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Comments adopted by the CEACR: Luxembourg

Adopted by the CEACR in 2021

C013 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 and 30 (hours of work) together.
Article 5(1) of Convention No. 1 and Article 6 of Convention No. 30. Averaging of hours. The Committee notes that sections L.211-6 and L.211-9 of the Labour Code, which authorize the distribution of hours of work over reference periods of up to four and 12 months respectively, do not specify the circumstances in which such a distribution of hours of work may be applied. The Committee recalls that Article 5(1) of Convention No. 1 and Article 6 of Convention No. 30 only authorize the variable distribution of hours of work over a reference period longer than a week in exceptional cases when the normal limits of eight hours in the day and 48 hours in the week are inapplicable. The Committee requests the Government to indicate the circumstances in which the working time arrangements envisaged in sections L.211-6 and L.211-9 of the Labour Code can be applied.

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide an overview of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in a single comment.
Articles 3(1) and (2) and 5 of Convention No. 81, and Articles 6(1) and (2), 12(1) and 13 of Convention No. 129. Duties of labour inspectors. Monitoring the employment of third country nationals in an irregular situation. Further to its last comment, the Committee notes the statistics for 2019, disaggregated by economic sector, sent by the Government on the activities of the Labour and Mining Inspectorate (ITM) with regard to monitoring the employment of third-country nationals in an irregular situation with respect to their residence status. In this regard, it notes that out of 5,682 inspections made by the ITM, 62 situations were recorded which involved the presence of 68 third-country nationals with irregular residence status. The Government indicates that, for all third- country nationals, employers have been urged to regularize the statutory rights of employees. However, the Committee notes that the Government has not sent any statistical information on the cases in which workers in an irregular situation have actually been granted the rights due to them, further to action by labour inspectors. The Committee requests the Government to continue providing information on the nature of the action taken by the labour inspectorate to monitor the employment of third country nationals in an irregular situation, indicating the number of cases in which workers in an irregular situation have actually been granted their statutory rights, such as the payment of unpaid wages, social security benefits or the conclusion of an employment contract.
Article 10 of Convention No. 81, and Article 14 of Convention No. 129. Number of labour inspectors. Further to its last comment, the Committee notes the information sent by the Government on ITM staff numbers and the number of labour inspectors who devote themselves entirely to primary labour inspection duties. It notes the rise in ITM staff numbers, which increased from 143 employees in 2019 to 203 employees in 2020. The Committee further notes that in 2020 the number of labour inspectors in the field was 64, out of a total of 86 inspectors, compared with 29 labour inspectors in the field in 2019, out of a total of 54 inspectors. While noting the progress that has taken place, the Committee requests the Government to continue providing information on changes in ITM staff numbers, indicating the number of labour inspectors who devote themselves entirely to primary labour inspection duties.

