to the social election procedures that have been initiated, but will be able to access these procedures once they have been submitted.
Note that the agent of a company does not have access to other information about the company.
Deadlines
The names of the candidates must be communicated to the ITM 4 working days before the social elections at the latest.
In the event of an election involving a postal vote, it is recommended that the names of the candidates be communicated to ITM as soon as the candidacies have been finalised, so as to have access to the documents generated by the procedure, in particular the posting of the candidacies and the voting paper template, which must be sent to postal voters 10 days before the ballot.
Election results must be submitted to the ITM on the day of the elections. In the event the voting process runs over several days, the election results must be communicated to the ITM at the same moment.
The constituent meeting during which functions within the staff delegation are distributed, must be held within one month of the date of the election.
How to proceed
Communication of the candidates
The company must communicate the list of candidates who stand for election in their company via the MyGuichet.lu assistant (see 'Online services and forms'). This is a procedure with authentication that requires a LuxTrust product or an electronic identity card (eID).
The company must provide several pieces of information regarding the candidates for the social elections, including:
- the presence or absence of candidates;
- the number of employees used to calculate the number of staff employed in the business;
- in the event that there are candidates:
- their surname and first name;
- their national identification number;
- their profession;
- their nationality;
- their gender;
- where applicable, the trade union that submitted their candidacy;
- in the case of elections under the rules of proportional representation: the name and serial number of the list.
- where applicable, in the event of an automatic election, indicate that the candidates have reached an agreement on the distribution of mandates and indicate the regular delegate(s) and the substitute(s), as well as the order in which the substitute(s) are called upon to replace the regular delegate(s) (in this case the company does not declare the result, but must instead declare the functions).
The procedure for the declaration of candidates must only be submitted if the list of candidates is complete. For as long as the list is not complete, please use the feature "Resume later" in order to save and continue the procedure at a later stage.
After the submission of the procedure, it is no longer possible to make any changes.
Following the submission of the procedure concerning the candidates, the ITM will provide the company with certain documents by electronic means, based on the type of election declared:
- the list of candidates to be publicly displayed;
- the voting paper template (its use is optional);
- a blank counting report for the main voting office;
- a blank counting report for each additional declared voting office;
- the automatic election report;
- the default report (no candidates).
These documents are available in the 'My Messages' tab of the company's business eSpace.
Please note that in the event of a large number of lists of candidates in your company, the documents "Voting paper template" and "List of candidates for public display" may encounter a readability issue due to the large number of information shown.
In this case, please contact the ITM at the number (+352) 247 76100 or use the contact form.
Declaration of results
The declaration of the results is done on MyGuichet.lu, with the help of an input assistant (see 'Online services and forms'). This is a procedure requiring authentication.
If necessary, the company communicates certain information concerning the elections to the ITM, among which:
- the number of registered voters;
- the number of voters;
- the number of voters by postal voting;
- the number of voting papers in the ballot box;
- the number of valid voting papers, etc.
For each candidate, the company must also indicate the number of votes obtained and specify whether the candidate has been elected as a regular delegate, as a substitute delegate, or if he or she was not elected.
Following the transmission of the results, the ITM will provide the company with a summary of the results that the company can display on its premises.
This document will be available in the 'Message' tab of the company's business eSpace.
Declaration of functions in the staff delegation
The declaration of the functions in the staff delegation is done on MyGuichet.lu, with the help of an input assistant (see 'Online services and forms'). This is also a procedure requiring authentication.
This declaration must be submitted within 5 days after the head of the company has received a written statement from the staff delegation's president indicating the functions of each delegate as decided during the constituent meeting.
Thus, the company is required to inform the ITM of the different functions assigned to the members of the delegation, namely:
- the president;
- the vice-president;
- the secretary;
- the health and safety representative;
- the equal opportunities officer;
- where applicable, additional members of the delegation.
Please note that an elected person can fill several functions.
The president, the vice-president and the secretary must be appointed from among the regular members of the delegation. The equal opportunities officer may be appointed from among the regular or substitute members. The safety and health representative may be appointed from among the regular or substitute members, or from among the company's other employees.
Supporting documents
For the transmission of the election results
Supporting documents must be attached to the declaration of result.
