Bill 7290, submitted to the Chamber of Deputies on 23 April 2018, aims to modify several articles of the Labour Code which concern social elections in order to make certain administrative processes paperless in the context of social dialogue. The planned new provisions would therefore apply to the next social elections, scheduled for 2019.

New paperless process

According to the bill, this move towards paperless processes would involve the dedicated online platform, MyGuichet. Template forms drawn up by the Inspectorate of Labour and Mines (ITM) would be made available to businesses via the platform, with a view to simplifying the administrative processes required for social elections.

To this end, the bill stipulates, among other things, that employers would have to:

  • access the platform;
  • use the pre-prepared form provided by the ITM; and
  • within five days from their receipt of written communication from the chair of their staff delegation, register the surnames, first names and national registration numbers of:
    • the chair, vice chair, secretary and members of their staff delegation;
    • their health and safety representative; and
    • their equality representative.(1)

In practical terms, employers would have to:

  • sign the printed form;
  • ensure that the chair of their staff delegation signs the form; and
  • submit the form to the ITM via the MyGuichet platform.

The bill specifies that it would be up to the chair of the staff delegation to inform the employer in writing of the surnames, first names and registration numbers of the abovementioned persons within three days of the founding meeting.(2)

Further, employers would have to download, complete and submit the following to the ITM via the MyGuichet platform:

  • the office election records stipulated by Article L 413-1(6) of the Labour Code; and
  • the non-election records stipulated by Article L 413-1(7) of the code.

In order to be able to use the MyGuichet platform, a company's managing director would receive a code before the electoral process begins, which they could use to undertake administrative processes as stipulated by the applicable legal and regulatory provisions. To this end, a draft Grand Ducal regulation plans to update the applicable regulatory provisions to support the move towards making these processes paperless and reflect the law of 23 July 2015 which reformed social dialogue and eradicated joint committees.

Comment

According to the bill, making certain processes paperless will result in a clear simplification of administrative tasks for managing directors and the ITM. It will also enable the ITM to receive provisional ballot results on the same day as the social elections and publish them immediately.

For further information on this topic please contact Guy Castegnaro or Ariane Claverie at Castegnaro by telephone (+352 26 86 82 1) or email (guy.castegnaro@castegnaro.lu or ariane.claverie@castegnaro.lu). The Castegnaro website can be accessed at www.castegnaro.lu.

Endnotes

(1) Modified Article L 416-1(3) of the Labour Code.

(2) Modified Articles L 414-14(1) and L 414-15(1) of the Labour Code.

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