The Council of State supported the trade unions against the government's initiatives

Two bills by the ruling CSV-DP coalition aimed at increasing flexibility in trade and labour have faced harsh criticism both from trade unions and now officially from the Council of State. The Democratic Party's economy minister, Lex Delles, proposed extending the permissible opening hours of shops in January 2025. His coalition colleague, CSV Labour Minister Georges Mischo, introduced a bill in autumn 2024 doubling the maximum number of working hours on Sundays from four to eight.

According to Mischo's project, workers were offered a 70 per cent premium rate for extra Sunday hours. The rationale was to adapt to modern conditions while "respecting work-life balance". However, the unions warned that such a measure undermines the basic principles of labour law without prior negotiation with the social partners.

The Council of State supported this view: according to the opinion, current legislation already allows working on Sundays through collective agreements. A direct legislative extension of such hours without the involvement of trade unions is seen as a "backward step". The Council emphasises that any change to Sunday working hours must be negotiated between the social partners.

With regard to the Delles project, the Council of State made three official comments. First of all, the draft does not contain clear restrictions on the opening times of shops - as a result, for example, hypermarkets could operate almost round the clock in the future. The council also questioned the evenness of benefits: large retailers with more resources will have a competitive advantage over small and medium-sized enterprises. Finally, the project does not take into account consumer behaviour and the possible impact on lifestyles.

The opinion of the Council of State is not binding, but it carries weight. It strengthens the position of critics in parliament and trade unions. It is particularly important that it deals not only with labour legislation, but also with the broader topic of the role of negotiations between employers and employees in shaping working conditions.

Thus, the government's attempt to facilitate access to Sunday work and flexible hours in trade has come under fire from all sides. The final decision will now depend on the balance of power in parliament and the ability of the parties to reach a compromise without destroying the long-established system of social dialogue.