Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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. Right of workers’ organizations to elect their representatives in full freedom, without interference by the public authorities. The Committee recalls that its previous comments related to the need to amend section 61 of the Act of 6 May 1974 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.

The Committee notes the following information contained in the report. The Minister of Labour and Employment submitted on 2 April 2003 to the Chamber of Deputies a Bill setting the conditions for eligibility for social elections (that is, elections to professional chambers, staff delegations, joint enterprise committees and the bodies of the Union of Health Funds). This Bill amends, among other legislation, the Act of 6 May 1974. On the one hand, the right to stand for social elections will be lowered to the age of 18 years and, on the other, the nationality conditions governing the right to stand for office for staff delegations and joint committees will be amended. In this respect, workers who are nationals of Luxembourg, a member State of the European Economic Area Agreement and a non-member State of the European Economic Area Agreement, provided that they hold a Type B or C work permit, will be eligible. According to the information provided by the Government, a Type B work permit, which is valid for four years, is normally obtained after one year’s legal residence on the territory of Luxembourg. The Type C work permit is generally obtained following the expiry of the Type B work permit where the contractual relationship with the employer continues to exist. Finally, workers who are nationals of a non-member State of the European Economic Area Agreement and who hold a work permit other than a Type B or C permit may also be elected up to a maximum of one-third of the members of the staff delegation. Elected candidates who are in this latter category of workers and who are elected in excess of this limit are replaced, where appropriate, by candidates fulfilling one of the above eligibility conditions and who have obtained the highest number of ballots, without having been directly elected. Finally, the preparatory work for a general reform of the laws and regulations respecting staff representation has been initiated.

The Committee notes this information with interest. It requests the Government to provide with its next report the text of the Act respecting the eligibility conditions for social elections and any other text (draft or definitive) prepared in the context of the reform of staff representation.