Staff delegation elections to be held in March 2024

At a glance

• Companies in Luxembourg will elect their staff delegations on 12 March 2024.
• The election of staff delegations comprises of three phases which include a preparatory phase, a pre-electoral phase and an electoral phase.
• Administrative fines will apply to employers who fail to organise elections.

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On 12 March 2024 companies in Luxembourg will have to elect their staff delegations.

According to the Labour Code, any company, regardless of the nature of its activities, its legal form, or its business sector, that employs more than 15 employees in the 12-month period leading up to the month before the election date (e.g. 9 February 2024), has to organise the election of a new staff delegation.

The number of staff delegates and substitutes to be elected in each company depends on the number of employees it has.

Preparations for these elections should start well in advance to allow the companies to be ready for the process. The election of staff delegations comprises of three phases:

• A preparatory phase: The companies will carry out a series of activities before the official commencement of the electoral process. This includes the determination of the number of employees, and the establishment of the alphabetical lists of the active and passive electorate.
• The pre-electoral phase: During this phase, which starts a month before the ballot day, the companies must publish the notice of election, draw up the electoral lists, and register the candidates. These steps have to be recorded with the Inspectorate of Mines and Labour (ITM) through the online platform Myguichet.lu.
• The electoral phase: During this phase, the companies will have to prepare everything that they need for the election day. This includes preparing the voting slips, and setting up the polling stations or electoral offices. After the elections, the list of elected delegates has to be published within three days. Any objections or irregularities have to be reported to the ITM within 15 days from the publication of the results.

The elected staff delegations will then have to take office between 3 and 12 April 2024, subject to any objections.

Employers who fail to organise the elections will be liable to pay an administrative fine of EUR 251 to EUR 15,000. In cases where there are irregularities in the process (e.g. one of the steps is not followed as per the applicable regulation), any elector or candidate may bring it to the attention of the ITM for the elections to be annulled and repeated within two months of the date of annulment.  

Do not hesitate to reach out should you have questions or require assistance in order to ensure the compliance of your organization before or during the staff delegation elections in March 2024.