New law amends civil servants' employment conditions

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New legislation adopted in May 2003 makes important changes to the employment conditions and status of Luxembourg's 21,000 civil servants. For example, civil servants will now find it easier to work part time and will have a more transparent disciplinary procedure. The age limit for starting work in the civil service has been raised from 40 to 45 years of age, teleworking is now possible, and equality delegates are to be appointed in all administrative units.

Following approval in the Chamber of Deputies, a new law dated 19 May 2003 - published in the Official Journal on 6 June 2003 - makes major changes to the status of civil servants. The law, which was debated over a period of many years, was drafted by the minister and secretary of state for the public sector, and the largest public sector union, the General Public Sector Confederation (Confédération Générale de la Fonction Publique, CGFP), in over 80 meetings. It affects some 21,000 civil servants and is the first review of their status since the law of 16 April 1979.

Part of the background to the new law lies in 1998 when the coalition government of the Christian Social People's Party (Chrëschtlich Sozial Vollekspartei, CSV) and the Luxembourg Socialist Workers' Party (Lëtzebuergesch Sozialistesch Arbechterpartei, LSAP) made cuts in the pensions of civil servants (LU9808173F). In the general election held in June 1999 (LU9909111N), it was probably civil servants, protesting at the pension cuts, that played a key role in ending the period of rule by the CSV/LSAP coalition by voting heavily for the Democratic Party (Demokratesch Partei, DP), a party that traditionally supports public sector workers. The DP overtook the LSAP as the second party in the Chamber of Deputies and entered a coalition government with the CSV, which has remained in power since. Although the DP has not succeeded in reversing the reform of the civil service pension scheme, it has helped obtain for the public sector two pay agreements that have been perceived as beneficial for employees (LU0007141F and LU0204102N). The new law on civil servants' status may also result from this approach. It was approved by deputies from the ruling CSV and DP, together with votes from the LSAP, Greens (Déi Gréng), and the Left (Déi Lénk). Only five deputies abstained

Main new provisions

The new legislation makes a number of important changes to the employment conditions and status of civil servants. However, the idea of introducing voluntary work, particularly for civil servants who are retiring, was abandoned following an unfavourable opinion on the matter from the Council of State (Conseil d'Etat). Under the new law, in future, all vacancies for civil service posts will have to be advertised. The other main innovations are set out below.

Introduction of part-time working

The law officially introduces for the first time part-time working in the civil service (although civil servants have always been granted unpaid leave or half-time leave after maternity leave). Taking account of the requirements of the service, civil servants will be able to work 25%, 50% or 75% of normal full-time hours, normally in the form of full working days. Furthermore, civil servant will be able to ask to work part-time after the age of 55. Although these provisions appeared in the civil service pay agreement signed in 2000, they now have a statutory basis that will allow them to operate in a concrete manner.

Extension of the right to unpaid leave

The new law encourages staff to take unpaid leave and parental leave. The advantages for civil servants include a guarantee that, no later than a year after they state that they want to return to work, they will find a similar job in the same administration, while at the same time keeping their seniority and any upgrading they would have obtained if they had remained at work.

Age limit for recruitment

The age limit for entering employment in the civil service was formerly 40, but has now been raised to 45. With the agreement of the Government Council, and taking account of the needs of the service, it will also be possible in future for a retired member of staff to continue working full time or part time up to the age of 68.

Openings for foreign nationals

The legislation will make it easier for foreign nationals to work in the civil service. Civil servants’ anxieties about an opening of the public sector to other EU nationals were aired during the parliamentary debates. The EU already requires a degree of openness in public sector employment, and Luxembourg has been reprimanded for taking too long to implement these provisions. According to an intervention from the CSV, it is not inhabitants of Berlin or Stockholm who will apply for jobs in Luxembourg, but 'thousands of immigrants whose children have been born in Luxembourg and attended Luxembourg schools, and whose attachment to the country is often greater than that displayed by our own children'.

Sexual and moral harassment

The law of 26 May 2000 introduced a degree of protection against sexual harassment at the workplace in the private sector (LU0005137F). The new law now states that civil servants must refrain from all sexual or 'moral' harassment (ie bullying) at work. Moral harassment is defined as 'any behaviour which, by being repeated or systematised, is an attack on a person’s dignity or physical integrity'.

Teleworking opportunities

Civil servants may now receive permission from their head of administration to do some of their work at home by teleworking and making use of information technology. The head of administration will determine how the work will be performed, it being understood that a future Grand-Ducal Regulation may determine the general conditions relating to teleworking (LU0003129N).

Equality delegates

Every staff representative body in the civil service must now appoint from among its members a delegate with responsibility for promoting equal treatment between female and male employees. In ministerial departments and administrations that do not have a staff representative body, there must be an equality representative with the same role. Equal treatment is defined in a law (dated 8 December 1981) that has hitherto been applicable only in the private sector.

New disciplinary procedure

The new law, which has been described as the 'state employees’ charter', defines the rights and duties of civil servants who 'are the face of the state and the hand of the state held out to citizens'. A new disciplinary procedure has been introduced, with the appointment of a full-time government commissioner with responsibility for disciplinary investigation, who will conduct investigations into all disciplinary matters concerning civil servants. Serious offences will be notified to a disciplinary council, which may determine the punishment to be handed down by ministers. There will be the possibility of an appeal before the administrative courts.

Commentary

The new law amending the status of civil servants updates relations between the state and its 21,000 civil servants. It is a framework law that will have to be implemented through the adoption of various Grand-Ducal Regulations. It is expected that the new provisions will help reconcile work and family life better, and offer everyone the same conditions for recruitment. Although civil service careers were once neglected, increasingly advantageous conditions of employment are attracting more and more applicants, and other employers are beginning to complain openly about the competition. (Marc Feyereisen)