Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lithuania (Ratification: 1994)

The Committee notes the Government’s report and the rulings of the courts relevant to the application of the Convention submitted by the Government.

1. Comments of the International Confederation of Free Trade Unions (ICFTU). The Committee notes the observations submitted by the ICFTU in its communication of 10 August 2006, alleging cases of intimidation, dismissal and ineffective legal protection in practice in cases of unfair dismissal as well as the rarity of collective bargaining in practice. The Committee recalls that in its previous direct request it had noted the observation from the Lietuvos Darbo Federacija (LDF) also alleging rarity of collective bargaining. The Committee requests the Government to provide its observations thereon. It further requests the Government to provide information on the number of collective agreements concluded in the enterprise, sectoral, territorial and national levels and the number of workers covered.

2. Article 4 of the Convention. Labour councils. The Committee notes the Law on Labour Councils. It further notes that according to section 3 of this Law and section 60(4) of the Labour Code, labour councils are formed in the enterprise if there is no functioning trade union and the staff meeting has not transferred the function of employees’ representation to the trade union of the appropriate sector of economic activity. According to the Government’s indication, the activities of the labour councils shall not limit the rights of trade unions. However, the Committee notes that, according to section 27 of the Law, if a trade union is formed at the enterprise or the employees’ representation is transferred to the trade union of the appropriate sector of economic activity prior to the expiration of the term of the office of the labour council, the labour council continues to exist and collective bargaining rests with the joint representation of the trade union and the labour council. The Committee considers that other workers’ representatives could participate in collective bargaining and conclude collective agreements only in the absence of a trade union organization and requests the Government to amend the Law on Labour Councils accordingly. It requests the Government to keep it informed of the measures taken or envisaged in this respect.