Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Luxemburgo (Ratificación : 2001)

Article 1(1)(a) of the Convention. Sexual harassment and other forms of violence at work. The Committee notes with interest that Act A187 of 29 March 2023 introduces a protection mechanism against moral harassment into the Labour Code. This Act henceforth coexists with the collective agreement of 25 June 2009 on harassment and violence at work signed between the Trade Union Organization of Luxembourg (OGB-L) and the Confederation of Christian Trade Unions of Luxembourg (LCGB) on the one hand, and the Union of Luxembourg Entreprises (UEL) on the other, which until now was the only mechanism covering moral harassment. The Committee notes that the new section L.246-2 of the Labour Code sets out that moral harassment in the context of employment relationships constitutes any conduct which, by its repetition or systematic nature, harms the dignity or psychological or physical integrity of a person. The Government indicates that in 2022 the Inspectorate of Labour and Mines (ITM) received 631 claims relating to harassment (but does not specify whether these were cases of moral or sexual harassment) and launched communication campaigns to raise awareness and put an end to situations of harassment in the workplace. The Committee also notes that between 2021 and 2022, in-person visits to the ITM increased by 89.95, but that there is no information on this sharp increase. The Committee requests the Government to continue to provide information on: (i) the specific measures taken to effectively prevent and combat sexual and moral harassment at work, including on the impact of Act A187 of 29 March 2023; (ii) the number of complaints or cases of sexual and moral harassment at work dealt with by the Inspectorate of Labour and Mines (ITM), the courts or any other competent authorities, specifying the remedies granted and penalties imposed on the perpetrators.

Article 2. Equality of opportunity and treatment for women and men. The Committee notes the information provided by the Government concerning the measures taken to raise awareness of gender equality among students, particularly by adapting school textbooks and organizing events to promote subject matters in which women are under-represented, such as science. The Committee notes that the National Action Plan for Gender Equality (Vivons l’égalité), adopted in 2020, was subject to an initial evaluation in 2022, which was largely positive and encouraging in view of the number of measures carried out. It notes that in May 2023, the Ministry for Gender Equality (MEGA) sent a letter to all the partners involved in the development of the plan, requesting their views on the main challenges relating to equality policies and the instruments to be implemented to speed up progress towards an egalitarian society. This input will serve as a basis for the modifications to the plan to be prepared in the forthcoming months. The Committee also notes that, according to the Gender Equality Index of the European Institute for Gender Equality (EIGE), in 2023, Luxembourg ranked seventh, up two places from the previous year, despite the increase in gender inequality in access to decision-making positions. The Committee requests the Government to: (i) continue to provide information on the measures taken to effectively promote gender equality in employment and occupation, including by combating gender stereotypes and occupational segregation based on gender, and by increasing the participation of women in scientific and technical fields, as well as in decision-making positions; and (ii) provide information on the modifications to the National Action Plan for Gender Equality, further to the input from the various partners approached during this exercise. In the absence of information on this point, the Committee requests the Government to provide updated information on the impact of the measures taken as part of the positive action programme for gender equality in employment and occupation, in both the public and private sectors. Lastly, it requests the Government to provide statistics on the gender distribution in employment, disaggregated by economic sector and by occupation.

Workers with family responsibilities The Government indicates that two new Acts were published in 2023 aimed at: (i) transposing into national law Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers. The Directive sets out minimum requirements for paternity, parental and carers’ leave, and flexible working arrangements for workers who are parents or carers. By facilitating a balance between working life and family life for these parents and carers, the Directive intends to (i) contribute to the objectives defined in the Treaty on European Union concerning equality of opportunities between women and men in the labour market and equality of treatment in the workplace, as well as the promotion of a high employment rate in the EU; and (ii) afford the right to special leave in the event of the birth of a child. The Committee notes that these new Acts introduced new leave into the national legislation, in particular: (i) special leave for the birth of a child, granting it to any persons recognized as the second parent (without consideration of his or her status as self-employed, employee or public servant) thereby allowing a number of same sex couples to take leave due to the birth of a child, better known as parental leave; (ii) inclusion of self-employed persons in the system for leave due to the birth or adoption of a child, on an equal footing with employees and public servants; (iii) carer’s leave of five working days per year for personal care or assistance for a family member; and (iv) one day’s leave per year owing to force majeure for emergency family reasons due to sickness or accident, making the employee’s immediate presence imperative and requiring flexible working arrangements. The Committee notes with interest this information. It requests the Government to provide statistical data, disaggregated by sex, on the number of workers who have made use of the possibility of: (i) taking parental leave; (ii) taking leave for family reasons; and (iii) working part-time for family reasons. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that part-time workers also have access to decision-making positions.

