Organisation of staff delegate elections (since 1 February 2019)

Last update

Social elections take place every 5 years. The next elections take place on 12 March 2024.

At that moment, employees elect:

  • the members of the staff delegation in their company;
  • and the members of the Chamber of Employees at national level.

Employers do not take part in the election of the members of the Chamber of Employees.

Employers are obliged to have staff delegates elected if they have employed at least 15 people under an employment contract during the 12 months prior to the posting of the announcement of elections.

However, employers must organise and oversee the elections of staff delegates in order to set up a single staff delegation for all staff, by means of a single ballot.

Elections must be organised in such a way as to ensure that all employees are physically able to access the ballot boxes during their working hours without loss of pay.

Who is concerned?

The following are involved in the election of staff delegates:

  • the employer, who must organise and oversee the election. Nevertheless, employers are allowed to delegate these tasks in their entirety to an in-house employee;
  • the employee, who participates in the election for staff delegates either as a voter and/or candidate in the election.

Prerequisites

Determining the business's headcount

In order to hold staff delegate elections, employers must first determine whether they have employed at least 15 people under employment contracts in the 12 months preceding the first of the month in which the elections are announced.

The following are counted in the quorum of 15 employees:

  • business managers and executives if they themselves are employees of the business: that is, in a hierarchical relationship;
  • part-time workers working at least 16 hours per week. If this is not the case, the number of staff is calculated by dividing the total number of work hours indicated in their employment contracts by the legal or statutory working time;
  • workers on fixed-term employment contracts and the interim staff in proportion to the length of time they have spent working for the business during the 12 months preceding the first of the month in which the elections are announced.

The following people employed in the business are not taken into account for the quorum of 15 employees:

  • workers under a fixed-term employment contract and interim staff who are replacing an absent worker or an employee whose employment contract has been suspended;
  • apprentices.

Number staff delegates to elect

The number of staff delegates to elect depends on the total number of staff in the business.

In businesses with 15 to 99 employees, staff delegates are elected by a relative majority vote.

In businesses with at least 100 employees, the system of proportional representation is used.

Number of staff

Number of regular delegates to elect

Number of substitute delegates to elect

15-25

1

1

26-50

2

2

51-75

3

3

76-100

4

4

101-200

5

5

201-300

6

6

301-400

7

7

401-500

8

8

501-600

9

9

601-700

10

10

701-800

11

11

801-900

12

12

901-1,000

13

13

1,001-1,100

14

14

1,101-1,500

15

15

1,501-1,900

16

16

1,901-2,300

17

17

2,301-2,700

18

18

2,701-3,100

19

19

3,101-3,500

20

20

3,501-3,900

21

21

3,901-4,300

22

22

4,301-4,700

23

23

4,701-5,100

24

24

5,101-5,500

25

25

One regular member and one additional substitute per 500 employees are added when the headcount exceeds 5,500.

Deadlines

Outside of this period, the staff delegation must be overhauled in full in the following cases:

  • if the regular staff delegates on a list:
    • no longer represent the required minimum number of members;
    • and there are no substitute staff delegates to fill the vacant position(s).
      It should be noted that in this case, it is not an obligation but just a possibility open to the Minister of Labour after having taken the opinion of all the trade unions which:
      • are representative at a national or sector level; and
      • are represented in the elected staff delegation;
  • when the number of employees in a business reaches the minimum required (i.e. 15 employees) to set up a staff delegation;
  • when the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) requires the employer to set up a staff delegation if the employer has not complied with the legal requirement to hold elections during the scheduled period.

An election notice must be posted in the business at least a month before the elections.

Costs

The costs related to the election of staff delegates are covered by the employer.

How to proceed

Election notice

The election notice that employers must post in the business at least one month before the elections must include the following information:

  • the date and place of the elections;
  • the start and end times of the elections.

The notice must also specify:

  • the number of regular and substitute staff delegates to elect;
  • the place where anyone interested can find the names of the candidates;
  • the conditions for the passive electorate (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 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.

The posting of the election notice marks the start of the electoral operations.

Active and passive electorate

Active electorate (voter)

All company employees may vote in the staff delegate election, provided that they:

  • are at least 16 years of age on the day of the election;
  • are bound to the business by an employment contract or apprenticeship contract;
  • have been employed by the business for at least 6 months on the day of the election.

Passive electorate (candidate)

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 a length of service in the company of at least 12 months preceding the first day of the month in which the notice announcing the elections is posted;
  • 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 amount in the businesses, they are eligible in the business where they have greater seniority. If this business does not have staff representation, employees may then run in the business that is subject to the obligation to hold staff elections.

