Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Luxembourg (Ratification: 1958)

The Committee notes the information contained in the Government's report.

Article 3 of the Convention (The right of workers' organizations to elect their representatives in full freedom without the interference of the public authorities). The Committee recalls that its previous comments referred to the need to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country. In this regard, the Committee notes the Government's statement in its report to the effect that it is in the process of examining the possibility of amending section 6(1) of the Act to institute joint committees in undertakings in the private sector and to provide for the representation of workers in joint-stock companies (6 May 1974), under the terms of which "all Luxembourg nationals and all nationals of other Member States of the European Communities ... shall be eligible for membership of the joint committee". The Committee also notes the Government's information according to which the conditions for the election of staff representatives are such that nationals of Luxembourg, nationals of other Member States of the European Union and nationals of non-Member States of the European Union, in possession of a "C" permit (which is generally obtainable after a period of residence of five years), are eligible for election.

The Committee notes this information with interest and again requests the Government to keep it informed in its next report of the measures actually taken to bring the provisions of section 6(1) of the Act of 6 May 1974 into greater conformity with Article 3 of the Convention.