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European-level Representation

European representatives from Luxembourg are chosen by the employee delegations. In most cases they must be employees, but this is not the case for the members of an SNB for a European Company, where union officials can also be chosen.

European Works Council

Members of the special negotiating body (SNB) for the EWC from Luxembourg are appointed by the central employee delegation – the body bringing together three members from each workplace if there are several workplaces in the same company – provided this exists. If there is no central employee delegation, members of the SNB are chosen by the main employee delegations. If there are manual and non-manual employee delegations, the regular member is chosen by the body representing the majority of employees, with the replacement chosen by the other. Members of the SNB must be company employees and members of the employee delegation.

 

The situation is the same for Luxembourg members of the EWC set up under the fallback procedure in the annex to the directive.

European Company

Luxembourg members of the special negotiating body (SNB) for the European Company are appointed by the central employee delegation – the body bringing together three members from each workplace if there are several workplaces in the same company – provided this exists. If there is no central employee delegation, members of the SNB are chosen by the main employee delegations. If there are manual and non-manual employee delegations, the regular member is chosen by the body representing the majority of employees, with the replacement chosen by the other. Members of the SNB must either be employees and members of the employee delegation, or representatives of one of the national representative unions, who are signatories to the agreement covering the company concerned – in other words they may be full-time union officials.

 

The situation is the same for Luxembourg members of the SE representative body set up under the fallback procedure in the annex to the directive but the individuals chosen must be company employees.

 

Luxembourg members at board level for a European Company, as set up under the fallback procedures, are also chosen by the employee delegations or delegation but again only from among the employees of the company.

Further information on the national SE legislation can be found here.

L. Fulton (2015) Worker representation in Europe. Labour Research Department and ETUI. Produced with the assistance of the SEEurope Network, online publication available at http://www.worker-participation.eu/National-Industrial-Relations.