The following people may not be elected as staff delegates (regular or substitute):

  • relatives of the head of the company, by blood or by marriage, up to the 4th degree;
  • managers, executives and the head of the business's Human Resources department.

Drawing up electoral rolls

Employers are also required to draw up the alphabetical list of employees who meet the criteria to vote and/or run in the elections.

The electoral rolls should indicate:

  • the surnames and first names of all employees in the company; and
  • the terms 'yes' and 'no' in the respective columns for active and passive voting rights.

Three weeks before the date of the elections, alphabetical lists must be made available to employees (based on the template for publication of electoral rolls – staff delegation), showing all employees who meet the criteria for the active electorate (voters) and passive electorate (candidates). 

At the same time, employees must be notified that any objection to these lists must be submitted to the head of the company or their representative within 3 working days of their filing.

If a complaint is made against the lists, the employer must inform the Inspectorate of Labour and Mines by post or email.

Electoral system

Vote in businesses with 15 to 99 employees: relative majority

The elections are conducted in accordance with the system of relative majority in businesses with fewer than 100 employees.

In this system, prospective candidates declare their candidacy individually (based on the template for individual candidacy).

Each voter may cast a single vote for each of the candidates, up to the total number of votes to which they are entitled, which corresponds to the number of regular and substitute delegates to be elected:

  • in businesses with between 15 and 25 employees, the employees elect 1 delegate and 1 substitute;
  • in businesses with between 26 and 50 employees, the employees elect 2 delegates and 2 substitutes;
  • in businesses with between 51 and 75 employees, the employees elect 3 delegates and 3 substitutes;
  • in businesses with between 76 and 100 employees, the employees elect 4 delegates and 4 substitutes;

Voters indicate their choice by marking a cross (+ or x) in the box next to the candidate's name.

The candidate or candidates having obtained the highest number of votes are elected. The runners-up become substitutes, until all available positions are filled.

Vote in businesses with at least 100 employees: proportional representation

In businesses with at least 100 employees, the election uses proportional representation.

The maximum number of candidates on a list is equal to the number of regular and substitute delegates to be elected.

The number of staff delegates elected varies based on the number of employees in the business, and may range from 8 to more than 50 (including regular and substitute delegates).

Each voter has as many votes as there are regular and substitute delegates to elect. Voters may cast 2 votes for each candidate, on one or more lists, within the limit of the total number of votes they have. Voters indicate their choice by marking a cross (+ or x) in the box next to the candidate's name.

If voters fill in or tick the circle of the box at the top of the list, they are voting for the entire list, and a vote is given to each candidate on the list.

A list cannot be elected to a seat if it does not garner at least 5 % of votes cast.

Aspects common to the 2 voting systems

Any circle filled in, even incompletely, or any cross, even if it is imperfect, shall validly express the casting of a vote, unless there is an obvious intention to de-anonymise the ballot paper.

If any cross is marked in a place other than the designated box, the ballot will be voided.

Voters may not place any writing, signatures, cross-outs or marks of any kind on the ballot.

Call for candidacies

Declaration of candidacies

For an election by relative majority (businesses with fewer than 100 employees), candidacies are declared individually.

For an election by proportional representation (businesses with at least 100 employees), candidates are declared as a list.

Candidacies are admissible if they are declared by:

  • trade unions having overall national representation (which have received an average of 20 % of votes during the most recent elections of 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 the 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 establishment representing at least 5 % of the workforce to be represented, but not exceeding 100 employees;
  • for businesses with 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(s) 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 their 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 electors submitting the list.

The same person may not appear on more than one list as a candidate, submitter or representative.

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.

Note that no candidate appearing on a list is elected if the list does not garner at least 5 % of votes cast.

Registration of candidacies

The head of the company or their representative shall register the lists or individual candidacies in the order in which they are submitted.

Candidates failing to fulfil the required criteria are not registered.

If all the candidates of a list fail to fulfil the required criteria, the list will not be registered.

No later than 4 working days before the elections, the head of the company or their representative registers the valid candidacies on MyGuichet.lu.

Following this registration, the ITM sends the employer a template for the poster to display on site, through MyGuichet.lu.

Number of candidates greater than the number of delegates to be elected  

Employers organise the election of staff delegates if the number of candidates is greater than the number of candidates to be elected.

Number of candidates equal to the number of delegates to be elected

If the number of candidacies declared is equal to the number of regular and substitute staff delegates to be elected in the business, these candidates are automatically elected if they can agree to:

  • appoint the regular or substitute staff delegates;
  • the order in which the substitutes are called to replace the regular staff delegates.

If the candidates do not come to an agreement, the employer follows the normal procedure to elect the staff delegation.

Number of candidates less than the number of delegates to be elected

If the number of candidacies declared does not exceed the number of regular and substitute staff delegates to be elected in the business, there is a 3-day extension of the deadline to declare additional candidacies.

