Who can conclude an agreement on inter-professional social dialogue?

The partners who can conclude a national or inter-professional agreement are:

  • the trade union organizations that are recognized as having overall representativeness nationally;
  • employers’ organisations which operate on the national and sector level, or represent one or more branches, professions, types of activities or which declare themselves to be associated for the purpose of concluding such an agreement.

What areas can be covered by an inter-professional social dialogue agreement?

Such agreements may be concluded at national or inter-professional level.

They may cover the following topics:

  • transposition of collective agreements adopted by the social partners at European level in accordance with the provisions of the Treaty on European Union;
  • transposition of European directives providing for the possibility of transposition at national level by agreement between the national social partners, and in particular directives based on the agreement of the social partners at European level;
  • national or inter-professional agreements on subjects on which the two partners have agreed, such as the organisation and reduction of working hours, continuing vocational training, etc.

What is the scope of a declaration of general obligation of agreements in the field of inter-professional social dialogue?

National or inter-professional agreements may be declared to be of general application to all businesses legally established in the national territory and the workers employed therein.

Who can apply for a declaration of general obligation?

The request for a declaration of general obligation is jointly addressed to the Minister of Labour by the trade unions that have overall representativeness nationally and by the ­employers’ federations that have signed a national agreement.

How is the declaration of general obligation decreed?

The declaration of general obligation is made by grand-ducal regulation on the basis of a unanimous proposal of the members of the two groups of the joint conciliation commission of the ONC, with the professional chambers asked to express an opinion.