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Official translation Official translation REPUBLIC OF LITHUANIA LAW ON LABOUR DISPUTE RESOLUTION 20 June 2000 No. VIII-1742 Vilnius Chapter one GENERAL PROVISIONS Article

  1. Purpose of the Law The purpose of this Law – to establish conditions and procedure of resolution of individual labour disputes between a worker (workers) and an employer, arising out of labour relations, as well as the competence of the institutions resolving such disputes. Article
  2. Scope of the Law The provisions of this Law shall apply to individual labour disputes arising out of labour relations at enterprises, agencies and organisations of all types (hereinafter referred to as undertakings), which are located in the territory of the Republic of Lithuania and outside its boundaries, but fall within the jurisdiction of the Republic of Lithuania, as well as when an employer is a natural person. Article
  3. Definitions of this Law
  4. “Labour dispute” means a disagreement between a worker (workers) and an employer regarding application of an employment contract, labour laws, other legal acts, rules set by the employer, the implementation of provisions of collective agreements, which has not been settled by the parties to the dispute in direct negotiations.
  5. “Representative of the employer” means a person who is authorised in the manner prescribed by the law to represent an employer in the commission for labour disputes.
  6. “Representative of the worker” means a trade union (an organisation functioning in an undertaking and outside it) or a person authorised in a manner prescribed by the law to represent the worker’s interests in the commission for labour disputes.
  7. “Commission for labour disputes” means a commission comprising representatives of an employer and a worker for resolution of a particular labour dispute. Article
  8. Institutions Hearing Labour Disputes Labour disputes shall be heard by: 1) a commission for labour disputes (hereinafter referred to as a commission); 2) the court. CHAPTER TWO TIME LIMITS Article
  9. Direct Negotiations
  10. Upon having obtained the worker’s application to restore the violated rights, an employer must, within 10 days from the receipt of the worker’s application, conduct direct negotiations with the worker and to inform him in writing about his decision.
  11. Upon having admitted the violation of the worker’s rights, the employer must restore them within the time limit established in paragraph 1 of this Article. Article
  12. Applying to the Commission for Resolution of a Labour Dispute A worker may, from the day when an employer refused to accept the worker’s application to restore the violated rights, when he received the employer’s decision which does not satisfy him or when he should have received a decision but did not receive it, or when he received the decision which satisfies him, but the employer did not executed it, apply within 20 working days in the manner laid down in Article 15 of this Law to a commission for resolution of the labour dispute. Article
  13. Formation of a Commission and Hearing of a Labour Dispute A commission must be set up and a labour dispute must be heard within one month from the receipt of the worker’s application. Article
  14. Delivery of the Commission’s Decision to the Worker and the Employer The commission’s decision shall be entered in the minutes of the sitting and its copy must be delivered to the worker and the employer within 3 working days from the adoption of the decision. Article
  15. Execution of the Commission’s Decision
  16. If the commission’s decision is not appealed against within 10 working days of the receipt thereof, the employer must execute it within 10 working days, unless a different time limit on its execution is specified in the decision.
  17. If the employer has not, within the time limit fixed in paragraph 1 of this Article, executed the commission’s decision which has become effective, the worker or his representative authorised in a manner prescribed by the law may, within 3 months from coming into effect of the decision, apply in writing to the bailiffs’ office (and attaching the commission’s decision) for the enforcement of the commission’s decision. Article
  18. Applying to the Court for Resolution of a Labour Dispute
  19. When a commission has not been set up within the time limit established in Article 7 of this Law, when the commission has not adopted a decision or when the worker or his representative, authorised in the manner prescribed by the law, does not agree with the decision, he may, within 10 working days from the expiration of the time limit on the formation of the commission, from the receipt of the commission’s decision or from the day on which he should have received it, apply to the court for resolution of the labour dispute.
  20. The worker dismissed from his job, suspended from work or transferred to another job, or his representative authorised in the manner prescribed by the law may, within 1 month from receipt of the document confirming the dismissal from job, suspending from work or transferring to another job, or from the day on which he should have received such document, directly apply to the court for the reinstatement, amendment of the wording of the reason for dismissal from job.
  21. The worker who has failed to apply within the set time limit to the employer for direct negotiations or for the formation of a commission for resolution of a labour dispute, or his representative authorised in the manner prescribed by the law may apply to the court for resolution of a labour dispute.
  22. A three-year period of limitation shall be established for worker’s claims for unpaid wages, other remunerations related to labour relations, and for employer’s claims for material damages inflicted by the workers. Article
  23. Hearing of a Labour Dispute in the Court Labour disputes shall be heard in the court in the manner prescribed by the Code of Civil Procedure. CHAPTER THREE DIRECT NEGOTIATIONS OF THE WORKER AND THE EMPLOYER Article
  24. The Content of the Worker’s Application to Restore Violated Rights
  25. When the worker finds out about the violation of his rights, he shall have the right to submit an application to the employer to resolve the disagreement between them in direct negotiations.
