Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the 2011 observations on the application of the Convention submitted by the International Trade Union Confederation (ITUC) and requests the Government to provide its comments thereon.

Article 3 of the Convention. Effective national machinery to ensure protection against acts of anti-union discrimination. The Committee had previously recalled the importance of a rapid and effective protection in proceedings against acts of anti-union discrimination. In this regard, the Committee noted the observations made by the ITUC in 2010 regarding the slowness of the judicial system in dealing with unfair dismissal cases and the lack of labour courts or judges specialised in labour disputes. The Committee notes the Government’s indication that, by virtue of recent amendments to the provisions of the Labour Code concerning the procedure for collective labour dispute settlement, it was decided not to establish labour courts but to keep the model of labour arbitration at the district courts instead. The Committee observes, however, that these amendments concern the procedure for collective labour disputes. The Committee notes that in its most recent observations, the ITUC reiterates that the existing legal protection against acts of anti-union discrimination is ineffective. The Committee once again recalls the importance of the existence of machinery appropriate to national conditions to ensure rapid and effective protection against acts of anti-union discrimination. It requests the Government to provide its comments on the 2011 ITUC observations. It further requests the Government to discuss this matter with the social partners and to provide information on the outcome.