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.
Companies involved in the organisation of social elections will receive one or more letters from the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) regarding these elections.
Social elections must be held in all companies, public or private, which have had 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.
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.
The employer must inform the employees of the company by posting the holding of the social elections at least one month before the election, and must also inform the ITM using the available electronic assistant on MyGuichet.lu.
Three weeks prior to the election, the employer must inform the company's employees by posting a notice informing them of the possibility to present a complaint against the electoral lists (alphabetical lists of employees who meet the conditions of active and passive electorate) to both the employer and the ITM (for information purposes) within 3 working days of the submission of these lists.
The poster relating to the deadline for complaint against the electoral lists must be communicated to the ITM via the electronic assistant available on MyGuichet.lu.
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 (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 or its agent must declare the holding social elections via the MyGuichet.lu assistant, using a LuxTrust certificate.
Certain information must be indicated in this declaration, for example:
The submission of the social election declaration will allow the employer to print the election notice for posting purposes in the company.
The company or its agent must carry out the procedure to obtain the poster relating to the deadline for complaint against the electoral lists via a MyGuichet.lu assistant, using a LuxTrust certificate.
If an employee notices an error in the alphabetical lists with the persons who meet the conditions of passive and active electorate, a complaint can be addressed to the employer and, for information to the ITM, within 3 working days from the submission of these lists.
Are punishable with a fine of EUR 251 to EUR 15,000 any person who is intentionally trying to undermine: