Appointment of the President, Vice-President, Secretary and the Bureau

At the constitutive meeting of the staff delegation convened in the month following the elections by the employee having received the highest number of votes in the election, the staff delegation appoints a chairman, a vice-chairman and a secretary from among its full members by secret ballot according to the relative majority system. In case of a tie, the oldest candidate is elected.

If no election has taken place, the constitutive meeting is convened under the same conditions by the oldest full member of the staff delegation.

For the management of day-to-day business and the preparation of its meetings, the staff delegation appoints from among its full members, by secret ballot according to the system of proportional representation, a Bureau composed of the following persons, in addition to the Chair, the Vice-Chair and the Secretary:

• one member, when the delegation consists of at least 8 members;
• two members, when the delegation consists of at least 10 members;
• three members, when the delegation consists of at least 12 members;
• four members, when the delegation consists of at least 14 members.

Numerical composition	Composition of the Bureau
Fewer than 8 members	Chair, Vice- Chair and Secretary
8 or 9 members	Chair, Vice- Chair and Secretary + 1 member
10 or 11 members	Chair, Vice- Chair and Secretary + 2 members
12 or 13 members	Chair, Vice- Chair and Secretary + 3 members
14 or more members	Chair, Vice- Chair and Secretary + 4 members

For its tasks in the field of participation rights, the Bureau is furthermore enlarged by at least one staff representative, in proportion to the votes obtained, from each list represented in the staff delegation but not already represented in the Bureau.

A Grand Ducal Regulation dated 15 December 2017 determines in order the mandatory items on the agenda of the constituent meeting and the conduct of the meeting:

• appointment of a polling bureau comprising at least two members and at least one member of each trade union represented in the staff delegationelection of the Chair;
• election of Vice-Chair;
• election of Secretary;
• election of Officers;
• election of the Equal Opportunity Officer;
• election of the Health and Safety Representative;
• decision on the allocation of time credit and designation of the released representative(s).

Within 3 days after the constituent meeting, the delegation chairman shall indicate in writing the names of the Vice-Chairman and Secretary, the members of the Bureau, the Equal Opportunity Officer and the Health and Safety Representative to the head of the company and to the Inspectorate of Labour and Mines.

During the first meeting after the meeting constituting the staff delegation, the elected members are informed by the head of the company about the structure of the company, its possible links with other companies, foreseeable economic changes, the employment structure, the policies for continuing vocational training, Health and Safety at work as well as equal treatment between men and women.

Deliberations

The subject of the deliberations of the staff delegation shall be determined by an agenda which shall be drawn up by the Bureau of the delegation and submitted to the members at least five days before the meeting.

The Bureau shall include in the agenda the items specified in a request submitted by at least one third of the members of the delegation, at the latest three working days before the meeting. If in this case the request was made after the agenda had been communicated to the members of the delegation, the Chair of the committee must inform the members of the delegation of the request within 24 hours.

Convening of the delegation meeting

The staff delegation shall meet when convened in writing by its Chair. The Chair of the delegation shall convene the delegation at least six times per year.

He or she shall also be required to convene the delegation whenever at least one third of its full members so request in writing; the requesting members shall indicate the items they wish to have placed on the agenda of the meeting.
The head of the company or that person’s representative may be invited by the delegation to take part in its deliberations, although they will not be able to witness the voting.

It should be remembered that the staff delegation may meet once a month during working hours, subject to five working days’ notice to management, unless management agrees to a shorter period. It must meet at least three times a year with management.

The Minister of Labour may convene the delegation for any purpose deemed appropriate; the Minister may also representative to the meetings an official of his choice who must be heard in his observations. The head of the company or that person’s representative must be invited to attend these meetings.

The meetings of the delegations shall be held in private

Decision-making

Decisions and resolutions of the staff delegation shall be taken by a majority of the members present.

The Secretary keeps the minutes of each meeting. The minutes of the meeting shall be read and approved at the opening of the next meeting; a copy shall be sent to the head of the company.

The delegation’s office is responsible for issuing a press release, which is posted on the notice board provided for this purpose.

Costs of the delegation

The functions of the representative are purely honorary. However, the employer shall pay the subsistence and travel expenses incurred by the members of the staff delegation in direct relation to the exercise of their mandate in the company, with the exception of those incurred in relation to the use of training leave.

Likewise, the employer shall facilitate travel between the company’s units, if necessary by providing representatives with appropriate means of transport.

Meetings and consultations of staff delegations shall take place within the company in appropriate premises, which shall be provided by the employer and shall include computer equipment and access to internal and external means of communication, office, heating and lighting costs.

When the delegation includes one or more released representatives, the head of the undertaking is obliged to provide it with permanent premises as well as the equipment and, if necessary, the staff required for its secretariat.