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

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

The Committee takes note of the observations submitted by the International Trade Union Confederation (ITUC) in 2011 and those received on 1 September 2014 and the comments thereon submitted by the Government on 29 October 2014, as well as the observations submitted by the Lithuanian Trade Union Confederation (LPSK) in 2011 on issues raised by the Committee below. The Committee also notes the observations by the International Organisation of Employers (IOE) received on 1 September 2014. It further notes the Government’s comments on the 2010 observations submitted by the LPSK and the Lithuanian Trade Union “Sandrauga”.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. The Committee had previously requested the Government to amend section 80(3) of the Labour Code so as to ensure that, in the event of a disagreement among the parties on the minimum service, any such disputes are settled by an independent and impartial body. The Committee further requested the Government to amend section 78(1) of the Labour Code with a view to ensuring that the workers in essential services, whose right to strike is subjected to restrictions or prohibition, are afforded compensatory guarantees, and are involved in determining and implementing the procedure which will ensure impartial and rapid settlement of their claims. The Committee notes the Government’s indication that sections of the Labour Code dealing with collective labour disputes were amended on 15 May 2014. The Committee notes with satisfaction that, according to the new amendment to section 80(3), in case of failure by the parties to agree on the minimum services, the final decision will be taken by the Labour Arbitration which is formed under the jurisdiction of the district court where the registered office of the enterprise or entity involved in the collective dispute is located. The Committee further notes with interest that, by virtue of the recent amendment, the demands put forward by workers in essential services are no longer settled by the Government, but fall under the purview of the Labour Arbitration. The Committee invites the Government to describe in its next report actions undertaken to implement the new legislative provisions in practice, including any judicial or administrative decisions in this respect.

The Committee is also raising other matters in a request addressed directly to the Government.