Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom without interference from the public authorities. In its previous comments, the Committee requested the Government to communicate the text of the act concerning conditions of eligibility for social elections which, inter alia, was to amend section 6(1) of the Act of 6 May 1974 in order to enable workers who are not nationals of Luxembourg or other European Union States to be able to belong to joint works committees. The Committee also requested the Government to communicate any text which had been drawn up in the context of the reform relating to staff representation.

The Committee notes with satisfaction section III of the Act of 18 July 2003 amending section 6 of the Act of 6 May 1974 establishing joint committees in private sector enterprises and organizing the representation of employees in limited liability companies. It notes that foreign workers may belong to joint committees as staff representatives, subject to certain conditions. Workers who are nationals of a non-Member State of the European Economic Area Agreement and who hold a "B" or "C" work permit or another kind of work permit are eligible. In this latter case, the workers concerned may be elected to up to one-third of the seats available for staff representation.

The Committee also notes the Government’s indication that, with regard to the overall reform of staff representation, the preliminary draft act is on the point of being finalized and will soon be submitted to the social partners for their opinion before being placed on the agenda of the Council of Ministers. The Committee requests the Government to keep it informed in this regard and to send the text of the relevant act.