Recital 29
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (29) | This Directive should not affect national rules on the exercise of the rights of employees' representatives to information, consultation, and participation in collective bargaining and their defence of workers' employment rights. This should be without prejudice to the level of protection granted under this Directive. |
In Luxembourg, the law of 16 May 2023 on whistleblower protection articulates with Article L.423-1 of the Labour Code, which requires consultation of the staff delegation for any monitoring or reporting device affecting working conditions. The ITM checks this point first when auditing an internal channel, even before the OFRS. The 50-employee threshold triggers the obligation, with no threshold for public bodies.
Luxgap practice: document the delegation consultation in writing (notice, minutes, opinion) and keep evidence for at least 5 years, since in any retaliation dispute before the Labour Court, the absence of prior consultation weakens the employer's entire defence.
