Objectives

This intense learning programme will allow participants to gain solid knowledge of the legal framework concerning the staff delegation. They will get a very good grasp of the practical questions possibly arising about the relations between the employer and the staff delegation.

Furthermore, they learn about the role of trade unions and about negotiation of collective agreements. 

 Content

Attendance of all modules is recommended but not mandatory. The list allows to choose the subtopics which are of particular interest to participants:

Module 1: Interaction with the employees' delegates 

Introduction: General overview 

• Types of employee’s representations
• Role and function of employee’s delegates
• Social elections*

*in case the company is obliged to organize social elections, this section can be extended

Functioning of the delegation

• Staff delegation meetings
• Time credit and released staff delegates
• Right to training-leave

Means of the staff delegation 

• Entitlement to equipment
• Financial entitlements

Interactions of the delegation 

• Free movement within the undertaking
• with staff members
• with the employer
• assistance at meetings
• negotiations with the delegates
• with Trade Union
• with external authorities

Competences and attributions of the staff delegation

• General mandate
• Information and consultation
  • Right to be heard and consulted
  • Access to information
  • Confidentiality obligations
• Subjects of information and consultation
  • Social issues
  • HR issues
  • technical, economic and financial matters
• Participation in certain company decisions
• Special focus on
  • Occupational health and safety
  • Internal regulations

Module 2: Interaction with the employees' delegates 

Protection of staff delegates 

• Protection against retaliation and discrimination
• Protection against the unilateral modification of the contract
• Protection against dismissal
  • Principles and sanctions
  • Exceptions
  • Contract termination in case of gross misconduct
• Protection of their competences and attributions

• Civil consequences
• Criminal sanctions

The representative in charge of Health & Safety at Work

• Missions and competencies
• Means of action

The representative in charge of Equality & Diversity 

• • Missions and competencies
  • Means of action

Module 3: Interaction with trade unions, collective bargaining 

Trade Unions

• What are they and what is their role ?
• Trade Union landscape in Luxembourg
• A glance at employer organisations

Freedom of association

• Principles of non-discrimination and non-retaliation
• Trade-union activity by individual employees

Means of action of Trade Unions

• Rights and competences outside of the company
• Rights and inside the company
• Right to strike

Negotiation of collective agreements

• Introduction
• Purpose of collective agreements
• Scope of application of collective agreements
• Status of senior managers
• Relationship with employment contract and other legal instruments
• Negotiation and re-negotiation
• Parties to a collective agreement
• Negotiation procedure
• Duration and denunciation
• Content of collective agreements
• Mandatory clauses
• Optional clauses
• Impact of a transfer of undertaking

Other types of negotiations

• National agreements
• Company-level agreements and “subordinate” agreements
• Job retention plans
• Collective redundancies and redundancy plans

Conciliation procedures in Luxembourg

• Role and attributions of the Office National de Conciliation
• Procedure and outcome

Speakers

Our speakers belong to our specialised and complementary teams and as such cover all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.

Target audience

Human resources professionals, lawyers specialising in company law, or anyone with HR responsibilities.

Duration

Estimated duration 6 hours. The programme can be logically split into 3 modules. 

Languages

English, French, German (in customised format) 

For more information please contact us by e-mail at institute@arendt.com