Who are equality representatives?

Equality representatives are employee delegates who work to ensure that women and men share a genuinely equal workplace. Their role is to monitor working conditions and make sure no unjustified differences exist within the professional environment.

Their appointment becomes mandatory once a company reaches a staff size of fifteen employees. They are chosen by the newly elected staff delegation during its inaugural meeting, selected from among the full or substitute staff delegates. Within three days, the delegation must inform both the employer and the Inspectorate of Labour and Mines in writing.

Equality representatives are protected against any substantial change to their employment contract and against dismissal. If necessary, they may ask the President of the Labour Court to enforce this protection. Further information is available on the website of the Chamber of Employees at csl.lu.

All relevant legislative references currently in force can be found from page 46 of this guide onwards.

Legal basis

What are their responsibilities?

One of the core responsibilities of equality representatives is to promote equality within the company.

More broadly, their mission is to safeguard equal treatment for women and men at work, at every stage of the employment relationship. This includes:

  • access to employment, including selection criteria and recruitment conditions, regardless of the sector of activity and at all levels of the professional hierarchy;
  • access to vocational training;
  • access to professional promotion;
  • pay;
  • working conditions;
  • dismissal procedures.

To fulfil these aims, equality representatives, acting alone or together with the staff delegation, are empowered to:

  • give their opinion and make proposals on any matter directly or indirectly related to the areas listed above.
  • suggest awareness-raising initiatives for the company’s employees.
  • prepare and present to the employer a plan of measures designed to promote equal opportunities between women and men.
  • submit individual or collective complaints to the employer concerning equal treatment.
  • prevent and help resolve individual or collective disputes that may arise between employer and staff regarding equal treatment.
  • refer any unresolved disputes to the Labour and Mines Inspectorate (ITM).
  • convene, once a year, separate meetings for the company’s male and female employees.
  • ensure that apprentices receive training on equality within the company.
  • contribute to the development and implementation of any scheme for initial vocational training, including apprenticeships.
  • offer consultations for employees in an appropriate space, either outside working hours or during working hours. In the latter case, equality representatives must agree with the employer on the time and organisational arrangements. The time spent on these consultations is deducted from their hour credit.
  • give their opinion prior to the creation of any part-time position in the company.

Equality representatives may also intervene in the following matters:

  • Sexual harassment: They are responsible for ensuring that employees are protected from any form of sexual harassment in the workplace. They may propose any preventive measures they consider necessary.

They may also support and advise any employee who experiences sexual harassment. They are required to maintain confidentiality about any information they receive in this
context, unless the affected employee releases them from this obligation.

An employee who experiences sexual harassment may be accompanied and assisted by a staff delegate or an equality representative during meetings with the employer or their representative.

  • Parental leave: The staff delegation, where one exists, must be informed by the employer of any postponement of parental leave. The employee concerned, the staff delegation, the equality representative, or the nationally representative trade unions connected to the company through a collective agreement may refer the matter to the Inspectorate of Labour and Mines if they believe the postponement is not justified. The director of the Inspectorate or their delegate may act to prevent or resolve disputes.
  • Pregnant workers: Employers must inform every pregnant or breastfeeding employee, as well as the staff delegation and equality representatives where applicable, of the list of tasks from which these employees must be protected, and of the measures taken to eliminate any risks to their health or safety and any possible effects on pregnancy or breastfeeding.
  • Employment trends: Employers must inform and consult the staff delegation and equality representatives about the situation, structure, and expected evolution of employment within the company, as well as any planned anticipatory measures, especially in situations where jobs may be at risk. Twice a year, they must provide statistics broken down by sex on recruitment, promotion, transfer, dismissal, pay, and training.
  • CAE et CIE contracts: Employers must also inform and consult the staff delegation and equality representatives when concluding employment support contracts (CAE) and employment initiation contracts (CIE).
  • Selection criteria: In companies with at least 150 employees, decisions concerning the establishment or modification of general criteria for selection in recruitment, promotion, transfer, dismissal, and – where applicable – criteria for determining priority access to early retirement must be taken jointly by the employer and the staff delegation. The same applies to any program or collective measure relating to continuing vocational training, and to general criteria for evaluating employees.

Staff representatives must regularly report to the delegations at the level of the economic and social entity, as well as to the equality representatives, on the outcome of discussions concerning these matters. They must also provide equality representatives with an up-to-date list of the general criteria, even if the employer classifies them as confidential. In such cases, equality representatives are bound to confidentiality, except when referring criteria that violate the principle of equal treatment to the Inspectorate of Labour and Mines.

  • Access to an employee’s personnel file: Every employee has the right to access their personal file twice a year during working hours. They may be assisted by a member of the staff delegation or an equality representative, who must maintain confidentiality unless released from this obligation by the employee.

Any explanations the employee wishes to add regarding the contents of their personnel file must be included upon request.

Practical examples:

  • After being appointed, inform employees about your role and areas of intervention, either in a meeting or via email or a leaflet;
  • Monitor whether the employer guarantees gender equality in recruitment, and request the criteria used to select candidates;
  • Ensure that the employer upholds equal treatment in terms of pay and recognition of qualifications;
  • Make sure the employer provides equal opportunities in career development for all employees;
  • Suggest implementing a procedure for preventing moral and sexual harassment and ensure that information is made available to all employees;
  • Take part in developing an ongoing awareness-raising policy on equality between women and men for the entire workforce;
  • Provide the staff delegation and employees with information related to equality;
  • Encourage both mothers and fathers to make use of parental leave.

The mission of equality representatives focuses specifically on issues related to gender equality, while the broader mandate of staff delegations covers the following additional grounds of discrimination:

  • actual or perceived nationality, race, or ethnic origin;
  • disability;
  • age;
  • sexual orientation;
  • religion;
  • personal beliefs.

Note: The Labour Code provides specific protection for women during pregnancy and maternity: ‘The provisions relating to the protection of pregnancy and maternity do not constitute discrimination but are a necessary condition for achieving equal treatment between women and men.’

Legal basis

What are their prerogatives?

Meeting with the staff delegation

If the appointed equality representative is a substitute member of the staff delegation, they may take part in all decisions related to their special mandate and may attend all meetings of the relevant delegation in an advisory capacity.

Staff delegations may meet once a month during working hours, provided that the management is given at least five working days’ notice, unless a shorter period is mutually agreed. They must, however, meet at least six times a year during working hours, including at least three meetings held jointly with the company’s management.

Time spent in these meetings is paid as working time.

Getting in touch with employees

Members of the staff delegation have the right to contact all employees of the company. They are therefore authorised to move freely within the company, on worksites, or at other temporary workplaces, and to meet with employees after informing the employer. They are also entitled to contact them using any communication tools available within the company.

Communicating

Equality representatives may freely post communications, reports, and statements on notice boards or other spaces accessible to employees that are reserved for this purpose, including electronic media, as long as the content relates directly to their duties.

Access to information

Equality representatives are bound by professional secrecy regarding all matters related to manufacturing processes. They must also keep confidential any information that is of a confidential nature and expressly designated as such by the employer in the legitimate interest of the company. This duty applies both toward employees and toward third parties, unless those employees or third parties are themselves bound by confidentiality. The employer may refuse to provide information or to carry out consultations when, according to objective criteria, the nature of the information would seriously impede the functioning, management, or future of the company, cause harm to the company, or jeopardise a planned operation.

Note: If members of the staff delegation consider that information has been wrongly classified as confidential, or that the employer’s refusal to provide information or to hold consultations is unjustified, they may file an appeal within fifteen days with the Director of the Inspectorate of Labour and Mines. The decision of the Director, or of their delegate, must be sent to the parties no later than eight days after the request is submitted. It must be provided in writing, duly reasoned, and take into account both the interests and needs of employees and their representatives, and the economic requirements and constraints the employer must consider when exercising managerial authority in accordance with sound management principles. Within fifteen days of notification, the decision of the Director of the Inspectorate of Labour and Mines, or of their delegate, may be challenged before the Administrative Court through an action for annulment.

Specific hour credits

To carry out their duties, equality representatives receive a dedicated allotment of paid hours:

  • 4 paid hours per month if, during the twelve months preceding the first day of the month in which the election notice is posted, the company employed between 15 and 25 people.
  • 6 paid hours per month if, during the twelve months preceding the first day of the month in which the election notice is posted, the company employed between 26 and 50 people.
  • 8 paid hours per month if, during the twelve months preceding the first day of the month in which the election notice is posted, the company employed between 51 and 75 people.
  • 10 paid hours per month if, during the twelve months preceding the first day of the month in which the election notice is posted, the company employed between 76 and 150 people.
  • 4 paid hours per week if, during the twelve months preceding the first day of the month in which the election notice is posted, the company employed more than 150 people.
Company size Hour credits
15 to 25 employees 4 hours per month
26 to 50 employees 6 hours per month
51 to 75 employees 8 hours per month
76 to 150 employees 10 hours per month
150 employees or more 4 hours per week

This additional hour credit is reserved exclusively for equality representatives.

