Social elections delayed until February or March 2019 (date to be confirmed)

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Date:
05 Jun 2018

Newsflash

By:
Dorothée David

The Law of 7 May 2018 intended to delay the 2018 social elections between February and March 2019 was published in the Memorial on 14 May 2018. It came into force on 18 May 2018.

The Law stipulates that the staff delegations are now renewed in full between 1 February and 31 March of every 5th calendar year, on a date set for all renewals by the Minister responsible for Labour, and published in the Official Journal of the Grand-Duchy of Luxembourg (modified art. L. 413-2 (2) of the Labour Code).

Similarly, elections to renew the Chamber of employees (“Chambre des salariés”) will now take place in February or March, on the day and at the time set by the Minister responsible for Labour.

The next social elections will therefore take place on a date to be decided between 1 February and 31 March 2019, and not between October and November 2018, as stipulated in the old applicable provisions.

As a result, the Law specifies that the current terms of office of the members of the staff delegations, which were initially due to come to an end at the end of 2018, are extended until the new delegations, elected in the social elections in February or March 2019, take up their positions. As a one off, and as an exception to legal provisions, these terms of office will therefore be for more than 5 years.

Similarly, the extension of the following terms of office, until the newly elected delegations or the newly elected or designated successors take up their roles following on from the social elections in February or March 2019, is specifically stipulated by the Law:

  • employee members of joint enterprise committees,
  • members of the body representing a European company whose registered office is based in the Grand-Duchy of Luxembourg,
  • members of the body representing a European cooperative company whose registered office is based in the Grand-Duchy of Luxembourg,
  • employee representatives of social security organisations and jurisdictions,
  • employee-assessors with Labour courts.

The members of the Chamber of Employees elected for the five-year 2013-2018 period will also continue in their positions, as an exception, until their replacement or renewal in February or March 2019.

Furthermore, the Law specifies that the following rights and powers of the staff delegates will no longer be assigned by “financial year”, “year”, or “calendar year”, but by “year of office”, to take into account the fact that the new terms of office will no longer start on 1 January and will not necessarily cover a full calendar year:

  • cost of an external expert covered by the company: the maximum level of cover by the company for the costs of an external expert appointed by the staff delegation  is taken into account by “year of office” and by expert, in accordance with the terms and conditions stipulated by modified art. L. 412-2 (3) of the Labour Code.
  • training leave: the length of training leave enjoyed by full members of staff delegations (modified art. L. 415-9 (2) para. 3 of the Labour Code), the equality representative (modified art. L. 414-15 (2) para. 3 of the Labour Code), active members of the representative body of a European company (modified art. L. 444-3 (6) para. 2 of the Labour Code), or of European cooperative company respectively (modified art. L. 454-5 (6) para. 2 of the Labour Code), is also taken into account by “year of office”.
  • cross-border information and consultation: once per “year of office”, the management will submit to the staff delegations or, if applicable, the European works council or employee representatives, information about the staff and structure of the company in accordance with modified article L. 431-5 (3) of the Labour Code.

Law of 7 May 2018