Luxembourg: Industrial relations

Updating authors: Patrick Ries and Julie Erbrech, Loyens & Loeff Luxembourg

Original author: Arendt & Medernach

See the legal services provided by the author of International > Luxembourg, including any discounts/offers for subscribers.

Summary

• Trade unions that are officially recognised as "representative" at overall national level, or in an important sector of the economy, have certain entitlements, such as rights to initiate and participate in collective bargaining, and to nominate candidates for election to workplace staff delegations. (See Trade unions)
• Various statutory rules apply to the collective bargaining process, and to the content and effects of collective agreements. (See Collective bargaining and agreements)
• A staff delegation, with information and consultation rights, must be elected in all establishments where 15 or more employees work. (See Informing and consulting employees - general)
• Employers contemplating collective redundancies must inform employee representatives and negotiate with them over a "social plan". (See Informing and consulting prior to redundancies)
• In the event of a planned business transfer, the transferor and transferee must provide specified information to employee representatives (or in their absence, the affected employees) and, in some cases, consult them with a view to reaching agreement. (See Informing and consulting prior to transfers)
• "Community-scale" undertakings or groups of undertakings with headquarters in Luxembourg must, at the request of employees or their representatives, establish a special negotiating body to negotiate over the establishment of a European Works Council. (See European Works Councils)
• Employee representatives must make up one-third of the members of the board of directors of public limited companies with at least 1,000 employees. (See Board-level employee representation)
• Before industrial action may be held, disputes must be referred to a mandatory conciliation procedure. (See Industrial action)