Staff delegation

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Date:
06 Feb 2018

Newsflash

By:
Dorothée David

Staff delegation : compulsory agenda for the constituent meeting and employer covering experts’ fees

A Grand-Ducal Regulation dated 15 December 2017 has clarified the compulsory points on the agenda for the constituent meeting of the staff delegation, in accordance with article L.416-1 of the Labour Code. The Regulation came into force on 22 December 2017.

As a result, the agenda for the constituent meeting of the staff delegation must include the following points, in the order given:

1° Appointment of a voting committee made up of at least two members and at least one member of each union represented within the staff delegation; 

2° Election of the chairman; 

3° Election of the vice-chairman; 

4° Election of the secretary; 

5° Election of the voting committee; 

6° Election of the equality delegate; 

7° Election of the health and safety delegate; 

8° Implementation of article L.415-5 of the Labour Code. 

The minutes of the constituent meeting recording these 8 points, signed by the members of the voting committee, must be sent to the employer as well as the Inspection du Travail et des Mines within five days of the meeting.

RGD of 15 December 2017 implementing article L. 416-1 of the Labour Code

A Grand-Ducal Regulation dated 15 December 2017 has clarified the conditions whereby the employer covers the fees for experts appointed by the staff delegation in accordance with article L. 412-2 (3) of the Labour Code. The Regulation came into force on 22 December 2017.

As a result, unless agreed otherwise beforehand, the total annual payroll percentage for the funding of an expert is limited to 0.1% per financial year and per expert (0.1% of the total annual payroll for employees, declared by the employer to the Centre Commun de la Sécurité Sociale during the year before the appointment is decided). The company’s funding is limited to one expert, and the employer must be informed in advance of the nature of the appointment.

RGD of 15 December 2017 implementing article L. 412-2 of the Labour Code