  26. The following must be indicated in a worker’s application to restore the violated rights: 1) worker’s name, surname, position held; 2) corporate name of the employer (name, surname); 3) application date; 4) violated rights; 5) date of the finding out about the violation; 6) claim against the employer.
  27. The worker shall sign an application. Documents substantiating the claim may be appended to the application.
  28. If the application lacks some documents specified in paragraph 2 of this Article, this shall not make up an obstacle to the settlement of the worker’s claim. Additional documents substantiating the claim may be submitted during direct negotiations. Article
  29. Employer’s Duty to Accept an Application to Restore the Violated Rights The employer must accept an application of the worker to restore the violated rights, and register it. The registration of the application shall be noted in a copy of the worker’s application or the worker shall be issued a certificate concerning the acceptance of the application. Article
  30. Course of Direct Negotiations
  31. Upon having received the worker’s application to restore the violated rights, the employer must, within the time limit set in Article 5 of this Law, to invite the worker for direct negotiations and resolve disagreements.
  32. If the worker fails to appear for direct negotiations, the employer himself shall adopt a decision and must inform in writing the worker about its content within the time limit set in Article 5 of this Law.
  33. Employer’s refusal or avoidance to accept the worker’s application to restore the violated rights and to register it, adoption of the decision which does not satisfy the worker or failure to adopt any decision, shall constitute a labour dispute. CHAPTER FOUR HEARING OF LABOUR DISPUTES AT THE COMMISSION Article
  34. Worker’s Application to Set up a Commission for Resolution of a Labour Dispute
  35. When the employer refuses or avoids to accept a worker’s application to restore the violated rights and to register it, when the worker is not invited for direct negotiations, when the decision which does not satisfy the worker has been adopted during the direct negotiations or in the case of failure to adopt any decision, the worker may, within the time limit established in Article 6 of this Law, address the employer with an application to set up a commission for resolution of a labour dispute.
  36. The following must be indicated in the worker’s application to set up a commission and to resolve a labour dispute: 1) worker’s name, surname, position held; 2) corporate name of an employer (name, surname); 3) application date; 4) violated rights; 5) date of the finding out about the violation; 6) date of applying to the employer for the restoration of the violated rights; 7) corporate name of a representative (name, surname); 8) claim against the employer.
  37. The worker shall sign an application. Documents substantiating the claim may be appended to the application. Article
  38. Employer’s Duty to Accept an Application to Set up a Commission for Resolution of a Labour Dispute The employer must accept an application of the worker to set up a commission for resolution of a labour dispute, and register it. The registration of the application shall be noted in a copy of the worker’s application or the worker shall be issued a certificate concerning the acceptance of the application. Article
  39. Parties to a Labour Dispute The parties to a labour dispute shall be the worker and the employer. Article
  40. Procedure of Setting up a Commission
  41. Upon having received the application to set up a commission, the employer shall appoint a representative (representatives) to the commission, transfer to him (them) the material related to the application, and agree with the worker (his representative) on the date, place and time of a commission sitting.
  42. The commission shall consist of representatives of the employer and the worker for resolution of a concrete labour dispute.
  43. The number of the commission members shall be established by mutual agreement of the parties.
  44. Technical servicing of the commission shall be provided and conditions of the activities shall be ensured by the employer. A representative of the worker, who works in the undertaking in which a labour dispute is being resolved, shall be left his average monthly salary during the course of his representation in the commission. Article
  45. Mandatory Hearing of Labour Disputes at the Commission The commission shall be a mandatory pre-trial authority for resolution of labour disputes arising out of labour relations between the worker (workers) and the employer, with the exception of the disputes which, according to this Law, must be heard directly in the court. Article
  46. Commission Sittings
  47. Commission sittings shall be held at the time agreed upon by the parties (their representatives) to the dispute and in accordance with the procedure established by them.
  48. Presiding officer and secretary of a sitting shall be elected at the beginning of the sitting. Representatives of the same party to the dispute may not hold the position of presiding officer and secretary.
  49. A commission sitting shall be valid, if all the commission members, the number of whom has been established by mutual agreement of the parties to the dispute, attend it.
  50. At the parties’ request, experts, other specialists and witnesses may be invited to a sitting.
  51. The commission shall have the right to request that the parties to the dispute provide documents necessary for resolution of the dispute.
  52. Minutes shall be taken at the commission sitting. At the end of the sitting, the presiding officer of the sitting, secretary of the sitting and other commission members shall sign the minutes.
  53. In case of disagreement during the commission sitting, it shall be recorded in the minutes that the representatives of the parties have failed to reach an agreement and a decision has not been adopted.
  54. The form of the minutes of a commission sitting shall be established in the appendix of this Law. Article
  55. Decisions of the Commission
  56. Decisions of the commission shall be adopted by agreement of the representatives of the parties – commission members. Decisions of the commission, which have become effective, shall be mandatory to the parties.