They are entitled to leave their workstation without any reduction in pay whenever necessary to carry out their duties, provided they inform the employer and their absence does not impede the proper functioning of the service.

Specific training leave

Employers must grant equality representatives paid time off − known as training leave − to attend training activities organised by trade unions or specialised institutions. These activities must take place during normal working hours and aim to strengthen the economic, legal, social, and psychological knowledge necessary for fulfilling their mandate.

Equality representatives are entitled to two half-days of training leave per year, which are not deducted from their annual recreational leave.

The duration of this training leave counts as actual working time. For companies with no more than 150 employees, the related salary costs are covered by the State.

Legal basis

What kind of knowledge is essential for carrying out their mandate?

Rethinking the workplace to address the various gender-related challenges requires engaging with the issues and dynamics of inequality and discrimination between women and men at work.

What do we mean by 'Equality'?

The principle of equality is first established in the Constitution under Article 15, paragraph 1: ‘Luxembourgers are equal before the law‘.

There is also a constitutional principle of equality between women and men, set out in Article 15, paragraph 3, which states: ‘Women and men are equal in rights and duties. The State shall actively promote the elimination of any obstacles to equality between women and men‘.

Article 16 provides that: ‘Any non-Luxembourger present on the territory of the Grand Duchy shall enjoy the protection afforded to persons and property, except for the exceptions established by law‘.

The Labour Code reinforces this principle in Article L. 241-1: ‘Any discrimination based on sex, whether direct19 or indirect20, including in reference to marital or family status, is prohibited.

Discrimination based on gender reassignment is considered discrimination based on sex. […]

Harassment as referred to in this chapter, as well as sexual harassment as defined in Article L. 245-2, is considered discrimination based on sex and is therefore prohibited.’

Article L. 251-1 of the Labour Code states that ‘any direct or indirect discrimination based on religion or beliefs, disability, age, sexual orientation, or actual or perceived nationality, race, or ethnic origin is prohibited‘.

Articles L. 225-1 and following of the Labour Code establish the principle of equal pay: ‘Every employer must ensure equal pay between women and men for the same work or for work of equal value‘.

The Criminal Code also provides for penalties relating to discrimination in Articles 454 and following: ‘Discrimination means any distinction made between natural persons on the basis of their origin, skin colour, sex, sexual orientation, family situation, age, state of health, disability, conduct, political or philosophical opinions, trade union activities, or their actual or perceived membership or non-membership of a given ethnic group, nation, race, or religion‘.

Why is it important to take action against discrimination?

The law prohibits discrimination

The Labour Code forbids discrimination in the workplace and provides avenues of redress for victims, as well as for associations and trade unions.

The Criminal Code classifies discrimination as an offence and punishes it with fines and imprisonment.
Preventing people from being treated unfairly for illegitimate reasons

Under the law, to discriminate means ‘to
treat a person less favourably than another
person in the same or comparable situation, on the basis of a prohibited ground’.

Eliminating discrimination therefore
means eliminating unjust treatment.
Any unjustified difference in treatment violates human rights, equality before the law, and equality of opportunity

Employment and work are essential pillars
for ensuring equal opportunities for all. They are also the primary means through which citizens participate in economic, social, and cultural life. For this reason, labour law establishes a strict legal framework to combat discrimination in the workplace.
A healthy company does not tolerate discrimination

The employer is required to ensure not only the physical but also the mental health and safety of employees. This includes the obligation to put an end to any situation involving discrimination or discriminatory harassment.

A company that fulfils this legal duty and refuses to tolerate discrimination creates a positive working environment for all employees and avoids unnecessary loss of time and productivity.

What are the grounds of discrimination?

Religion

Treating someone less favourably than another person because of their religion is prohibited under both the Labour Code and the Criminal Code. The reverse is equally true: it is also discriminatory to treat someone less favourably because they do not belong to a particular religion.

Beliefs

The Labour Code prohibits discrimination based on personal beliefs. The Criminal Code echoes this by prohibiting and penalising discrimination based on political or philosophical opinions. The wording used in the Labour Code is therefore broader. According to the Larousse dictionary, a “conviction” is “a principle or idea that is fundamental to a person”. It refers to a deeply held belief, whether religious, philosophical, political, or ethical in nature.

Sexual orientation

This ground concerns a person’s sexual preferences – for example, whether someone is attracted to men, to women, or to both.

Age

The ground of “age” covers all ages. Discrimination may occur when younger employees are treated less favourably than older ones, or vice versa. The criterion of “seniority”, often used by legislators and employers when taking employment- related decisions, is closely linked to age. Employees with greater seniority are often older, meaning that using this criterion may lead to indirect discrimination. However, if an objective justification exists and the means used are appropriate and necessary, a difference in treatment based on seniority is not considered unlawful discrimination.

