Bill on social elections: making certain processes paper-free

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Date:
08 May 2018

Newsflash

By:
Dorothée David

Bill no. 7290, submitted to the Chamber of Deputies on 23 April 2018, is designed to modify several articles of the Labour Code on social elections in order to make certain administrative processes paper-free within the context of social dialogue. The planned new provisions would therefore apply to the next social elections, scheduled for 2019.

According to the Bill, this move towards paper-free processes would involve using the dedicated online platform, MyGuichet, where template forms drawn up by the ITM would be made available to businesses, with a view to simplifying the administrative processes required for social elections.

To this end, among other things, the Bill stipulates that the employer would have to go on to the platform, use the pre-prepared form provided by the ITM, and within 5 days of their written communication by the chairman of the staff delegation, register the surnames, first names and national registration numbers of the following people (modified art. L. 416-1 (3) of the Labour code):

  • the chairman, vice-chairman, secretary and members of the staff delegation,
  • the health and safety representative,
  • the equality representative.

In practical terms, the employer would have to sign the printed form, ask the chairman of the delegation to sign it, and pass it on, duly filled in and signed, to the ITM via the online platform designed for this purpose.

The Bill specifies that it would be up to the chairman of the staff delegation to inform the employer in writing of the surnames, first names and registration numbers of the persons mentioned above within 3 days of the founding meeting (modified art. L. 414-14 (1) and L. 414-15 (1) of the Labour Code).

Furthermore, the employer would need to download, complete then send the following to the ITM via the online platform:

  • the office election records stipulated by article L.413-1 (6) of the Labour Code,
  • the non-election records stipulated by article L.413-1 (7) of the Labour Code.

In order to be able to use the online platform, the company’s managing director would have a code, sent before the beginning of the electoral process, with which they could carry out administrative processes as stipulated by applicable legal and regulatory provisions. To this end, a draft Grand-Ducal regulation is designed to update applicable regulatory provisions to support the move towards making these processes paper-free, as well as taking into account the law of 23 July 2015 reforming social dialogue and getting rid of joint committees.

According to the Bill, making certain processes paper-free will result in a clear simplification of administrative tasks for the company’s managing director and for the ITM, as well as presenting the advantage for the ITM of having the (provisional) results of the ballot on the same day of the social elections, meaning that it will be able to publish them immediately.

Bill no. 7290