  57. Decisions of the commission must be based on laws, other legal acts and shall become effective after 10 working days of the passing of the decision.
  58. Decisions of the commission related to monetary claims shall specify a sum of money to be paid. CHAPTER FIVE HEARING OF LABOUR DISPUTES IN THE COURT Article
  59. Labour Disputes Heard in the Court. Exemption from Legal Expenses
  60. Labour disputes shall be hear in the court: 1) if the commission has not been formed; 2) if a labour dispute has not been resolved at the commission within the time limit established in Article 7 of this Law; 3) in respect of the decision of the commission; 4) if the representatives of the parties to a labour dispute have not adopted a decision; 5) if, for a good reason, the worker has missed the time limit on applying to the employer for direct negotiations or setting up of a commission for resolution of labour disputes.
  61. The following labour disputes shall be heard directly in the court: 1) regarding the reinstatement of the workers whose labour relations are terminated or they are dismissed from job, suspended from work or transferred to another job, as well as regarding the amendment of the wording of the reason for dismissal from job; 2) regarding employer’s claims for damage inflicted by the worker; 3) regarding compensation for damage inflicted because of an accident at work or occupational disease; 4) regarding unjustified refusal to employ; 5) in other cases provided for by the law.
  62. The court shall order to immediately carry out the decisions regarding the labour disputes specified in subparagraph 1 of paragraph 2 of this Article and the award of a salary (a part of the decision not exceeding an average salary for one month).
  63. Workers shall be exempt from legal expenses in labour-related cases. CHAPTER SIX FINAL PROVISIONS Article
  64. Limitation of Recourse of the Executed Claims in Labour-related Cases Upon having reversed by cassation a court order for recovery of the sums of money under the claims arising out of labour relations, the execution of the court order shall be without recourse, with the exception of the cases when the reversed order was based on the plaintiff’s false information or the forged documents furnished by him. Article
  65. Control of the Compliance with the Law The Government or an institution authorised by it, trade unions, other institutions authorised by legal acts shall carry out control of the compliance with Articles 1-4 of the Law. Article
  66. Validity of other Legal Acts Upon coming into force of this Law, Section 15, “Labour Disputes”, of the Labour Code shall become invalid. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Appendix of Law of the Republic of Lithuania No. VIII-1742 of 5 June 2001 _______________________________ M I N U T E S (name, address, telephone of _______________________________ ___ ____________ 200_ No.______ enterprise, agency, organisation) _______________________________ SITTING OF THE COMMISSION FOR LABOUR DISPUTES Presiding officer of the sitting _________________________________________ (name, surname) Secretary of the sitting________________________________________________ (name, surname) The sitting is attended by: 1.___________________________________________________________________ (indicate name, surname of the worker, his representative; for the representative - grounds for representation) _____________________________________________________________________ _____________________________________________________________________
  67. __________________________________________________________________ (indicate corporate name, person’s name, surname of the employer’s representative/s; for the representative/s - grounds for representation) __________________________________________________________________________________________________________________________________________ 3.___________________________________________________________________ (indicate name, surname of witnesses, experts, other specialists, grounds for participation in the sitting) _____________________________________________________________________ _____________________________________________________________________ ISSUE UNDER DISCUSSION: Application of worker ________________________________________________ (name, surname) in respect of _________________________________________________________ (indicate the issue under discussion) _____________________________________________________________________ Report of the presiding officer of the sitting on the issue under discussion: _____________________________________________________________________ (introduce commission members and other persons attending the sitting, indicate the date of ___________________________________________________________________________________ receipt of the application, specify information on delivery of notifications about the forthcoming ___________________________________________________________________________________commission sitting to the parties of the dispute, other invited persons, on submitted documents, etc) Explanation of the worker:_____________________________________________ _____________________________________________________________________ _____________________________________________________________________ __________________________________________________________________________________________________________________________________________ Explanations of witnesses, experts, and other specialists: ________________________ _____________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Proposals of the employer (his representatives):____________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Proposals of worker’s representatives:____________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Employer’s opinion about the claims:_____________________________________ _____________________________________________________________________ __________________________________________________________________________________________________________________________________________ DECIDED: _____________________________________________________________________ (indicate what the representatives of the parties decided on the issue discussed; in case of __________________________________________________________________________________ disagreement, specify that the representatives of the parties failed to reach an agreement) Presiding officer of the sitting ______________________ _______________ (first letter of the name, surname) (signature) Secretary of the sitting __________________________ _____________ (first letter of the name, surname) (signature) Members: Copy (extract) of the minutes handed in, delivered by mail to: the employer (his representative )_______________________________________ (corporate name, first letter of the name, surname, ___________________________________________________________________________________ signature, date, registration number) the worker (his representative)__________________________________________ (first letter of the name, surname, signature, date, __________________________________________________________________________________ registration number) Mark of enforcement__________________________________________________ _____________________________________________________________________

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