Disability

The Labour Code does not define “disability”.

The Court of Justice of the European Union (CJEU) relies on the definition contained in the United Nations Convention on the Rights of Persons with Disabilities, ratified by the EU.

A disability is therefore understood as ‘a limitation resulting in particular from long-term physical, mental, or psychological impairments which, in interaction with various barriers, may hinder a person’s full and effective participation in professional life on an equal basis with other workers‘. In this context, obesity may constitute a disability within the meaning of the directive on equal treatment in employment.

The Court emphasises that disability does not only refer to the impossibility of carrying out a professional activity, but also to difficulty in performing such an activity. Any other interpretation would contradict the directive’s purpose of enabling persons with disabilities to access and remain in employment.

The origin of the disability – including whether the person may have contributed to it – is irrelevant when applying the principle of equal treatment.

The CJEU has also ruled that discrimination may occur when a person is treated unfavourably because of the disability of someone close to them.

Actual or perceived nationality, race, or ethnic origin

While the Labour Code prohibits discrimination based on actual or perceived nationality, race, or ethnic origin, the Criminal Code additionally refers to ‘skin colour‘. Skin colour often overlaps with concepts of race and ethnicity, as it is
frequently used – rightly or wrongly – to categorise or distinguish groups.

The Labour Code does not define ‘race‘ or ‘ethnicity‘.

Sex: Being a man or a woman, and gender identity

The principle of non-discrimination on the grounds of sex requires equal treatment for women and men.

Any direct or indirect discrimination related to marital or family status is also prohibited.

Gender reassignment

This ground prohibits discrimination against transgender people.

The legislator has broadened the scope of the principle of non-discrimination by establishing that ‘any discrimination based on gender reassignment is considered discrimination based on sex‘.

The Criminal Code likewise classifies discrimination as an offence, punishable by fines and imprisonment.

It also expands the list of protected grounds by adding:

  • origin;
  • skin colour;
  • state of health;
  • personal conduct;
  • trade union activities;
  • actual or perceived membership or non-membership of a particular nation.

Which actors can support equality representatives in their work?

The Ministry for Gender Equality and Diversity (MEGA)

Promoting equality between women and men in every field and at every level of society is a key commitment of the government. Luxembourg therefore has a ministry dedicated exclusively to this mission: the Ministry for Gender Equality and Diversity, known as MEGA.

MEGA coordinates equality-related initiatives. Its approach is comprehensive and cross-sectoral: every governmental department must integrate gender equality into the development of its policies, legislation, programs, and action plans, in line with the principle of systematically incorporating a gender perspective (‘gender mainstreaming‘). In carrying out its work, the Ministry for Gender Equality and Diversity collaborates closely with social partners and civil society.

To bring equality to life on a daily basis, MEGA has developed the ‘National Action Plan for Equality between Women and Men‘. This roadmap gathers the thematic priorities, measures, and commitments for the coming years. It reflects the ministry’s main fields of action: equality in society (the impact of gender stereotypes; the fight against all forms of gender-based and sexualised violence), equality in local life, in employment and in education.

In the field of employment, the Positive Actions program is one of the ministry’s key tools for advancing equality between women and men at work. The ministry supports companies in developing and certifying their good practices. In practical terms, after an initial assessment, each company drafts its own action plan. The equality representative is directly involved in the working group that is set up for this purpose (see the Positive Actions program on page 48 and following).

To ensure that everyone can understand and contribute to a more inclusive society, the ministry also makes data available to the public. The ministry’s Observatory reflects the situation of women and men in Luxembourg across seven fields. The online platform highlights equality between women and men in employment, in education, in public life, and in private life. Collecting and analysing gender-related data is crucial for developing targeted measures.

The Centre for Equal Treatment (CET)

Luxembourg has established an independent body tasked with combating discrimination: the Centre for Equal Treatment (CET). Anyone who believes they have been the victim of direct or indirect discrimination may contact the CET
for advice and information. However, the CET’s powers and means of action toward employers remain limited.

The CET’s mission is to promote, analyse, and monitor equal treatment for all individuals without discrimination based on nationality, race, ethnic origin, sex, sexual orientation, religion or belief, disability, or age.

