Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Lithuania (Ratification: 1994)

The Committee notes the information contained in the Government’s report and comments made by the Lietuvos Darbo Federacija (LDF).

Articles 3 and 10 of the Convention. Right of workers’ organizations to organize their activities without interference from the public authorities. (a) Prohibition of the right to strike by workers who are not employed in essential services in the strict sense of the term. The Committee recalls that, in its previous observation, it requested the Government to amend section 78 of the Labour Code so as to lift the prohibition of the right to strike by workers in the heating and gas supply companies. The Committee considers that, in order to avoid damages to third parties, namely the users or consumers, the authorities could establish a system of minimum service in services which are of public utility, such as the heating and gas supply, rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term, i.e. those services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

(b) Unilateral determination of minimum service. In its previous comments, the Committee requested the Government to amend section 80(2) of the Labour Code so as to ensure that, in the event of disagreement among the parties to negotiations on the minimum service, the definition of the service to be ensured may be determined by an independent and impartial body. In the view of the Committee, such a service should meet at least two requirements. Firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. It would be highly desirable for negotiations on the definition and organization of the minimum service not to be held during a labour dispute, so that all parties can examine the matter with the necessary objectivity and detachment. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 159-161). The Committee considers that the final decision concerning minimum services should therefore rest with an independent body and not with the Government.

The Committee notes the Government’s indication that the Committee’s comments with regard to the Labour Code will be transferred to the working group for preparing a draft Law on Amendments to the Labour Code formed by Decision No. 2149 of the Seismas Board of the Republic of Lithuania of 24 May 2004. The Committee trusts that the above comments will be taken into account in the Law on Amendments to the Labour Code and requests the Government to keep it informed of the developments in this respect.

A request on certain other points is being addressed directly to the Government.