Last updated more than 5 years ago
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).
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.
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.
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.
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 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:
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.
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:
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.
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:
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.
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).
Are punishable with a fine of EUR 251 to EUR 15,000 any person who is intentionally trying to undermine:
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.