On January 29, 2024, a delegation of the OGBL executive board, led by its president Nora Back, met with Lex Delles, minister of the economy, SMEs, energy and tourism, for a first exchange of views on the economic section of the coalition agreement between the CSV and the DP. A frank and sincere exchange!
The meeting focused in particular on the new government’s declared intention to completely deregulate Sunday work. The OGBL is categorically opposed to this measure, as it made clear to the Minister. Referring to the results of a study carried out a few years ago by LISER on behalf of the ministry itself, the OGBL pointed out that in the commerce sector – a sector particularly targeted by the government’s plans – a very large majority of employees (80%) reject the idea of having to work on Sundays. And with good reason: such a measure is clearly not in the interests of employees and their work-life balance.
As for the minister’s suggestion that protective measures be implemented to ensure that Sunday work is only done on a voluntary basis, the OGBL is not convinced. In fact, as the Labor Code emphasizes, the employment relationship is first and foremost a relationship of subordination between an employee and his or her employer. It is therefore illusory to imagine that, if the law gave employers the option, an employee could freely agree to work on Sunday or not, without fear of reprisals in the event of refusal. For the OGBL, the only real guarantee in this area can only be a model that combines a law that prohibits Sunday work in principle with the possibility of derogating from it exclusively within the framework of an agreement within the company (collective bargaining agreement). Such a scenario would also have the advantage of encouraging companies to negotiate collective agreements, thereby increasing the country’s coverage, as required by the European Commission.
Another point raised during the meeting concerned the “employment vouchers” (chèques emploi) that the government plans to introduce to “facilitate the recruitment of staff for very short-term, occasional services (e.g. in the restaurant sector, event business or private households)”. For the OGBL, such a measure is not only of no interest in itself, but is also likely to lead to abuses to the detriment of the people “recruited” to provide these services.
The OGBL also wanted to raise the issue of the award of public contracts with the minister of economy. While the government’s willingness to give greater priority to social, circular and low-carbon criteria in the future is of course to be welcomed, the OGBL is particularly insistent that working conditions should also be taken into account in future public tenders. In this context, the OGBL demands that no public contract can be awarded to a company without a collective bargaining agreement.
On the issue of platform work, the minister of the economy assured that the government is really determined to provide itself with the means to combat the phenomenon of bogus self-employment and the precarious situations it inevitably creates. The OGBL of course welcomes this resolution.
The OGBL also drew the minister’s attention to a number of strategic committees set up by the government in recent years, from which the trade unions are unfairly excluded (such as the Haut-Comité pour l’industrie or the Haut Comité de la place financière), and reiterated its demand to finally be represented on these committees, along with employers’ representatives.
Finally, the OGBL asked the minister to clarify recent statements by the president of the Conseil National de la Productivité (CNP) to the effect that it would be inappropriate for wages in Luxembourg to increase further or that one should reflect on linking wage indexation to productivity rather than inflation. The minister pointed out that such proposals were not to be found in the latest report of the Conseil National de la Productivité, and in any case did not reflect the government’s intentions. The minister even stated that the government has no intention of manipulating the index.
The OGBL welcomes the minister’s statement, but notes that the wording used in the coalition agreement does not completely close the door to any future attempt to manipulate the index. In any case, the OGBL will not tolerate any attack on the index!
OGBL press release, February 1, 2024
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