Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Luxembourg (Ratification: 1958)

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. The Committee notes that the new Labour Code, which came into force on 1 September 2006, reflects the progress made by the Act of 18 July 2003 in respect of enabling workers who are not nationals of Luxembourg or other European Union States to belong to joint works committees (section 422-5(2)2).

In its previous comments, the Committee noted that a preliminary draft Act on the overall reform of staff representation was on the verge of being finalized. The Committee notes that, according to the Government’s report, in the light of the social partners’ observations on this matter, the preliminary draft Act was redrafted and that it limits itself to transposing EC Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community. Noting that the new preliminary draft Act has recently been finalized so as to appear on the agenda of the Government Council in September 2006, the Committee asks the Government to keep it informed in this respect and to provide a copy of the legal text in question.

Moreover, the Committee notes that the new Labour Code devotes two titles to apprenticeship contracts and temporary work. In this regard, the Committee asks the Government to provide, in its next report, information on the legislative provisions governing the trade union rights of apprentices and temporary workers.