“The ILO supports us in our approach”, said Aleba president . In fact, the Luxembourg financial sector trade union has reason to rejoice after the publication, in November 2022, of a report by the Committee on Freedom of Association at the International Labour Organisation.

The report called on the Luxembourg government to "take the necessary measures [...] to ensure that the most representative trade union in a sector can fully defend the interests of its members, in particular in the context of the negotiation of relevant collective agreements".

Aleba had lost its absolute majority in the March 2019 elections to the Chamber of Employees (CSL) with 49.22% of the vote. At the request of two big national unions, the OGBL and the LCGB, the then minister of labour, (LSAP), had, by a ministerial decree of 2 March 2021 issued after the opinion of the Labour and Mines Inspectorate (ITM), . The argument was that Article 161-7 of the Labour Code requires a representation of 50% of the votes to justify sectoral trade union recognition.

Aleba had tried, in vain, to . However, the case was to the administrative court, which will issue its decision on 17 January 2023. The ILO's report is therefore welcome for Aleba. The ILO called for the Luxembourg government "to keep it informed of the decision of the administrative court".

‘Defending collective interests’

After the loss of its absolute majority, Aleba would have lost its ability to sign collective agreements on its own. But with the ministerial order, "it is the collective bargaining participation of the sectoral organisation that no longer seems to be acquired", the ILO committee noted in the report, effectively restricting the right to engage in collective bargaining to the benefit of two national workers' unions, the OGBL and the LCGB. The committee pointed out that this prevents "the union representing the majority of workers in a certain category from looking after the interests of its members".

Hence the committee's recommendations, which call on the government to take measures "to enable this union to be involved in the collective bargaining process in such a way that it can adequately represent and defend the collective interests of its members".

‘Elected representatives’

With this support, Aleba is fighting on two fronts: firstly, at the trial on 17 January 2023, to "get back what we had before", namely sectoral trade union representation. On the other hand, to challenge the Ministry of Labour to change the law. "We denounce these contradictory and discriminatory laws, whose only aim is to favour the national unions", said Mendolia. "Any elected official should be able to represent his or her members," even an elected official from a sectoral union that does not have an absolute majority. "This fight is for the freedom of trade unions throughout the country", and not just for Aleba's, Mendolia stated.

"There is nothing shocking about this report," said OGBL president Nora Back. "It recommends that a trade union, even without a majority, should be able to participate in collective bargaining. However, since the minister's decision, the other two unions have always invited Aleba to participate in negotiations. We never wanted to exclude it," she said, considering that the ministerial decree is not yet in question.

Although the ILO's recommendations are not binding, the Aleba president believes that Luxembourg should align itself with them, as the country is a signatory of the convention on freedom of association. But by when? "With the upcoming elections, I don't know if the government will take up the issue," said Mendolia. But “we will go all the way.”

Originally published in French by and translated for Delano.