Informing and consulting the staff delegation

This page was last modified on 28-01-2013

Whenever a staff delegation has been set up, the employer must:

  • present them an annual business report if the business is in the form of a joint-stock company;
  • periodically inform the staff delegation about the business activity and environmental health and safety issues;
  • inform and consult the staff delegation on the organisation of work and employment issues, etc.

Who is concerned

The employer must periodically inform/seek advice from the staff delegation on specific topics. If the company takes the form of a joint-stock company (SA, SARL or SECA), it must present an annual business report.

Employers can appoint one of their employees to act as their representative during the meetings with the staff delegation.

The main tasks of staff representatives (as long as they do not fall under the responsibility of the joint works committee, if such exists) are to protect and defend the interests of the employees with regard to:

  • working conditions;
  • job protection;
  • their social status.

If the business employs less than 150 staff, the staff delegation may submit specific issues by absolute majority vote (upon request by the staff representatives or the head of business) to a careful examination by both an employers' organisation and one or more nationally representative trade unions that are represented in the staff delegation.

If the business employs at least 150 staff, the staff representatives can request the assistance (by absolute majority vote only) of external or internal consultants/experts on specific topics during their meetings.

How to proceed

Periodical information

The employer must provide the staff delegation with relevant information and data in due time allowing them to analyse the topics detailed hereafter.

Business life and operation

The employer must inform the staff delegation about business operation and recent and likely evolution of its economic activity and situation, namely:

  • annual turnover;
  • client orders;
  • investments, etc.

This information must be provided:

  • at least 3 times a year during meetings with the staff delegation;
  • monthly if a joint works committee has been set up.

Health and safety risks

The employer must inform the staff delegation about any health and safety risks related to the company and work positions as well as any protective measure to be implemented including the protective gear to be used.

The employer must also provide this information to every employer with personnel that has been outsourced to the company in question. These employers in turn must provide this information to their staff delegation.

Example: an employer must inform his staff delegation if the use of new technologies is to be implemented. Consultation meetings should primarily deal with consequences for workers' safety and health with regard to the use of certain equipment, the working environment etc.

Periodic consultation

With regard to the below topics, the employer must make sure:

  • to provide the staff delegation with relevant information and data in due time allowing them to be prepared for the consultation and to give an opinion;
  • to establish a dialogue with the staff delegation in order to:
    • provide justified answers to any opinion issued by the staff delegation;
    • reach an agreement, where applicable, on decisions to be taken.

Status, structure and working conditions

The employer must inform and consult the staff delegation and the equal opportunities officer regarding the situation, structure and likely development of employment within the business as well as any protective measures planned where jobs would be at stake.

Every 6 months, he must provide the staff delegation and the equal opportunities officer with a statistical report broken down by gender on the following topics:

  • staff recruitment;
  • promotions;
  • transfers;
  • redundancies;
  • salaries;
  • internal training.

Organisation of work

The employer must inform and consult the staff delegation concerning each decision which is likely to impact the work planning, especially as regards:

Employment contracts

The employer must inform and consult the staff delegation concerning each decision which is likely to impact employment contracts, especially as regards:

  • the creation of part-time jobs;
  • the change of legal company form (i.e. business transfer, merger, demerger, etc.);

The employer may refuse consultation or to communicate information if such actions would seriously jeopardize business operation, management or even the survival of the business and/or establishment, or seriously impact or jeopardize specific business transactions.

Capital companies - particularities

In addition to the information and consultation obligations which are the same for all types of businesses, capital companies must also inform their staff delegation on an annual basis.

Whenever the company takes the form of a public limited company, a limited liability company or a partnership limited by shares, the employer must inform the staff delegation in writing, at least once a year, about the economic and financial development of the company and about its recent and future business activities.

To this end, the employer must present the joint works committee, if any, and the staff delegation with a business report on:

  • the business activity;
  • annual turnover;
  • global operating results;
  • client orders;
  • the evolution of salary structures and wage bills;
  • realised investments.

Who to contact

18, rue Auguste Lumière
L-1950 - Luxembourg
Postal box: B.P. 1263 - L-1012
Luxembourg
Phone: (+352) 27 494 200
Fax: (+352) 27 494 250
Email: csl@csl.lu

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Monday to Friday from 08.00 - 12.00 and 13.00 - 17.00