If no valid candidacy is declared, the head of the company or their representative notifies the voters and, where applicable, the people submitting the lists, and grants them a 3-day extension to stand for election.

At the end of the 3-day extension:

  • the number of candidates is greater than the number of delegates to be elected: the employer organises the election of staff delegates if the number of candidates is greater than the number of delegates to be elected;
  • the number of candidates equal to or less than the number of delegates to be elected: if the number of candidacies declared is equal to or less than the number of regular and substitute staff delegates to be elected in the business, these candidates are automatically elected if they can agree to:
    • appoint the regular or substitute staff delegates;
    • the order in which the substitutes are called to replace the regular staff delegates.

If the candidates do not come to an agreement, the employer follows the normal procedure to elect the staff delegation.

If no candidates are put forward after the deadline, the head of the company or their representative draws up a report that is sent to the ITM no later than on the date of the scheduled elections.

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 of the election date.

Posting of candidate lists

The poster states on a single sheet, in large print:

  • the names, first names and professions, in the order of presentation established by those filing the lists, of the candidates of all valid lists registered, for an election by proportional representation;
  • the names, first names and professions, in alphabetical order, of all the valid candidates in the case of an election through the system of relative majority;
  • the instructions for voters.

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 within10 days before election day.

The list of candidates may be made available to employees in a variety of formats, including electronically.

Preparation of ballots

The ballots produced by the employer must:

  • be similar to the poster showing valid candidacies, but smaller size, and not include the instructions to voters;
  • indicate the number of regular and substitute delegates to elect;
  • be identical (in terms of paper, format and print);
  • be folded into 4 at right angles and stamped on the back, before the vote, with a seal provided by the employer.

The use of any other ballots is prohibited.

Note that if the election uses proportional representation, each list must have a tick box at the top. Two other boxes appear after the name of each candidate.

If the election uses the majority system, only one tick box is placed after the name of each candidate.

Voting office(s)

On election day, employers must set up a main voting office and, if necessary, additional voting offices.

Each office has:

  • a president, whose duties are carried out by the employer or the employer's representative for the main office, and one of the employer's representatives for each additional office;
  • 2 assessors appointed from among the voters by:
    • the outgoing delegation; or
    • failing that, the employer; or
    • in the event of a dispute, the director of the Inspectorate of Labour and Mines.

The outgoing regular and substitute staff delegates and election candidates may not be appointed as assessors.

The president must ensure that the voting office is equipped with the following items:

  • voting booth(s) (failing that, an area with sufficient privacy where voters can cast their vote, but which cannot be outside the voting office);
  • a ballot box large enough to hold all the ballots;
  • several clearly displayed copies of the instructions to voters;
  • pens and/or pencils;
  • a table and chairs for the president and the 2 assessors;
  • 1 or 2 checklists with the names of all employees eligible to vote;
  • envelopes with the ballot papers. The envelopes must indicate the number of ballots they contain;
  • the ballots;
  • empty envelopes which may be used afterwards for unused ballots, blank, void and valid ballots;
  • the tally sheets where the votes will be registered;
  • a blank election report, to be completed on election day.

The members of the voting office shall be required to faithfully count the votes cast and to keep votes secret.

The voting office or offices must be fully manned throughout the duration of the electoral operations.

Voting procedure

Before opening the voting office

On election day, the president and the 2 assessors should arrive at least 30 minutes before the opening of the voting office. In order to prepare for the elections, they must:

  • count the ballots and record the number in the report;
  • check that all the ballots are stamped on the outside. If this is not the case, the ballot concerned must be destroyed. The number of ballots destroyed must be stated in the report;
  • ensure the ballot box is empty before closing it;
  • display the copies of the instructions for the voters.

On-site voting

The voting procedure is as follows:

  • at the time indicated on the poster, the president opens the voting office;
  • voters must state their name and be able to present valid photo ID if necessary. No voting by proxy shall be allowed.
  • the 2 assessors verify that voters are listed on the electoral roll and check them off the checklist. Any person not on the electoral roll is not allowed to vote;
  • voters who are admitted to vote receives, from the president, a ballot folded into 4 at right angles and stamped on the back, and is directed to an empty voting booth;
  • after casting their vote, voters show the president their ballot neatly folded into 4, with the stamp on the outside, and put it in the ballot box.

The ballot box must remain closed from the beginning to the end of the electoral process. It may only be opened after the voting office has definitively closed.

In order to ensure that the elections are held properly, the employer cannot require the members of the voting office to continue to carry out their normal work during the vote.