In carrying out its mission, the CET may in particular:

  • publish reports, issue opinions and recommendations, and carry out studies on all matters related to discrimination.
  • produce and provide any information or documentation relevant to its mandate.
  • assist individuals who believe they have been discriminated against by offering a counselling and guidance service informing them about their rights, legislation, case law, and the available means to assert their rights.
  • conduct or commission independent investigations and analyses into unjustified restrictions and obstacles to the right to free movement, or into discrimination based on nationality against EU workers and their family members, within the meaning of (EU) Regulation No 492/2011 of the European Parliament and Council of 5 April 2011 on freedom of movement for workers within the Union.

The Inspectorate of Labour and Mines (ITM)

The Inspectorate of Labour and Mines has introduced a dedicated service addressing the issue of equal pay between women and men.

This service is available to both employees and employers and operates at the ITM offices in Esch-sur-Alzette, Diekirch, Strassen, and Wiltz.

If you believe you are facing pay inequality, you can contact the ITM:

  • by phone at +352 247-76102 (ITM’s dedicated equal pay hotline)
  • by email at egalite.salariale@itm.etat.lu
  • by post at:
    Inspection du travail et des mines
    3, rue des Primeurs
    L-2361 Strassen
  • or by visiting one of the four ITM counters located in:
    > Strassen
    > Esch-sur-Alzette
    > Diekirch
    > Wiltz.

 

How to promote equality in the workplace?

Equality representatives aim to ensure an inclusive workplace and to highlight actions that promote equality at work.

As awareness of inequalities in the professional world grows, everyone must become involved – first and foremost company leaders and management.

This raises an essential question: how can an equality policy be embedded as a genuine objective of personnel policy?

Implementing measures concerning the underrepresented sex

A sex is considered underrepresented when, in a given profession or occupation, its representation is equal to or below 40% of all employees performing that profession or occupation at national level.

An employer who hires a person belonging to the underrepresented sex may, under certain conditions, receive financial support.

Before applying for reimbursement of part of the costs from the Employment Fund, the employer must first request the opinion of the Equality representative.

The employer must then submit a written request to the Minister responsible for Labour. This application must include:

  • a description of the company’s workforce as recorded on the last day of the month preceding the request, specifying sex, profession, occupation, hierarchical level, and functions of all employees;
  • a description of the vacant position, including hierarchical level, duties, and required profile;
  • the opinion of the equality representative.

Such an employer may also be authorised, by way of derogation from Article L. 241-2 of the Labour Code, to circulate or publish job offers or employment announcements giving preference to candidates of the underrepresented sex.

In addition, to ensure full equality between female and male employees, the employer may introduce specific measures designed to facilitate the professional activity of employees of the underrepresented sex, or to prevent or compensate for disadvantages they may encounter in their career.

To make use of either of these derogations, the employer must first obtain a written certificate from the Minister for Gender Equality and Diversity confirming the underrepresentation of the sex to be given priority.

Positive Actions

The Positive Actions program is a tool of the Ministry for Gender Equality and Diversity (MEGA) aimed at advancing equality between women and men in the workplace.

It offers companies support in developing and certifying good practices in gender equality.

Participation in the Positive Actions program is voluntary; MEGA provides guidance as well as financial assistance.

Any private-sector company in Luxembourg may apply to participate, provided it employs at least 50 people30.

The Positive Actions program is built around three thematic pillars:

1. Equal treatment
• in recruitment.
• in wages.
• in qualification appreciation.
2. Equality in decision-making
• through professional promotion.
• in access to continuing training.
• in equal participation in decision-making.

3. Work-life balance equality
• after parental leave.
• in work organisation.
• for life balance and increased satisfaction at work .
The program takes place in 2 complementary phases.
The first phase involves preparing an analytical report on the
perception and experience of equality within the organisation.
This analysis is based on both qualitative and quantitative
research methods (questionnaires, HR data, interviews,
and scientific analysis of the findings).
The second phase is dedicated to drafting, presenting, and
implementing an action plan tailored to the issues identified.
The overall program duration is 10 to 12 months.
Analysis and assessment
(approximately months 1 to 6)
• Step 1: Submission of the application
to participate
• Step 2: Signing of the agreement
• Step 3: Establishment of an internal
working group (project team)
• Step 4: Data collection and analysis
(questionnaires, HR data, interviews)
• Step 5: Preparation of the analytical
report
• Step 6: Presentation and discussion of
the findings
Action plan and implementation
(approximately months 6 to 12)
• Step 1: Development of the action
plan based on the contracts
• Step 2: Validation of the action plan
and issuance of ministerial approval
• Step 3: Implementation of the first
measures
• Step 4: Evaluation of progress and
certification of best practices
• Step 5: Awarding the trophy “Positive
Actions”
Phase 2
You can find full details of this program, along with further
information and testimonials, on the dedicated MEGA website:
actionspositives.lu