Issues specifically concerning labour inspection in agriculture

Article 6(1) and (2), and Articles 9 and 27 of Convention No. 129. Information on the preventive and supervisory activities of labour inspection in agriculture. Specific training for labour inspectors in agriculture. Further to its previous comments, the Committee notes the Government’s indication that in 2019 a total of 80 inspections relating to working conditions and occupational safety and health were conducted in agriculture, out of a total of 5,682 inspections by the labour inspectorate. However, it notes that the ITM annual report for 2020 does not contain any statistics on the number of labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of staff employed therein, or on violations committed and penalties imposed in agriculture. However, the Committee notes the information contained in the 2020 ITM annual report concerning the distribution of cases handled by the labour inspectorate, according to which 303 cases involving agriculture have been handled by the ITM, namely 0.40 per cent of the total number of inspection cases. Moreover, the Committee notes that the 2020 ITM annual report contains statistics on occupational accidents in agriculture but does not contain any statistics on occupational diseases. Lastly, the Committee notes that, according to the Government, the specific training given on agriculture forms an integral part of the training for all labour inspectors. Noting the low percentage of inspections carried out in agriculture, the Committee requests the Government to take steps to ensure the application of the legislation in agriculture, and to continue providing information on the number of inspection visits carried out in this sector. The Committee requests the Government to continue to publish annual reports on the work of the labour inspectorate and send them to the ILO, and to ensure that they contain information on all the matters covered by Article 27 of Convention No. 129, including statistics on labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of persons working therein, on violations committed and penalties imposed, and also on occupational diseases and their causes.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. The right of workers’ organizations to elect their representatives in full freedom, and to freely organize their activities and to formulate their programmes. The Committee previously referred to the 2016 observations of the Confederation of Christian Trade Unions of Luxembourg (LCGB) expressing regret that the new Act reforming social dialogue within enterprises entered into force in the absence of the Grand Ducal Regulations for its implementation, which are envisaged in various provisions, and indicating that this situation is hampering the exercise of trade union rights. The Committee notes the Government’s indication that three Grand Ducal Regulations, implementing sections L.412-2, L.413-1 and L.416-1 of the Labour Code, are in the course of adoption in 2017 within the framework of the legislative procedure. The Committee also notes that the procedures for votes by correspondence, about which the LCGB expressed concern, are specified in the draft Grand Ducal Regulations in relation to the election procedures for staff delegates. The Committee requests the Government to indicate any progress made in the adoption of the above draft Regulations and to report on any draft regulations on the new mediation procedure under section L.417-3 of the Labour Code.

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Part VII (Family Benefit). Article 44 of the Convention. Calculation of benefit. The report indicates that the Family Benefits Act of 23 July 2016 made changes in the family policy: the previous rule of the differentiation in the amount of the child benefit according to the number of children in a family was cancelled and replaced by a fixed amount of the family benefit of €265 per child. Consequently, the Committee requests the Government to recalculate the total value of the family benefit in accordance with Article 44 of the Convention.
Article 68. Suspension of benefit. According to the 49th annual report on the application of the European Code of Social Security, the family benefit could be ceased as a result of terminating study at school. The Committee requests the Government to explain how this rule is applied in practice, indicating in particular whether the fact of leaving the school before graduation automatically results in the stoppage of payment.
Part XI (Standards to be complied with by periodical payments). Applying the Convention on the basis of minimum benefits. The Committee recalls that Convention No. 102 can be applied on the force of social insurance schemes providing earnings-related benefits (Article 65) or flat-rate benefits (Article 66), or social assistance schemes providing means-tested benefits (Article 67). Another option consists in applying the Convention on the basis of basic income security guarantees where a social insurance scheme provides a minimum benefit, or a fixed basic amount as part of the earnings-related benefit, or where there is a guaranteed minimum income scheme or a universal social pension. The Committee systemically looks at this option every time when the regular benefit provided by the scheme in question does not attain the level prescribed by the Convention. It observes that the importance of the minimum benefits for the application of the Convention has been growing steadily inasmuch as in many countries the replacement level of regular benefits showed a marked downwards trend, falling below the percentage prescribed by the Convention and, for low-wage earners, even below the poverty line in absolute figures. For the ordinary labourers a guaranteed minimum pension often provides better protection in terms of the Convention, as they retain little chance of earning a higher pension after 30 years of insurance.
According to the Convention, the amount of a guaranteed minimum cash benefit, whichever form it takes, shall not be less than the corresponding benefit calculated in accordance with the requirements of Article 66. For the family of the standard beneficiary, this amount shall be such as to attain, in respect of the contingency in question, at least the percentage of the reference wage of the ordinary adult male labourer indicated in the Schedule to Part XI of the Convention. For other beneficiaries with different family responsibilities, the guaranteed minimum benefit shall bear a reasonable relation to the benefit of the standard beneficiary (Article 66(3)). In all cases, the resulting amount shall be sufficient to maintain the family of the beneficiary “in health and decency” (Article 67(c)) under the conditions of entitlement prescribed by the corresponding Part of the Convention with respect to the qualifying period, age and duration of payment. This adequacy criteria comes forward when the amount of the minimum benefit calculated as percentage of the reference wage of the ordinary labourer falls below the poverty threshold to a point incompatible with living in “health and decency”. With respect to maintaining the family of the beneficiary in conditions of health, the minimum benefit shall be sufficient to cover the required cost-sharing by the beneficiary in the medical care guaranteed to his family under Part II of the Convention in such a manner as to avoid hardship and not to prejudice the effectiveness of medical and social protection (Article 10(2)). Persons on minimum benefit in need of health care should not face an increased risk of poverty due to the financial consequences of accessing the types of health care specified in Article 10(1). With regard to maintaining the family of the beneficiary in conditions of decency, the minimum benefit, together with other statutory social protections, shall allow life in dignity and provide income above the national poverty line or similar income threshold, preventing vulnerability and social exclusion. The entitlement to the minimum benefit shall not be subjected to any additional conditions of a discriminatory nature applied to any member of the family of the beneficiary, and shall not deprive the beneficiary of the acquired social and insurance status, including the rights acquired or in the course of acquisition under the statutory social security schemes. When the legislation makes the provision of social security benefits conditional upon occupational activity, periods during which minimum benefits are paid should normally be taken into consideration for acquisition of the right to other social security benefits. The rate of social insurance contributions or taxation or both applied to minimum benefits shall be determined in a manner which avoids hardship to persons of small means with due regard to social justice and equity (Article 70(1)). The current rates of the minimum benefits in respect of the long-term contingencies shall be adjusted to the cost of living (Article 66(8)). In the light of these explanations, the Committee requests the Government to assess whether and to what extent the existing minimum social security guarantees in Luxembourg comply with the abovementioned requirements of the Convention as to their level and conditions of entitlement, and could be used to give effect to its provisions under each accepted Part of the Convention. For the relevant statistical indicators concerning income, poverty and wages the Government may wish to refer to the ILO technical note.

