Council of Europe

• Council of Europe
• Human Rights and Rule of Law
• European Social Charter

― Luxembourg and the European Social Charter ―

Ratifications
Luxembourg ratified the European Social Charter on 10/10/1991 and accepted 69 of the Charter’s 72 paragraphs.
It has signed the Revised European Social Charter on 11/02/1998 but has not yet ratified it.

It has signed but not ratified the Additional Protocol to the European Social Charter and the Amending Protocol to the European Social Charter.

It has neither signed nor ratified the Additional Protocol providing for a system of collective complaints.

Table of accepted provisions

The Charter in domestic law
Automatic incorporation into domestic law.
Reports ^*
Between 1993 and 2012, Luxembourg submitted 15 reports on the application of the Charter.
The 14^th report, submitted in several parts between 23/12/2010 and 28/03/2011, concerns the accepted provisions relating to Thematic Group 4 “Children, families and migrants” (Article 7, 8§§1, 2 and 3, 16 and 19). Conclusions in respect of these provisions were published in January 2012.

The 15^th report, submitted in several parts between 19 janvier 2012 et 12 juin 2012, concerns the accepted provisions relating to Thematic Group 1 “Employment, training and equal opportunities”, i.e.

- the right to work (Article 1),
- the right to vocational guidance (Article 9),
- the right to vocational training (Article 10),
- the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15),
- the right to engage in a gainful occupation in the territory of other States Parties (Article 18).

Conclusions in respect of these provisions will be published in December 2012.
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^* Following a decision taken by the Committee of Ministers in 2006, the provisions of both the 1961 Charter and the Revised Charter have been divided into four thematic groups. States present a report on the provisions relating to one of the four thematic groups on an annual basis. Consequently each provision of the Charter is reported on once very four years.

Situation of Luxembourg with respect to the application of the Charter

Examples of progress achieved in the implementation of social rights under the Social Charter¹

Social Protection
► The minimum age requirement for entitlement to the guaranteed minimum wage has been lowered to 25 years and the condition of residence reduced to 5 years (Act of 29 April 2000).

Education
► Education is now compulsory until 16 years. Consequently, those under 16 years cannot work for 8 hours a day or 40 hours a week (Compulsory Schooling Act of 6 February 2009).

Employment
► It is now forbidden to give a woman notice of dismissal during maternity leave and a woman unlawfully dismissed may now request that her dismissal be annulled and that she be maintained in her job (Act of 7 July 1998).

Non-discrimination (Disability)
► Adoption of an Anti-Discrimination Act which comprises a general ban on direct and indirect discrimination in society on grounds including disability (28 November 2006)
►Adoption of an Anti-Discrimination Act which prohibits direct and indirect discrimination on the ground of disability in relations between public-sector workers and their employers (29 November 2006)

Cases of non-conformity

Thematic Group 1 “Employment, training and equal opportunities”

► Article 10§4 – Right to vocational training - Full use of available facilities
Nationals of non-EU states party to the Charter or the revised Charter residing or working lawfully in the country are not guaranteed equal treatment with regard to financial assistance for training.
(Conclusions XIX-1)

Thematic Group 2 “Health, social security and social protection”

► Article 12§4 – Right to social security - Social security of persons moving between states
Accumulation of insurance or employment periods completed by nationals of States Parties not covered by Community regulations or by bilateral agreements is not guaranteed.
(Conclusions XIX-2)

► Article 13§1 – Right to social and medical assistance – Adequate assistance for every person in need
- Eligibility to the guaranteed minimum income (RMG) benefit is linked to dismissal for serious misconduct.
- Persons aged under 25 and in need are not entitled to the RMG benefit and the Emergency Residence Act does not provide enough income replacement guarantees.
- Persons who do not accept the job offered or fail to accept employment measures lose their entitlement to the RMG benefit and the Emergency Residence Act does not provide enough income replacement guarantees.
- Persons who have been dismissed for serious misconduct and therefore lose entitlement to the RMG benefit are not provided adequate income replacement guarantees under the Emergency Residence Act.
- Foreign nationals, lawfully resident in Luxembourg are not entitled to social benefits on an equal footing with nationals.
(Conclusions XIX-2)

► Article 13§4 – Right to social and medical assistance – Specific emergency assistance for non-residents
Legislation and practice do not guarantee that all unlawfully present foreigners receive emergency social assistance for as long as they might require it.
(Conclusions XIX-2)

Thematic Group 3 “Labour rights”

► Article 2§4 – Right to just conditions of work - Right to compensatory time off in dangerous occupations.
There is no system for reducing working time or giving additional paid leave to those employed in dangerous or unhealthy occupations.
(Conclusions XVIII-2) (Conclusions XIX-3 (2010) – Introduction only)

►Article 4§2 – Right to a fair remuneration - Right to increased remuneration for overtime. After the ninth hour of overtime
State officials and employees are not entitled to an increased compulsory rest period or to increased remuneration if the overtime was performed between 6 and 10 p.m. or not during the week-end or public holidays.
(Conclusions XVIII-2) (Conclusions XIX-3 (2010) – Introduction only)

► Article 5 – Right to organise
National law does not permit trade unions to freely choose their candidates in joint works council elections, regardless of their nationality.
(Conclusions XVIII-1) (Conclusions XIX-3 (2010) – Introduction only)

Thematic Group 4 “Children, families, migrants”

► Article 8§2 – Right of employed women to protection – Illegality of dismissal during maternity leave
It has not been established that, where there is no reinstatement, compensation that is sufficient both to fully compensate the victim of an unlawful dismissal and to deter the employer is provided for in law.
(Conclusions XIX-4 (2011))

► Article 19§4 – Right of migrant workers and their families to protection and assistance – Right to equal treatment in trade union matters
1. It has not been established that migrant workers lawfully resident in the country are treated no less favourably than Luxembourg nationals with regard to remuneration and other working conditions ;
2. Certain categories of workers cannot be elected to joint works councils;
3. It has not been established that migrant workers lawfully resident in the country are treated no less favourably than Luxembourg nationals with regard to accommodation.
(Conclusions XIX-4 (2011))

►Article 19§8 and 19§10 – Right of migrant workers and their families to protection and assistance – Guarantees concerning deportation; – Equal treatment for the self-employed
A permit to reside may be revoked where an individual has insufficient personal resources in circumstances which go beyond those permitted by the 1961 Charter.
(Conclusions XIX-4 (2011))

The European Committee of Social Rights has been unable to assess compliance with the following provisions and has invited the Government of Luxembourg to provide more information in the next report:

Thematic Group 1 “Employment, training and equal opportunities”
(Report to be submitted before 31 October 2011)

►Article 15§1 - Conclusions XIX-1
►Article 15§2 - Conclusions XIX-1

Thematic Group 2 “Health, social security and social protection”
(Report to be submitted before 31 October 2012)

► Article 12§1 - Conclusions XIX-2
► Article 12§3 - Conclusions XIX-2
► Article 14§1 - Conclusions XIX-2
► Article 14§2 - Conclusions XIX-2

Thematic Group 3 “Labour rights”
(Report to be submitted before 31 October 2013)

► Article 4§1 - Conclusions XVIII-2

Thematic Group 4 “Children, families, migrants”
(Report to be submitted before 31 October 2014)

► Article 7§§3, 5 and 10 – Conclusions 2011
► Article 17 – Conclusions 2011
► Article 19§6 – Conclusions 2011