Learn how to negotiate a social plan. Insight and best practices. Aleba Legal, your financial union in Luxembourg.

1. NEGOTIATE A SOCIAL PLAN
presented by Felix Walisch & Maria Petrosillo

2. WHAT IS A SOCIAL PLAN?
A social plan is a written agreement between an employer and a works
council regarding a compensation or mitigation of the economical
disadvantages, which the employees of a company would suffer in case of an
operational change imposed by the employer.
Labour law Code ChapterVI: The collective dismissals
Articles L.166-1 to L.166-9

3. At what moment are we talking about collective dismissals?
When the number of dismissals taken into
consideration:
- affects at least 7 employees within a period
a 30 days
- affects at least 15 employees within a
period of 90 days

4. WHY IS A SOCIAL PLAN NECESSARY ?

5. THE PHILOSOPHY
BEHIND A SOCIAL PLAN
social responsibility of the employer
bad legal advice
tendency: bypassing of the legal and
social commitments by the
employer
the law is not up to date - changes
are only possible through actions by
the trade union
Leaving the company
the right way

6. What shall be included in a social?
Most important
elements
of a social plan

7. EXAMPLES 1997-2017

8. NECESSARY REQUIREMENTS FOR
NEGOTIATING A GOOD SOCIAL PLAN
Karma is not a menu,
you are served what
you have fought for

9. THE NEGOTIATION PHASE
OF A SOCIAL PLAN
Information of the staff representatives
Official announcement by the employer (Art. L.166-4)
First meeting
Before the start: gathering the legally required information(Art. L.166-3)
Negociation with/without baseline
(company agreement or previous social plan)
15-day-timeframe
agreement/non-agreement
arbitration proceeding

10. COMPANY AGREEMENT:
FRIEND OF FOE ?
not legally foreseen
uncertainty regarding the tax exemptions
unions are not necessarily invited
staff representatives do not have any legal assistance
higher risk of abuse of position by the the employer

11. ALEBA:
MORETHAN JUST A UNION !
Aleba as a union since 1918
Aleba as a legal adviser
Aleba as an activist for changing the law in favor of the employee
Aleba as a strategy coordinator
Aleba for a better future and working conditions
Aleba as a training center for staff representatives
Aleba as a partner to help solving social problems at the workplace

12. Thank you for your attention !