C127 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine together Conventions Nos 115 (radiation), 127 (maximum weight), 148 (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 174 (prevention of major industrial accidents), 176 (safety and health in mines) and 184 (safety and health in agriculture) in a single comment.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. In response to its previous request, the Committee notes that the Government has not provided information in its report on the measures taken with a view to the periodic review of the national occupational safety and health policy and the holding of tripartite consultations on this subject. The Committee notes in this regard that, under the terms of sections L.324-1 and L.324-2 of the Labour Code, the Higher Occupational Safety and Health Council, which is tripartite, fulfils advisory functions to the ministers with responsibility for health, labour and social security in relation to occupational safety and health. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the national occupational safety and health policy is reviewed periodically and to provide information on the nature and outcome of the consultations held with the organizations of workers and employers concerned in this respect. It also requests the Government to provide information on the activities of the Higher Occupational Safety and Health Council, including the frequency of its meetings in practice and the OSH issues discussed.
Articles 11(a)–(f) and 15. Obligation of the authorities to ensure that certain functions are progressively carried out to give effect to the national policy. Coordination between the various authorities. The Committee previously noted that the authorities responsible for the enforcement of the laws and requirements concerning safety, health and the working environment (namely the labour and mines inspectorates, the Health Directorate of the Ministry of Health, the Accident Insurance Association, and customs and excise) each fulfil the functions enumerated in Article 11(a)–(f) in their respective fields. The Committee also noted that, under the terms of section L.314-3 of the Labour Code, these institutions are required to coordinate their policies and activities in a coordinating committee for employee occupational safety and health that is to be established by Grand Ducal regulation. The Committee notes the Government’s indication that common projects for the prevention of occupational risks and the protection of safety and health at the workplace are discussed in the coordinating committee for employee occupational safety and health. The Committee requests the Government to provide further information on the functions of the coordinating committee for employee occupational safety and health in the field of OSH, and on the common prevention projects undertaken by the committee and their results in practice.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 8 of the Convention. Participation of the social partners in the implementation of organizational measures relating to occupational health services. The Committee previously noted that the multisectoral occupational health service is the only service to have a tripartite structure in which employers, workers and their representatives cooperate. The Committee notes the Government’s indication that discussions have been continuing for some time on the establishment of tripartite structures for all the occupational health services, but that no decision has yet been taken in this respect. The Government adds that, according to the tradition in Luxembourg, common decisions, including on occupational health services, are taken in informal tripartite meetings. The Committee requests the Government to indicate the measures adopted or envisaged in law and practice to guarantee cooperation between employers, workers and their representatives in the implementation of measures relating to occupational health services.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the adoption of the Grand Ducal Regulation of 1 August 2019 respecting radiation protection, which repeals the Grand Ducal Regulation of 14 December 2000 respecting the protection of the population against the dangers of ionizing radiation. It also notes the adoption of the Act of 28 May 2019 respecting: (1) the health protection of persons against the dangers of exposure to ionizing radiation and the safety of sources of ionizing radiation against malicious acts; (2) the management of radioactive waste, the transport and import of radioactive materials; and (3) amending the Act of 21 November 1980, as amended, on the organization of the Health Department.
Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency situations. With reference to its previous comments on the circumstances in which exceptional exposure is authorized, the Committee notes that the Government refers to the Act of 28 May 2019, which defines in section 75 “exceptional situations” as being circumstances in which it is necessary to “save lives, prevent serious health effects caused by radiation and prevent the occurrence of catastrophic situations”. The Committee notes with interest that this definition no longer includes “saving valuable equipment”, which addresses its previous request.
Articles 3(1) and 6. Effective protection of workers in the light of the knowledge available. Maximum permissible doses. The Committee previously noted that, under the terms of the previous Grand Ducal Regulations, the dose limits for the lens of the eye were set at 150 mSv a year. The Committee notes with interest that the Government refers to section 11 of the Act of 28 May 2019, which sets the limit for the equivalent dose for the lens of the eye at 20 mSv a year, in conformity with the recommendations of the International Commission on Radiological Protection (ICRP). The Committee notes this information, which addresses its previous request.
Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments on the situation of workers who can no longer perform work involving exposure to ionizing radiation, the Committee notes once again that no information has been provided concerning the measures proposed to provide workers with alternative employment or other means of maintaining their income. In this regard, the Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee once again requests the Government to provide information on any measures taken or envisaged relating to assignment to suitable alternative employment in circumstances in which it has been determined that the workers concerned, for health reasons, may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

