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Legislation from 23 July 2015 reforming the social dialogue within companies marks the beginning of a new era for Luxembourg. It will come into force on 1 January 2016 and introduces German-style works councils. The Belgian-style works councils which have existed since 1974 as parity-based commissions of employer and employee representatives in companies with more than 150 employees, are to be dissolved. In the future a works council can be established in all companies with at least 15 employees. Originally the legislation was due to enter into force in 2013 (see report in EWC News 1/2013), but was delayed due to a government crisis.
The works council ("délégation du personnel") has information and consultation rights which are closely modelled on the text of the new EWC Directive and in addition also codetermination rights on specific topics of personnel and social policy in companies with more than 150 employees. There are representatives responsible for occupational safety and equality and the employer bears the cost of experts chosen by the works council itself. One works council member is completely exempted from work in companies with at least 250 employees and two from 501 employees onwards. A general employee assembly takes place once a year during working hours. Each works council member has a right to leave for training. An arbitration board ("commission de médiation") with a neutral chairperson is provided for the resolution of disputes.
The Christian trade union confederation LCGB criticized the legislation since it transfers tasks for which unions were previously responsible, to the works councils. The social-democratic trade union confederation, OGBL has welcomed the new legislation. The employers' confederation took a negative view. The last works council elections were held in November 2013 in the old legal context. More than 50% of all seats were allotted to non-union candidates
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