The social elections will take place on 12 March 2019. These elections will be governed by the Grand-Ducal Regulation of 11 September 2018 on electoral operations for the appointment of employee delegates (“Regulation”).
The following changes will become effective with the upcoming social elections:
- as of 2019, social elections shall intervene every five years between February and March.
- all employers will be required to enter a secure interactive platform which will be operated by the Labour and Mines Inspectorate (ITM).
- the election notice, which shall be disclosed a month before the date of the social elections, must in particular contain information regarding the number of employees taken into account for the calculation of the number of employees employed in the company.
Each employer will be responsible for organising the election of the new employees’ representatives.
The Regulation implements the Law of 23 July 2015 on the reform of social dialogue within companies (“Law”). With these elections, the provisions of the Law will be fully implemented. Inter alia, several representative bodies will disappear. The divisional, central and young employees’ representation will be discontinued. The joint committees (comités mixtes) will disappear and their powers in relation to technical, economic and financial information and consultation and those relating to the participation in some company decisions will be shifted to the employees’ representatives in companies with at least 150 employees. Employees’ representatives will also be granted the right to take part in company decisions and in the implementation of any programme or joint action for ongoing vocational training.
Companies regrouped as an economic and social entity may establish an employees’ representation at the level of the economic and social entity in order to ease the exchange of information between the different employees’ representations within the different companies.