Communication of the candidates and the results of the social elections

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.

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, or when it has already elected a staff delegation after 12 March 2018, it is required to declare this to the ITM by completing the candidate communication process.

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.

Deadlines

In case of elections without the option of postal vote, the names of the candidates must be communicated to the ITM 4 working days before the social elections.

In case of elections with the option of postal vote, the names of the candidates must be communicated to the ITM 10 days before the social elections.

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

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 professional 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 (the 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.

Communication of the candidates

The company must communicate the list of candidates who stand for election in their company via the MyGuichet.lu assistant, using a LuxTrust certificate.

The company will have to provide a number of informations regarding the candidates for the social elections, including:

  • the holding of an election after 12 March 2018;
  • 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 to which they belong;
    • in the case of elections under the rules of proportional representation: the name and serial number of the list.

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 candidate's procedure, the ITM will electronically provide the company with certain documents 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.

These documents will be available in the "Message" 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.

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 can be displayed on its premises.

This document will be available in the "Message" tab of the company's business eSpace.

Statement of functions in the staff delegation

The statement of functions in the staff delegation is carried out on MyGuichet.lu, using a data entry assistant. This statement 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;
  • 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

Depending on the type of election held by the employer, different supporting documents must be attached.

Thus, in case of an election according to the system of relative majority or an election according to the rules of the proportional representation, a PDF with a summary of the results is generated after having completed the various fields of the assistant.

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 agent must also attach the counting report of the main voting office to the electronic procedure, and, where applicable, the reports from the additional voting offices, all signed by hand.

Statement of functions in the staff delegation

After completing the different fields of the wizard, 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

Are punishable with a fine of EUR 251 to EUR 15,000 any person who is intentionally trying to undermine:

  • the constitution of a staff delegation or a delegation at the level of the economic and social entity; or
  • the free appointment of members of the delegation; or
  • the regular operation of the delegation; or
  • the appointment of an equal opportunities officer; or
  • the appointment of a safety and health representative; or
  • the exercise of the mission of the delegation.

Forms / Online services

Who to contact

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