The collective agreement makes it possible to adapt the provisions of labour law to the needs and specificities of the different sectors of activity, in particular as regards organisation (factories requiring a 24/7 company, office work at fixed hours, workers working in the leisure sector on days without work, etc.) and work restrictions (night work, etc.). The main levels of negotiation in Luxembourg are at industry and company level. Initially, inter-trade agreements apply only to companies belonging to the employers` organisations that have signed the agreement, but which are often extended by the government to the whole sector – about 25 are currently being extended in this way. Agreements at company level apply only to the company concerned. On the employers` side, agreements that must be in writing and notified to the Ministry of Labour may be concluded by employers and employers` organizations. In any event, negotiations must start no later than six weeks before the date of the date of the agreement or the provisions to be renegotiated. The current collective agreements for the banking and insurance sector were negotiated in 2018 and apply in 2018, 2019 and 2020. On the recommendation of the Inspectorate of Commerce and Mines (ITM) and within 15 days of its filing, the Ministry of Labour will decide whether the collective agreement is accepted and valid or not. The decision is notified to all interested parties and published in Mémorial B (Official Journal). Whether or not an agreement has been reached, the collective agreement must contain the following elements: legislation introduced in 2004 formalized the situation to ensure that only representative unions can negotiate and sign collective agreements (see section on trade unions for representativeness). It provides for a bargaining committee on the trade union side, composed of representative unions at the national level, as well as representative unions in this particular sector.
These unions must be part of the bargaining committee, just like any other union that, in the elections, received the support of at least 50% of the workers covered by the collective agreement to be negotiated. . . .