Equality of opportunity and treatment without distinction on the basis of race, colour or national extraction. The Committee notes the information provided by the Government that a new employment system for third country nationals has been set up, which includes the introduction of foreign workforce certificates issued to employers further to a procedure of the Employment Development Agency (ADEM), and that between 2019 and 2022 the number of certificates issued doubled, reaching 5,460. This figure demonstrates the ongoing difficulty in finding certain skills required on the labour market of Luxembourg but also in other European countries. The Committee also notes that from the information available on the website of the Diversity Charter Lëtzebuerg, 328 organizations have adhered to the Charter and that it includes a system for registering and disseminating best practices. It notes that the Diversity Charter Lëtzebuerg is a national commitment text proposed for signature to any organization (from the private and public sectors, and volunteer associations) in Luxembourg wishing to commit to diversity promotion and management both in the company’s decision-making and management processes as well as in the management of its human resources, through concrete actions that go beyond legal obligations. It guides signatory organizations in the implementation of practices that promote cohesion and social equity, and works towards a better understanding of the issues of diversity and inclusion, hand in hand with the national, European and international social partners. Building on its success with companies in Luxembourg, the Diversity Charter Lëtzebuerg currently represents 15 per cent of Luxembourg’s payroll. The Committee once again requests the Government to provide information on the specific measures implemented to prevent discrimination based on race, colour or national extraction and to ensure effective equality of opportunity and treatment in access to education, occupational training and employment for persons with migration backgrounds, particularly from non-European Union countries; and refers the Government to its observation on Article 1(1)(a) of the Convention.

Article 3(a). Collaboration with the social partners. Given the lack of information provided on this point, the Committee once again requests the Government to indicate how in practice the workers’ and employers’ organizations are encouraged to participate in the formulation and implementation of measures to promote equality of opportunity and treatment for women and men in employment and occupation, within the framework of the institutionalized and ongoing tripartite or trilogue social model of Luxembourg among the Government, employers and trade unions.

Specialized equality body. The Committee notes that in the Country Report: Gender equality of the European network of legal experts in gender equality and non-discrimination of the European Commission, concern is expressed that there is still very little case law on discrimination, and that the budget of the Centre for Equality of Treatment (CET) is very low, so its possibilities for action are limited. The Committee once again requests the Government to provide information on any steps taken to strengthen the role of the Centre for Equality of Treatment (CET) in combating discrimination on the grounds listed in the Convention, particularly in relation to dealing with complaints and conducting investigations.

Enforcement. The Government indicates that in 2022 eight cases concerning wage inequality between men and women were filed with the ITM, with no further details provided. The Committee notes that the ITM launched a communication campaign to raise awareness among the population and to end situations of workplace harassment. It also notes that in 2023 the Government organized: (i) the presentation of a new information and sharing tool for equality representatives in the state public sector and municipalities, aimed at strengthening their support mechanisms; and (ii) a discussion on gender equality in education and on professional and occupational segregation in employment. The Committee requests the Government to provide information on the above-mentioned cases handled by the Inspectorate of Labour and Mines (ITM), particularly on the penalties and remedies, and on any administrative or judicial decisions. It also requests the Government to provide information on any awareness-raising activities carried out among workers, employers and the respective organizations relating to questions on discrimination and equality.