2. Maximum Weight Convention, 1967 (No. 127)

Articles 5 and 8 of the Convention. Training of workers assigned to the manual transport of loads. Consultation with the social partners. Further to its previous comments, the Committee notes the Government’s indication that consultations are held between occupational health services and employees engaged in the manual transport of loads and that the difference in loads between each occupation is taken into account in these consultations. The Government refers to the importance of the national back school in this context and indicates that this school essentially undertakes secondary and tertiary prevention for employees selected by occupational health services and also provides training for trainers in enterprises. The Committee also notes that, according to the Government, there are five professional chambers (the Chambers of employees, of public officials and employees, of agriculture, of commerce and of trades), which have the mission of defending the interests of the occupational groups that they represent, and which are consulted by the Government when it is planned to adopt laws or Grand Ducal regulations relating to the occupational sector that they defend. The Committee notes this information which replies to its previous comments.
Application of the Convention in practice. Further to its previous comment, the Committee notes the statistical data provided by the Government and compiled by the Multisectoral Occupational Health Service over the past three years. The Committee notes that, of the 246,023 employees covered, 19,279 workers (8 per cent) are engaged in the transport of light loads, 93,248 (38 per cent) middle weight loads and 35,867 (15 per cent) heavy loads. It also notes the number of workers who develop back pain: for light loads, 1,861 workers, of whom 298 suffer from chronic low-back pain; for middle weight loads, 10,953 workers, of whom 1,612 suffer from chronic low-back pain; and for heavy weights, 4,613 workers, of whom 749 suffer from chronic low-back pain. The Committee notes this information and requests the Government to take the necessary measures and to intensify its efforts to reduce to a minimum the number of workers suffering from chronic low-back pain.

3. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Application of the Convention in practice. Further to its previous comments, the Committee notes the extract from the report of the inspection services attached by the Government concerning an inspection undertaken following the limit values for soot being exceeded for certain jobs. The Committee notes this information which replies to its previous comments.

4. Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee notes the information provided by the Government according to which the Health Directorate does not have relevant statistics of occupational diseases caused by asbestos, the number of workers exposed to asbestos during the course of their work or data on the number and nature of violations in relation to the removal of asbestos. The Committee notes in this regard that, according to the 2020 annual report of the Labour and Mines Inspectorate (ITM), 278 violations concerning asbestos were reported in 2020. It also notes that, according to the annual report, 715 cases relating to exposure to and inhalation of asbestos fibres were referred that year to the ITM. The Committee also notes with concern the Government’s indication that the violations reported on sites removing asbestos generally show that 24 per cent do not provide personal protective equipment, 22 per cent do not provide specific training, 31 per cent have not issued a notification and 23 per cent have not carried out an analysis prior to beginning work. With regard to the training of workers exposed to or likely to be exposed to asbestos fibres, the Committee notes that, according to the Government, 1,269 workers have up to now received training to provide them with the necessary knowledge and skills for prevention and safety. The Committee urges the Government to intensify its efforts to collect data on the number of workers exposed to asbestos during their work, the occupational diseases caused by asbestos and the sanctions imposed, and to provide information on the application of the Convention in practice. The Committee also urges the Government to provide information on the measures taken to prevent health hazards due to occupational exposure to asbestos and to continue providing information on the number and nature of the violations reported, including the measures taken to remedy violations reported on sites removing asbestos.

5. Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 1(3) and (4) of the Convention. Exclusions. The Committee notes that section 1(3), points 5 to 8, of the Act of 28 April 2017 on controlling hazards related to major accidents involving hazardous substances and amending the Act of 10 June 1999, as amended, respecting classified establishments, enumerates exclusions that are not envisaged in Article 1(3) of the Convention. The Committee requests the Government to provide further information on these exclusions and to indicate whether they were decided following consultation with the representative organizations of employers and workers concerned and whether equivalent protection is provided for, as envisaged in Article 1(4) of the Convention.
Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that statistics and information on the number of workers covered by the measures that give effect to the Convention, and the number and nature of the violations reported, still do not currently exist. Noting the absence of information in this regard, the Committee requests the Government to intensify its efforts to collect information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the violations reported, and the nature and causes of the occupational illnesses and accidents reported, and to provide this information when it becomes available.

C. Protection in specific branches

1. Safety and Health in Construction Convention, 1988 (No. 167)

Application of the Convention in practice. Further to its previous comment, the Committee notes the Government’s indication that the Controls, Worksites and Authorizations (CCA) Service, created in March 2008, has the mandate of reinforcing the promotion of a culture of OSH prevention, awareness and information in the construction sector with a view to the continuous reduction of the number of occupational accidents and diseases. The CCA also carries out controls of working conditions, OSH, the posting of workers and the use of hoisting machinery on temporary or mobile worksites, as well as investigations relating to occupational accidents that occur in all sectors. In this regard, the Committee notes that the number of controls carried out by officials of the CCA Service has increased as follows: from 568 in 2018 to 1,189 in 2019 and 2,048 in 2020. During these controls, some 7,722 violations were reported in 2020, compared with 3,149 in 2019 and 1,064 in 2018. The Committee also notes the nature of the violations reported, and the decisions and measures adopted as a result of the controls. Finally, it notes the information in the 2020 annual report of the ITM, according to which the inspection services reported 161 occupational accidents in the construction sector, or 27.71 per cent of the accidents reported in 2020. The Committee requests the Government to intensify its efforts to reduce the number of occupational accidents in the construction sector. It also requests the Government to continue providing information on the application of the Convention in practice, including the number and nature of the violations reported, the measures taken as a result, the number of sanctions and remedial measures taken, and the number, nature and cause of the employment accidents and occupational diseases reported.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 16(2) of the Convention. Inspection services and application of the Convention in practice. The Committee notes that the 2020 annual report of the ITM indicates that the Mines, Mining and Quarries (MMC) Service was created at the beginning of 2020. According to the report, the responsibilities of the Service include reporting on the conditions of sites, the full identification of sites, mapping, the determination of methods of surveillance and prevention. On the basis of the problems encountered in practice in relation to the securing of mine openings, the ITM envisages the preparation of new laws and regulations on the subject which also imply the retrocession of mining concessions. The report indicates that two persons are responsible for specific matters relating to the safety of existing mines that are still being exploited or are due to be closed with a view to ensuring the safety of all those called upon to intervene. In light of the creation of this Service, the Committee requests the Government to provide information on the application of the Convention in practice and to indicate the activities undertaken by the MMC since its establishment.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 9. Safe use of machinery. The Committee notes that, according to the Government’s report, responsibility for the implementation of the provisions of Article 9 lies with the Luxembourg Institute for the Standardization, Accreditation, Safety and Quality of Products and Services. The Committee requests the Government to provide further information on the legal framework and mandate of this Institute and on the activities undertaken for the implementation of measures relating to the safe use of machinery.