Postal voting

If the head of the company has requested and received authorisation from the Labour Minister, employees absent from the business on election day may vote by post for reasons:

  • inherent to the organisation of work;
  • of illness;
  • of a work-related accident;
  • of maternity;
  • of leave.

Voters receive a registered letter containing the ballots and voting instructions at least 10 days before the election, provided they have met the criteria to vote by that date.

Postal ballots are folded into 4 at right angles and placed in a first envelope that is blank and left open. A second open envelope that bears the address of the president of the voting office and a space for the voter's signature is enclosed. A notice of the candidacies and a copy of the ministerial order authorising postal voting are enclosed.

After casting their vote, voters fold the ballot into 4, at right angles, with the company's stamp on the outside, and place it in the blank envelope, which they then seal. The sealed blank envelope must be placed in the envelope that bears the address of the president of the voting office.

The voter signs this envelope and posts it at the post office, as a registered letter, in time for it to arrive at the voting office before the close of voting. No envelope will be accepted after the close of voting, no matter when the envelope was mailed from the post office.

Postage is charged to the business.

Voters permitted to vote by post may also pick up their ballot papers and the 2 envelopes from the business manager or their representative, after signing a receipt. They may then submit the envelope containing their ballot to the president of the voting office, and be given a receipt, before voting closes.

The envelopes will be opened on election day. Ballots will be placed in the ballot box without being unfolded.

Counting of votes

At the scheduled closing time for the vote, the voting office is closed and locked.

The president, in the presence of the 2 assessors:

  • opens the ballot box;
  • counts the ballots without unfolding them;
  • records the number of ballots that were in the box in the voting report (this number must be identical to the number of voters counted by the assessors on the checklists);
  • shuffles the ballots;
  • counts the ballots;
  • records the number of ballots that are valid, blank or void in the election report.

Finally, the assessors:

  • count, separately and for each category, the number of votes per list and/or the number of votes per individual candidate;
  • write this information on the tally sheets;
  • carry out a second count:
    • for each candidate: the number of votes for each candidate is the sum of the individual votes obtained plus the number of votes for the entire list (the voter who ticks the box for a list chooses this list in its entirety and thereby casts one vote for each of the candidates on this list). This breakdown helps to rank the candidates on each of the lists.
    • for each list: the total number of votes obtained by the candidates on that list. This breakdown helps to calculate the number of seats for the list;
  • where applicable, voice their concerns;
  • note this information in the report.

Annulled or contested ballots, other than blank ones, shall be initialled by the members of the office.

Assigning the seats

Proportional representation

In order to determine the distribution of seats, the total number of valid votes for all the lists is divided by the number of the regular delegates to elect, plus 1.

The 'electoral number' (eN) is the next consecutive whole number after the result obtained with this calculation.

eN = sum of valid votes for all the lists / (number of active delegates to elect + 1)

Please note: only if the quotient number is a decimal will the the decimal number be rounded up to the next consecutive whole number in order to determine the electoral number (eN).

Each list will be allocated as many seats for regular and substitute delegates as the number of times that eN goes into the number of votes obtained by the list.

A list having failed to obtain at least 5 % of valid votes cast will not be taken into consideration for the distribution of seats.

Thus, in order to calculate the number of seats (NS) for a given list, the total number of votes cast for said list is divided by the electoral number (eN).

NS = number of votes for a list / eN

On each list, the respective seats for the regular and substitute delegates are allocated to the candidates who received the highest number of votes.

Simple majority

In elections by simple majority, the regular and substitute delegates who received the highest number of votes are elected.

In case of a tie, the eldest candidate is elected.

Declaration of results and statement of functions in the staff delegation

Each voting office (the main office and additional offices) draws up its report of the count based on the report templates that have been sent to the employer through MyGuichet.lu following the electronic procedure to declare the candidates.

Each of these reports is then transferred to the main office, where the general report on the total count is drawn up on the electronic platform MyGuichet.lu, using the electronic procedure for the declaration of results.

A copy of these reports is sent to all unions that submitted a list.

Posting the names of the delegates

The employer must post the names of the elected regular and substitute delegates on site at the business for the 3 days following the vote.

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 stops being 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).

The substitute staff delegate replaces the regular delegate:

  • if the regular staff delegate is incapacitated;
  • if the regular member'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:

Disputes

If there are any disputes relating to the electorate or if a voter notes irregularities in the electoral operations, the disputer must notify the director of the ITM by registered letter within 15 days of the last day on which election results are displayed.

The director of the ITM rules within 15 days, returning 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 date of the annulment.

Online services and forms

Who to contact

Inspectorate of Labour and Mines

2 of 5 bodies shown

Related procedures and links

Procedures

Staff delegation

Links

Further information

Élections sociales

sur le site de l'Inspection du travail et des mines (ITM)

Legal references

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