The question was simple: can the Labour and Mines Inspectorate (ITM) intervene at the University of Luxembourg in the same way as it would at any private company? Behind this question, raised by the MP Liz Braz (LSAP), the case involving allegations of psychological harassment and concerns over the administration’s failure to act which has been rocking the institution for several months.

In principle, the Minister for Employment Marc Spautz (CSV) leaves no room for ambiguity. University staff on private-law contracts “are fully subject to the Labour Code” and therefore to the supervision of the ITM. The legal argument is set out in detail. Unlike other public institutions, the University is not among the bodies excluded from the scope of the inspectorate’s remit, notably because it was established later and operates largely on the basis of private-law contracts.

“A refusal to intervene would be incompatible with the legal provisions,” he maintains. By implication, the minister rejects any narrow interpretation of the ITM’s role. But once the principle has been established, reality begins to unravel. The ITM has indeed been asked to intervene at the University, but the case “is currently being processed”. There is no indication of the facts, nor of their scale. The situation remains unclear. A parliamentary response published in early April had clarified the scale of the disputes: 23 transactions concluded between 2016 and 2025 worth over one million euros, mainly relating to cases of professional incompetence or incompatibility between staff members.

Not entirely effective

The ministerial response regarding the ITM, however, raises serious doubts. Whilst the legal framework exists, it is not entirely effective. Marc Spautz acknowledges that the current situation ‘does not yet guarantee protection that is fully equivalent to that in the traditional private sector’. This is a way of admitting that the law applies, but not always to the same extent.

The crux of the problem is technical but has far-reaching consequences. Certain provisions still limit the scope of the ITM’s action regarding working conditions in public sector organisations, even where employees are subject to private law. The recent merger between the ITM and the National Civil Service Safety Service has indeed expanded health and safety inspections since 2025, but not yet to cover all issues, particularly harassment.

The government has promised to fill this gap. A draft bill is being prepared to amend the Labour Code and bring the schemes into line. In the meantime, the university case is serving as a real-world test. The ITM’s jurisdiction is now officially recognised. It remains to be seen whether it can actually be exercised without any blind spots.