After completing the different fields of the MyGuichet.lu input assistant, a PDF form with a summary of the result is generated. This PDF must be signed by hand and attached in electronic format during the electronic transmission of the procedure to the ITM.
The company or its representative must enclose the following with the electronic procedure:
- the main voting office's counting report; and
- where applicable, the hand signed report(s) from the additional voting offices.
For the declaration of functions in the staff delegation
After completing the different fields of the MyGuichet.lu input assistant, a PDF is generated. This PDF must be signed by hand and attached in electronic format during the electronic transmission of the procedure to the ITM, regardless of the voting method - at the ballot box or automatic election (in case of an insufficient number of candidates).
Sanctions
Any intentional obstruction:
- to the constitution of a staff delegation or a delegation at the level of the economic and social entity; or
- to the free appointment of members of the delegation; or
- to the regular operation of the delegation; or
- to the appointment of an equal opportunities officer; or
- to the appointment of a health and safety representative; or
- to the exercise of the delegation's mission;
is punishable by a fine of EUR 251 to EUR 15,000.
Good to know
In order to carry out the electronic procedures related to the social elections, the company must first certify their business eSpace on Myguichet.lu by using the access codes sent by the ITM.
For questions on the access codes, please contact the ITM by phone on (+352) 247 76100 or by using the contact form.
Online services and forms
Online services
Who to contact
-
Inspectorate of Labour and Mines (ITM)
- Address:
-
3, rue des Primeurs
L-2361
Strassen
Luxembourg
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
- Email address:
- contact@itm.etat.lu
- Website:
- http://www.itm.lu/home.html
Closed ⋅ Opens Monday at 8.30
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.30 to 12.00 , 13.30 to 16.30
- Tuesday:
- 8.30 to 12.00 , 13.30 to 16.30
- Wednesday:
- 8.30 to 12.00 , 13.30 to 16.30
- Thursday:
- 8.30 to 12.00 , 13.30 to 16.30
- Friday:
- 8.30 to 12.00 , 13.30 to 16.30
-
Inspectorate of Labour and Mines (ITM) Regional Office Diekirch
- Address:
-
2, rue Clairefontaine
L-9220
Diekirch
Luxembourg
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens Monday à 8h30
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8h30 à 11h30, 14h00 à 17h00
- Tuesday:
- 8h30 à 11h30, 14h00 à 17h00
- Wednesday:
- Closed
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
-
Inspectorate of Labour and Mines (ITM) Regional Office Esch-sur-Alzette
- Address:
-
1, boulevard de la Porte de France
L-4360
Esch-sur-Alzette
Luxembourg
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens Monday à 8h30
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8h30 à 11h30, 14h00 à 17h00
- Tuesday:
- 8h30 à 11h30, 14h00 à 17h00
- Wednesday:
- 8h30 à 11h30, 14h00 à 17h00
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
-
Inspectorate of Labour and Mines (ITM) Regional Office Strassen
- Address:
-
3, rue des Primeurs
L-2361
Strassen
Luxembourg
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens Monday à 8h30
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8h30 à 11h30, 14h00 à 17h00
- Tuesday:
- 8h30 à 11h30, 14h00 à 17h00
- Wednesday:
- 8h30 à 11h30, 14h00 à 17h00
- Thursday:
- 8h30 à 11h30, 14h00 à 17h00
- Friday:
- 8h30 à 11h30, 14h00 à 17h00
-
Inspectorate of Labour and Mines (ITM) Regional Office Wiltz
- Address:
-
20, route de Winseler
L-9577
Wiltz
Luxembourg
B.P. 27, L-2010 Luxembourg
- Phone:
- (+352) 247 76 100
- Fax:
- (+352) 247 96 100
Closed ⋅ Opens Wednesday à 8h30
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- Closed
- Tuesday:
- Closed
- Wednesday:
- 8h30 à 11h30, 14h00 à 17h00
- Thursday:
- Closed
- Friday:
- Closed
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Related procedures and links
Procedures
Links
Further information
Legal references
- Code du travail - Livre IV, Titre I
-
Règlement grand-ducal du 11 septembre 2018
concernant les opérations électorales pour la désignation des délégués du personnel
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