NATIONAL CONCILIATION SERVICE

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Luxembourg
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LUXEMBOURG
OFFICE NATIONAL DE CONCILIATION
NATIONAL CONCILIATION SERVICE

(Also referred to by the initials ONC.) Institution created by a Grand Ducal Decree of 6 October 1945, with the task of preventing or resolving industrial disputes in the private sector. Presided over by the Minister for Labour, it consists of a joint conciliation committee (commission paritaire ) and an administrative service. The joint conciliation committee has six permanent members (three employer representatives and three union representatives) appointed by the Minister on the recommendation of the most representative employers' and trade-union organizations at national level, plus, in the event of a dispute, one or more representatives of the employers and the employees of the occupations or enterprises involved. It may also enlist the services of other experts in an advisory capacity. If conciliation by the committee fails, the fact is recorded in a memorandum and the dispute may, if the parties so request, be referred to an arbitration panel (conseil d'arbitrage ). This process is not arbitration in the strict sense but rather mediation, since the arbitration decision ("award") is not technically binding on the parties, who may still opt to take industrial action. If they accept the arbitration panel's decision, it is equivalent to the conclusion of a collective agreement and may be declared generally binding (see extension of collective agreements ).

Mediation by the National Conciliation Service is obligatory in the event of any disagreement between the parties to collective bargaining and must precede any resort to industrial action. See also dispute settlement .


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.