Declaring the holding of social elections

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ITM: Election notice
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The purpose of social elections is the election of the members of the staff delegation within the company in which the workers are employed.

The specific mission of the staff delegation is to safeguard and defend the interests of their company's personnel.

As a rule, the election of the members of the delegation takes place every 5 years.

The date of the next elections is set for 12 March 2024.

Companies involved in the organisation of social elections will receive one or more letters from the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) regarding these elections.

Who is concerned?

Social elections must be held in all companies, public or private, which have had at least 15 workers on an employment contract during the 12 months preceding the first day of the month of the posting which announces the elections.

In the context of the social elections to be held every 5th calendar year, the companies concerned will be invited by the ITM by registered mail to organise social elections within their organisation.

When a company has fewer than 15 employees, it must inform the ITM of this fact by carrying out the candidate communication procedure.

It should be noted that companies that meet the criteria for organising elections, even after the official election date, are invited to contact the ITM to organise such elections.

Prerequisites

Setting up a business eSpace on MyGuichet.lu

The companies concerned must register on MyGuichet.lu and create a business eSpace.

How to create a business eSpace on MyGuichet.lu

There are 2 possible scenarios:

  1. The person submitting the application is a new user of MyGuichet.lu. They must:
    • first register on MyGuichet.lu; and
    • then create a business eSpace.
  2. The person submitting the application already has a private eSpace on MyGuichet.lu. They can directly create a business eSpace without having to register again.

Further information as well as tutorials in relation with the business eSpace are available in our dedicated help page.

Certification of the company's business eSpace

In order to carry out the electronic procedures related to the social elections, the ITM has sent 2 access codes to each company concerned, allowing them to certify their business eSpace in order to carry out the electronic procedures concerning the holding of social elections.

One of these access codes, the 'nominal token', is intended for the company itself.

The other access code, the 'proxy token', is intended for the company's agent in the event that the company decides to call upon an external service provider for the organisation and monitoring of the electronic process (e.g. a fiduciary).

If a company's agent initiates a procedure, he or she will have to finish the procedure in person. The principal (company) will no longer have access to the social election procedures that have been initiated, but will be able to access these procedures once they have been submitted.

Note that a company's agent does not have access to other information about the company.

Deadlines

At least one month before the election, the employer must:

  • inform the company's employees, by means of posters, of the social elections;
  • inform the ITM using the electronic assistant available on MyGuichet.lu (see 'Online services and forms');
  • where applicable, submit a request for ministerial authorisation for absent employees to vote by post (see 'Online services and forms'). The staff delegation also has this option.

Three weeks before election day, the employer must:

  • make available for consultation purposes the alphabetical lists of employees who meet the conditions for active and passive electorate;
  • inform the company's employees, by means of posters, that they may submit to the employer, and to the ITM for information purposes, a complaint against the electoral lists within 3 working days after these lists have been made available.

Postings announcing the elections and the deadline for lodging complaints against the electoral lists must be communicated to the ITM using the electronic assistant available on MyGuichet.lu (see 'Online services and forms').

How to proceed

Submission of the declaration on the holding of social elections

The company or its agent must declare the holding of social elections using a MyGuichet.lu assistant (see 'Online services and forms'). This is a procedure with authentication that requires a LuxTrust product or an electronic identity card (eID).

Certain information must be provided in this declaration, for example:

  • the place and date of the election;
  • the opening and closing times of the voting operations;
  • the number of regular and substitute delegates to elect;
  • the number of employees used to calculate the number of staff employed in the business;
  • the conditions for the passive electorate;
  • the place where interested employees can find the names of the candidates;

The submission of the social election declaration will allow the employer to print the election notice for posting purposes in the company.

Procedure for obtaining the poster relating to the deadline for complaint against the electoral lists

The company or its agent must use a MyGuichet.lu assistant (see 'Online services and forms') to obtain the poster informing about the deadline for lodging a complaint against the electoral lists. This is a procedure requiring authentication.

If an employee notices an error in the alphabetical lists with the persons who meet the conditions of passive and active electorate, a complaint can be addressed to the employer, and to the ITM for information, within 3 working days from the submission of these lists.

Sanctions

Any intentional obstruction:

  • to the constitution of a staff delegation or a delegation at the level of the economic and social entity; or
  • to the free appointment of members of the delegation; or
  • to the regular operation of the delegation; or
  • to the appointment of an equal opportunities officer; or
  • to the appointment of a health and safety representative; or
  • to the exercise of the delegation's mission;

is punishable by a fine of EUR 251 to EUR 15,000.

Online services and forms

ITM: Election notice

Other language(s)

ITM: Notice – Deadline for lodging complaints against the alphabetical lists

Other language(s)

Request for authorisation to vote by post

Last update 11.12.2023

WORD18 Kb

Other language(s)

Who to contact

Inspectorate of Labour and Mines

2 of 5 bodies shown

Related procedures and links

Procedures

Communication of the candidates and the results of the social elections

Links

Further information

Élections sociales

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

Legal references

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