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Deadlines for the proportional ballot

Employees ≥ 100

General points

Extension of time limits for the electoral procedure up to the first working day following, when the last relevant day is a Sunday, a statutory public holiday or a non-working day.

Stage 1: 1 month before the day of the ballot

Final date for the posting by the head of the undertaking of an election notice announcing the date, place and time of the commencement and closing of voting and the number of delegates to be elected.
Forwarding of information to the Inspectorate of Labour and Mines (ITM) via the MyGuichet platform.

Final date for the filing by the head of the undertaking or by the delegation of a request for ministerial authorisation for postal voting by employees absent on the day of the ballot.

Phase 2: 3 weeks before the day of the ballot

Final date for the head of the undertaking to file, for consultation by interested parties, the electoral lists indicating the employees recognised as eligible to vote or stand for election.

Posting of the time limit within which a complaint against the lists is admissible.
Forwarding of information to the Inspectorate of Labour and Mines (ITM) via the MyGuichet platform.

  • Legal/Statutory basis: Articles 3 (2) and 3 (3) of the GDR of 11 Sept. 2018
  • Forms:
    • available on MyGuichet: Notice concerning complaints against electoral lists
    • available on our website: P-06 - List of candidates (to be made available to the employees)
      It is preferable to file two copies of this form: one will be signed by the head of the undertaking and will serve as proof of the filing of the candidature. The head of the undertaking or his delegate must, when the document is filed, verify its validity and, if necessary, give details to the agent of the candidature giving rise to problems, so that the latter can rectify it.

Phase 3: 15 calendar days before the day of the ballot at 6 pm

Final date and time for the filing of candidatures.

Finding: stage 3

  • In the event of an insufficient number or total lack of candidatures by the time they are due, i.e. 15 calendar days before the day of the elections at 6 pm, go directly to stage 3a (extension)
    (number of candidates lower than the number of full delegates to be elected or total lack of candidates)
  • Special case:  number of candidates equal to the number of full delegates and alternates to be elected
    • In the event of an agreement between the candidates regarding the distribution of mandates (full members/alternates/order of replacement), go directly to stage 3b (automatic election)
    • In the absence of an agreement between the candidates, go directly to stage 4 (elections)
  • Sufficient number of candidatures go directly to stage 4 (elections)
    (number of candidates exceeding the number of full delegates and alternates to be elected)

Phase 3: 12 calendar days before the day of the ballot at 6 pm

Final date and time for the filing of candidatures.

Finding: stage 3a

  • In the event of a total lack of candidatures by the time they are due, i.e. 12 calendar days before the day of the elections at 6 pm:  go directly to stage 3b (absence of candidatures )
  • In the event of an insufficient number of candidatures: number of candidates equal to or lower than the number of full delegates and alternates to be elected:
    • In the event of an agreement between the candidates regarding the distribution of mandates (full members/alternates/order of replacement) go directly to stage 3b (automatic election)
    • In the absence of agreement between the candidates: go directly to stage 4b (elections)
  • Sufficient number of candidatures  go directly to stage 4 (elections)
    (number of candidates exceeding the number of full delegates and alternates to be elected)

Phase 3b: 12 calendar days before the day of the ballot at 6 pm forthwith

Drafting of minutes recording an insufficient number of candidatures:
Candidatures ≤ the number of full delegates and alternates to be elected.

Forwarding of a copy of the completed and electronically signed PDF to the Inspectorate of Labour and Mines (ITM) via MyGuichet.

Drafting of minutes recording the absence of candidatures:
Forwarding of a copy of the completed and electronically signed PDF to the Inspectorate of Labour and Mines (ITM) via MyGuichet.
The ITM will carry out an investigation in the undertaking, followed within two months of the date of the elections by an automatic appointment by order of the Minister of Labour on the proposal of the director of the ITM

Stage 4: 4 working days before the day of the ballot

Communication to the ITM of the candidates standing for election: surname, forename, profession, national registration number (matricule), nationality and sex via MyGuichet.

The list of candidates should only be transmitted once it is COMPLETE. As long as this list is not complete, please use the "Resume later" feature to save and resume your procedure at a later time.
After transmission of the procedure, no changes can be made.

Stage 5: 3 working days before the day of the ballot

Posting of candidatures in the undertaking

In the case of voting extending over several days, the posting must be brought forward accordingly.
In the case of postal voting, the deadline is extended to 10 calendar days.

Stage 6: Day of the ballot

Opening of the electoral office at the time set in the first posting / elections / Closing of the electoral office at the time set.

Counting of votes

Drawing up of record:
Forwarding of a copy of the completed and electronically signed PDF to the Inspectorate of Labour and Mines (ITM) via MyGuichet.

  • Legal/Statutory basis: Article 32 of the GDR of 11 Sept. 2018
  • Form available on MyGuichet:
    • Record drawn up by the principal electoral office
      If appropriate:
    • Supplementary office record, with or without ballot counting,
    • Record giving a general description of the elections.

Stage 7: 3 working days after the day of the ballot

Posting by the head of the undertaking of the list of delegates elected.

  • Statutory basis: Article 33 of the GDR of 11 Sept. 2018
  • Form available on MyGuichet: Results of the electoral operations (publication and forwarding to trade unions if appropriate).
    This form is used for the publication of the results and, if appropriate, the forwarding of the results to those trade unions that lodged a list (immediately after forwarding a copy of the minutes to the ITM).
    The posting of the results must in any event cover the three days provided for by the Grand Ducal Regulation, even if the results are disclosed earlier than envisaged in that regulation.

Stage 8: within 15 days following the last day of posting

Final date for the filing of objections, by registered letter addressed to the Director of the ITM, the postmark constituting conclusive evidence.

Stage 9: Days following the expiry of the period of 15 days following the last day of posting

Installation of the delegation no earlier than that date, followed by the issue of the documents concerning the elections which are to be retained by the delegation until its term of office expires.

Where appropriate, that is to say in the event of an objection, after the decision of the Director of the ITM.

Stage 10: During the month following the elections

Within a month following the elections, convening of constitutive meeting by the employee who obtained the largest number of votes in the ballot. If there are no elections, the meeting will be convened, by the oldest full delegate.

Within 3 days following the constituent meeting, give notice in writing to the head of the undertaking of the names and national registration numbers of the president, vice-president, the secretary, the members of the electoral office, the health and safety delegate and the equality delegate.

The president of the delegation shall send the minutes of the constituent meeting within 5 days of the meeting to the head of the undertaking and to the ITM.

The employer will have to declare via MyGuichet, the distribution of functions within the delegation, within 5 days following the written communication to the head of the undertaking of the functions of the delegates.

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