C159 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government on 5 December 2020, as well as on the basis of the information at its disposal in 2019.
Articles 1(2) and 2 of the Convention. National policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information sent by the Government on the application of the Convention and the measures adopted in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities. It notes with interest the main policy statements, legislative texts and administrative regulations, and also the practical measures taken for persons with disabilities, including the adoption in January 2020 of the second “National Action Plan for the implementation of the Convention on the Rights of Persons with Disabilities 2019–24”. Section 7 of this Plan, devoted to work and employment, describes the measures concerning access to work, remaining in employment, follow-up to the measures and adaptation of the legislative framework. Moreover, the Committee notes a series of practical measures adopted for persons with disabilities, in particular: (i) the 2018–23 coalition agreement of the Government of Luxembourg, which aims, inter alia, at making the employment market more inclusive for persons with disabilities; (ii) the Act of 1 August supplementing the Labour Code establishing assistance with respect to inclusion in employment for workers with disabilities and workers involved in outplacement, which provides for support geared to the needs of persons with disabilities at their workplace, in order to facilitate integration in and retention of employment; (iii) the amended Act of 12 September 2003, incorporated into the Labour Code, which regularizes the recruitment of persons with disabilities and provides for a compensation tax in the event of an employer’s refusal to hire the prescribed number of persons with disabilities (section 12); and (iv) the programme for the occupational redeployment of workers who are unable to occupy their last job for reasons related to health, infirmity or reduced strength but do not receive an invalidity benefit. The aim of this programme is to enable these workers to keep their jobs (by appointment to another post within the enterprise or by adjustment of the post or hours of work) or to find work suited to their current capacities. The Committee requests the Government to provide information on the impact of the implementation of the second National Action Plan 2019–24 on the application of the Convention. It also requests the Government to provide information, including statistics disaggregated by sex and age, on the effects of the measures taken to ensure the inclusion in employment of persons with disabilities.
Articles 3 and 4. Promotion of employment for persons with disabilities. The Committee previously invited the Government to continue providing information on the measures taken to promote employment possibilities for persons with disabilities in the open labour market. The Government indicates that in 2018 the Ministry of Labour, Employment and the Social and Solidarity Economy (Ministry of Labour) signed collaboration agreements with 10 organizations which manage sheltered workshops. The Ministry of Labour also introduced a flat-rate subsidy system, the calculation for which is based on the number of workers with disabilities catered for in sheltered workshops. In 2018, sheltered workshops offered employment contracts to 1,213 workers with disabilities. With regard to measures to promote employment possibilities for workers with disabilities in the open labour market, the Government indicates that employers who hire workers with disabilities are eligible for wage subsidies (from 30 to 100 per cent) and coverage of a part of the costs of wages, training, adjustment of posts and access to them, employers’ social security contributions, and also the provision of adjusted occupational equipment. The Committee notes the detailed statistics provided by the Government, particularly those concerning the number of recipients of wage subsidies and the amount of reimbursements related to wage costs. It also notes that 50 jobs in the service of the State are still reserved for persons who have the status of workers with disabilities. Moreover, the Government refers to various compensation revenues and reintegration projects established for jobseekers who have the status of workers with disabilities and reside in Luxembourg. In this regard, the Committee notes that candidates capable of entering the regular employment market are invited to recruitment days using the “speed-dating” model in order to meet potential employers. It also notes the establishment of various services designed to favour the placement of persons with disabilities in the regular labour market, such as the “employment café”, the Contact Centre of the Employment Development Agency (ADEM), professionalization training courses, the reintegration in employment contract (CRE), and also the Disability and Vocational Rehabilitation Service (S-HRP). The Committee requests the Government to continue providing detailed and up-to-date information, including statistics disaggregated by sex, age and occupation relating to the impact of the measures adopted to promote employment possibilities for persons with disabilities in the open labour market.
