Majority of Caritas employees transition to new employer HUT

On Tuesday, the majority of Caritas employees in Luxembourg began working under new contracts with HUT – Hëllef um Terrain ("Help on the Ground").

Prior to the shift, the Independent Luxembourg Trade Union Confederation (OGBL) had advised employees not to sign the new contracts due to concerns over transparency and allegations of pressure being placed on staff.

When asked by our colleagues from RTL Radio for details, OGBL representative Smail Suljic did not provide a specific number but acknowledged that only "a very small number" of employees chose not to sign the contracts, apart from those who were not offered a contract at all. Suljic noted that the union understood why the majority of employees ultimately decided to sign with HUT.

Suljic explained that many of those who were "pressured to sign the contracts" provide care to homeless people and unaccompanied minors. He added that many staff members work in this sector out of personal conviction, and their priority was to ensure that care for these vulnerable groups would continue without disruption.

The OGBL also recommended that employees sign the contracts if not doing so would cause financial hardship. According to Suljic, most of the employees who had not yet signed by Monday were on sick leave or holiday.

Legal uncertainties remain

However, uncertainties regarding the legal aspects of the transition persist. Suljic described the situation as "half legal, half illegal."

He cited examples, such as employees on sick leave with their former employer who are expected to sign retroactive contracts with HUT, which he claims is not legal. Additionally, some employees who were on leave with Caritas are now technically on leave with their new employer, where they had no remaining leave, raising concerns about staff being required to deduct leave from their 2025 entitlement.

Suljic pointed out that these issues would typically be addressed in a formal company transfer process and questioned why the transition was not handled in that manner.

OGBL to take legal action against HUT and Caritas

Due to the lack of a formal company transfer, there is currently no staff delegation at HUT, which leaves the OGBL without an official mandate. However, OGBL members remain within the new association, and the union plans to take legal action against both HUT and Caritas alongside these members, according to Suljic.

Suljic highlighted that one of the key issues is that employees were "forced to sign a contract to keep their jobs." The OGBL contends that the conditions under which the contracts were signed were not legal. Additionally, the union argues that some employees–also OGBL members–were not retained by HUT but should have been included in the transition, as would typically occur during a standard company transfer. The union also disputes that some employees now face less favourable working conditions compared to what they would have had under a company transfer.

Have working conditions deteriorated?

While there have been no changes in salary or seniority, both of which are protected by the sectoral collective agreement, changes in working hours have been introduced.

According to Suljic, employees who had worked Monday through Friday for years now have contracts that allow for scheduling from Monday to Sunday, which thus includes the possibility of weekend shifts. Additionally, some employees who had never worked night shifts now have provisions in their contracts allowing for night work. Suljic criticised these changes, stating they represent a general decline in working conditions.

The situation remains unclear for employees not retained by HUT, specifically those involved in international activities and political advocacy, Suljic added.

The OGBL has initiated legal proceedings against both Caritas and HUT. Suljic emphasised that the union believes labour laws have been violated and that these violations must be addressed.

HUT, for its part, has announced a press conference at 5pm on Tuesday, during which the organisation is expected to respond to the union's criticisms.