Archive:Public employment - Luxembourg

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<Introduction: simple language, not too long, kind of executive summary>

Regional and administrative organisation

Introduction

The Grand Duchy of Luxembourg has a surface area of 2,600 km² and a population of 476,000.

Its Constitution was reviewed in 1948 and the country’s neutrality was revoked. It is one of the founders of the United Nations and has been a member of NATO since 1949; in 1951, it was one of the signatory countries of the Treaty of Paris (ECSC) and the Treaty of Rome in 1957 (EEC) and EURATON.

System of government

It has been a sovereign and independent State since the Treaty of London was signed in 1839. It is now a parliamentary democracy with a constitutional monarchy characterised by the fact that it is the only Grand Duchy that exists in the world.

Legislative Power: Legislative power is vested in the joint action of the Parliament (House of Deputies), Government and Council of State. Each entity serves a wholly separate function. Parliament is made up of 60 Members of Parliament (MPs) elected for a 5-year term. The Parliamentary Committee for controlling budget implementation, the Audit Office and the Ombudsman are all bodies assisting Parliament in the exercise of its right to inspect the administration of the State.

The Council of State is composed of 21 Councillors who are formally appointed and dismissed by the Grand Duke on the recommendation of the Government, Parliament or the Council of State. It reports on all items of legislation and is a consultative body.

Executive Power: The Grand Duke is the Head of State. The Grand Duke enjoys complete political immunity and political responsibility lies with ministers. Formally, the Constitution grants the Grand Duke the right to freely organise his Government. The number of ministerial departments generally exceeds the number of Members of the Government called upon to serve in office, so a single Minister normally holds more than one portfolio.

Judiciary Power: Courts and Tribunals are independent in the exercise of their functions. Branches of jurisdiction: Judicial Order (Magistrates’ Courts, District Courts and the Supreme Court). Administrative Order (Administrative Tribunal and the Administrative Court). The Supreme Court includes: the Court of Cassation and the Court of Appeal. The Constitutional Court rules on the conformity of laws with the Constitution.

Regional organisation

The Luxembourg administration has a Central Government, three districts, cantons and communes, at the decentralised level. The districts are governed by a commissioner appointed by the Grand-Duke and are accountable to the Ministry of the Interior. The Grand Duchy is also divided into 116 municipalities which are mainly in charge of water distribution, local road maintenance and infant and primary school education.

Local Government: The only political subdivision of the country is the commune. The commune is a legal entity that manages its assets and raises taxes through local representatives, overseen by the central authority represented by the Minister of the Interior. There are 118 communes. Each commune has a communal council directly elected for a six-year term. The day-to-day management of the commune falls on the mayor or the municipal council.

Public Employment Structure

Legal Basis: Law of 1st April 1979 lays out the general functions of public employees, the role of public servants and the protection of civil servants. The employment relation for state employees and contractual relations is set-out in the law of 27th January 1972. This law was modified in 1989 to include a trial period before recruitment.

Employee Categories: The Minister for the Public Service and Administrative Reform is responsible for the general policy for personnel and management of all State personnel.

Categories and Statistics:

1. General Administration has 5,405 civil servants: the status of state civil servants is regulated by the Laws of 16th April 1979 and 22nd June 1963.

2. Justice Administration: 462.

3. Police: 2,041.

4. Education: 7,884.

5. Religion: 283.

In 2009 there were a total of 16,076 civil servants. The status of local government employees is regulated by the Law of 24th December 1985.

Rights, obligations, principles and values

Rights: Employees benefit from rights as part of their functions (such as pay, leave, etc.). They also have freedom to join a union, freedom of speech, and the right to strike, except for some personnel categories due to the nature of their functions.

Obligations: Employees must be permanently available for the performance of their functions. They also have the duty of presence, appropriate conduct and loyalty.

Career-Based System. Training

Mobility: Promotion is automatic and based on seniority. The 2003 law introduces the principle of annual interviews, but performance assessment cannot be applied, as it is not stipulated in the status.

Training: Prior to appointment as career civil servants and their swearing in before the Minister, civil servants must complete a training period of two to three years.

Although the right to on-going training is not expressly recognised, the National Institute of Public Administration, created by the1999 law, ensures the professional training of State and municipal staff during their training period, and also provides on-going training.

Remuneration

The base salary varies according to grade and level is set by law, in accordance with the consumer price index. Employees also receive additional remuneration (allowances, end-of-year bonus).

Social dialogue and system of representation

Specific Rules: The Public Employee Statute of 16th April 1979 and the Law of 22nd June 1963 regulate the pay system for public employees. These rules are applied to 50% of the employees.

Right to Collective Bargaining: In theory, pay and working conditions are stipulated by law, but in practice, social dialogue plays an important role in decision-making processes in the public sector. The Administration is represented in negotiations by the Minister of the Civil Service and Administrative Reform. The most representative trade unions are integrated in the General Civil Service Confederation, which heads all negotiations and comprises of around sixty trade unions and affiliated federations, such as the National Union of Teachers, the State Federation of Office and Secretarial Staff and the General Association Managers, etc. The level of union membership is extremely high although exact figures are not available.

Issues subject to collective bargaining: pay, pensions and other questions related to the status of public employees.

Agreements reached through collective bargaining shall be signed by the Minister of the Civil Service and Administrative Reform, and are binding for the government and valid for all public employees. They have the right to strike although with some limitations, such as a special mechanism for the resolution of disputes and prohibitions for some civil servants.

Senior civil servants

There is no specific status for SCS. However, there are some special regulations for heads of institutions and Grade 18 – 20 civil servants. These civil servants are recruited by means of a competition and according to special political confidence. Specialised training is available for them. They must complete the training programmes within two years of their appointment to office. Civil servants holding the post of Head of Department in a state or municipal institution do not have the right to strike. (Summary Table)

Recent reforms and prospects

On 28th April 2004, the Government approved the Strategy for the Development of the Public Administration 2004-2010 in which the main objectives are to strengthen administrative capacities and improve the image of the civil service.

Publications

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Main tables

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Database

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