Because of the law, independent delegates do not have the same rights as union delegates. This is unfair and discriminatory, which is why ALEBA is striving to change these laws. Therefore, we would like all neutral delegates to be informed about all matters in which they are excluded by law.
| Independent delegate |
Union delegate |
|
| Participation in negotiations on collective agreements (Art. L.162-1) | No | Yes |
| Disclosure of information from a trade union within the company (Art. L.414-16) | No | Yes |
| Submit a complaint to the ITM for unjustified postponement of parental leave (Art. L.234-46) | No | Yes |
| Participation in negotiations on a plan to maintain employment (Art. L.513-4) | No |
Yes |
ALEBA considers itself the voice of ALL these independent, so-called neutral delegates and encourages them to represent their interests in the next social elections in March 2024.
The following table lists the benefits to which ALEBA delegates are entitled compared to independent delegates.
|
Independent delegate |
ALEBA delegate |
|
|
Politically neutral |
No |
Yes |
|
Personal liability in the event of incorrect advice to an employee |
Yes, employees can oppose delegates. |
No, as long as the delegate has made enquiries with ALEBA before advising an employee. If incorrect advice is given by ALEBA, ALEBA is responsible for it. |
|
Easy and free access to lawyers and attorneys |
No |
Yes |
|
Easy access to information and consultation |
Yes, via ITM, CSL and/or guichet.lu |
Yes, via the ALEBA coordination team. Three coordinators are made available to the delegates. |
|
Access to trade union training |
Yes, via the “Ecole supérieure du Travail“, although it should be noted that these are often fully booked. |
Yes, ALEBA has its own programme of trade union training courses that are provided throughout the year. |
|
Access to a network of delegates |
No |
Yes |