Article 5. Consultation of the social partners. The Committee previously asked the Government to indicate the manner in which it is ensured that the representative organizations of workers and employers are consulted on the implementation of the Convention. The Government indicates that exchanges with the social partners take place regularly within the Standing Committee on Labour and Employment, bringing together the representatives of workers and employers. This Committee is responsible, inter alia, for examining the situation of vocational rehabilitation and the employment of persons with disabilities. It also indicates that, in the legislative context, employers’ associations and trade unions and also the Chamber of Workers and Trades are consulted by the drafters of laws and regulations which have a connection with disability policy. In this regard, the Committee notes that the new National Action Plan 2019–24 has been drawn up by the Ministry of the Family, Integration in the Greater Region (MIFA), in close collaboration with other ministerial departments, associations and various other stakeholders as well as the Higher Council for Persons with Disabilities (CSPH) and the Action Plan Steering Group. The Committee requests the Government to continue providing information on the manner in which the organizations of workers and employers and also representative organizations of and for persons with disabilities are consulted with regard to the implementation of the National Action Plan 2019–24 and any evaluation of its impact.
Articles 7 and 9. Vocational rehabilitation. With regard to vocational rehabilitation, the Government indicates that vocational rehabilitation measures are accessible to all categories of persons with disabilities. The Committee notes the information, including the statistics provided by the Government on measures for vocational guidance, training, re-education, integration and reintegration organized by ADEM. It also notes the activities of the S-HRP, which is mandated to provide employment-related advice, guidance, training and placements for persons with disabilities and also the implementation of the COSP-HR inter-ministerial cooperation project, aimed at evaluating the capacities of persons with disabilities and facilitating guidance and/or vocational rehabilitation for them. The Committee requests the Government to continue providing detailed information on the various measures taken by ADEM and the S-HRP, and also those envisaged in the context of the COSP-HR relating to vocational rehabilitation and employment for persons with disabilities. The Committee also requests the Government to provide up-to-date statistics, disaggregated by sex, age and occupation, on the number of men and women workers with disabilities who have been placed in sustainable employment in the open labour market or who have received advice and vocational training provided by the above-mentioned services.

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 8(1) of the Convention. Employment protection. Dismissal for serious misconduct. Burden of proof. In its previous comments, the Committee noted that sections L.337-1 to L.337-6 of the Labour Code prohibited dismissal during pregnancy and maternity leave but that if a woman committed serious misconduct, she could be dismissed with immediate effect subject to authorization by the labour tribunal. In this regard, the Committee asked the Government to indicate whether, in the course of this procedure, the employer was required to prove that the dismissal for serious misconduct was unrelated to pregnancy, childbirth and its consequences or nursing. Since there has been no reply to this question from the Government, the Committee recalls that, even though Article 8(1) of the Convention provides for the possibility for an employer to dismiss a woman on grounds unrelated to pregnancy, childbirth and its consequences or nursing, the burden of proving that such grounds are unrelated lies with the employer, pursuant to the same Article. The Committee once again requests the Government to inform it of any legal or procedural measure establishing the obligation for the employer to prove that the grounds of dismissal for serious misconduct are unrelated to pregnancy, childbirth and its consequences or nursing, particularly in the context of the procedure for requesting authorization from the tribunal provided for in section L.337-1 of the Labour Code.
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