REPUBLIC OF LITHUANIA LAW ON TRADE UNIONS CHAPTER 1 General Provisions Article
- The Right to Form Trade Unions Citizens of the Republic of Lithuania, as well as other per- sons who are permanently residing in Lithuania, who are 14 years of age and over, and who are working under employment contract or on other grounds provided by laws shall have the right to freely join trade unions and take part in their activities. The application of this Law to the organisations of national defence, police, state security, as well as to other organisa- tions may be established by the laws regulating their activities. An employer or his authorised representative may not be a member of trade unions functioning in his enterprise, institu- tion, or organisation. Article
- Trade Union Membership Trade unions shall be joined or left according to the pro- cedure established by the regulations (statute) of the trade union. Pensioners and persons who lose their jobs not through their fault shall have the right to retain their membership of the trade union. Article
- Freedom of Activities of Trade Unions In the Republic of Lithuania, trade unions shall function freely and independently. All trade unions shall enjoy equal rights. They shall have the right to prepare the regulations and rules of their activities, to freely choose their representa- tives, to organise their apparatus and activities, and to shape the program of their activities. State bodies, employers and their authorised representa- tives, managing bodies of enterprises, institutions, organisa- tions, the administration, officials, political parties and other public organisations shall be prohibited from interfering with the internal affairs of trade unions. Individuals who interfere with the legitimate activities of trade unions shall be liable under law. Article
- Legal Basis of the Trade Union Activities Trade unions shall function in compliance with the Provisional Basic Law (Constitution) of the Republic of Lithuania, this Law and other laws of the Republic of Lithuania, and conventions of the International Labour Organisation, and shall base their activities on the regulations (statute) of a trade union, registered in the established manner. Article
- International Relations of Trade Unions Trade unions shall have the right to maintain relations with trade unions of other states, international and other or- ganisations, and to be members of international trade union or- ganisations as well as to take part in their activities. CHAPTER 2 Establishment of Trade Unions, Suspension and Termination of their Activities Article
- Establishment of Trade Unions Trade unions may be established on the basis of profes- sional, office, production, territorial, or other principles determined by the trade unions. A trade union may be established only if it has: 1) no less than 30 founders, or if there are no less than 30 founders in the enterprise, institution or organisation, or when the founders account for no less than 1/5 of all the employees, but no less than three employees; 2) the regulations (statute) approved at the meeting; and 3) an elected governing body. A trade union shall be considered to have been established from the day when the conditions specified in paragraph 2 of this Article are met. Article
- Trade Union Associations Trade unions shall have the right to form associations. Trade union associations may be established only on the basis of a free agreement between trade unions, and on their own initiative. Article
- Acquisition of the Rights of a Legal Person Trade unions or their associations shall acquire the rights of a legal person only upon registering their regulations (statute) according to the procedure established by this Law. The regulations (statute) of a trade union must state: 1) name and principal office of a trade union; 2) organisational structure of a trade union; 3) governing bodies; 4) the procedure for terminating the activities; and 5) the procedure for managing, disposition and utilisation of the property of the trade union. The regulations (statute) of the trade unions the structural units whereof are located on the territory of one town or dis- trict shall be registered with the boards of towns or districts (regions) on the territory of which the structural units are lo- cated. The regulations (statute) of trade unions or their associa- tions which, according to their regulations (statute), are functioning in at least two towns or districts (regions) shall be registered with the Ministry of Justice of the Republic of Lithuania. The regulations (statute) of trade unions or their associa- tions shall be registered no later than within one month from the filing of the application for registration in pursuance of this Law, and upon submitting the regulations (statute) of a trade union and the minutes (or extract therefrom) of a constituent meeting (conference or congress) of a trade union or associa- tion. Trade unions or their associations, as well as organisations specified in their regulations (statute) shall acquire the rights of a legal person from the day of registration of their regula- tions (statute). Upon refusal to register a trade union or association of trade unions, the founders of a trade union or of an association of trade unions shall be informed thereof in writing no later than within three days from the adoption of the decision, specifying which legal acts of the Republic of Lithuania the regulations (statute) of a trade union or association of trade unions are not in conformity with. Refusal to register a trade union or association of trade unions may be appealed against in court which shall investigate the case within ten days according to a special procedure. Article
- Suspension and Termination of the Activities of a Trade Union The activities of a trade union or association of trade unions may be suspended or terminated : 1) according to the procedure established in their regula- tions (statute); and 2) by a court decision. If a trade union or association of trade unions violates the Provisional Basic Law (Constitution) of the Republic of Lithuania or this Law, the body which registered the regulations (statute) of the trade union or association of trade unions shall inform in writing the governing bodies of the trade union or as- sociation of trade unions of the violation and shall state the term for the elimination of said violations. If the violations are not eliminated, the body which registered the regulations (statute) of the trade union or association of trade unions shall have the right to appeal to court for the termination of the ac- tivities of the trade union or association of trade unions. On the decision of the court, the activities of a trade union or association of trade unions may be suspended for the term not exceeding three months. If the violations are not eliminated during the established period, the activities of a trade union or association of trade unions may be terminated by a court decision. The activities of trade unions or their associations may also be terminated by a court decision, if trade unions or their associations, within a year's period from the day when their ac- tivities were suspended by a court decision, repeatedly violate the Provisional Basic Law (Constitution) of the Republic of Lithuania, or this Law. CHAPTER 3 RELTIONS BETWEEN TRADE UNIONS AND EMPLOYERS Article
- Trade Unions and the Employer Trade unions shall be independent from the employer or his authorised representative. The employer or his authorised representative shall be prohibited from making employment or retention of job conditional upon the employee's consent to refrain from joining or to withdraw from a trade union. The employer or his authorised representative shall be prohibited from organising and financing organisations seeking to hinder, terminate or control the activities of trade unions. Trade unions shall represent the members of a trade union in the relations with the employer or his authorised representative. Trade unions shall defend labour, as well as social-economic rights and interests of their members. Article
- The Right of Trade Unions to Conclude Collective and other Agreements Trade unions shall represent their members (or may also be representatives of a collective of employees) when concluding a collective and other agreements with the employer. Article
- The Right of Trade Unions to Conclude Agreements with the Organisations of Employers Trade unions and associations of trade unions shall have the right to negotiate and conclude agreements with the employers, their organisations or associations regarding the employment, change of qualification, organisation of work and remuneration, improvement of working and living conditions of employees, and other issues. Article
- Obligations of the Employer in the Rela- tions with Trade Unions In the cases provided by law, the employer must settle labour, economic, and social issues upon coordination thereof with trade union bodies. The employer must ensure conditions for the activities of trade unions provided for in collective and other agreements. CHAPTER 4 Trade Unions and State Bodies Article
- The Rights of Trade Unions in Issuing Standard Acts Trade unions and their associations shall submit proposals to bodies of state power and governance concerning the adoption, amendment or annulment of standard acts on labour, economic, and social issues. Trade unions, in the body of their national associations, shall have the right of legislative initiative. Article
- Defence of Rights of Trade Union Trade unions shall represent their members and, in accor- dance with the procedure established by law, defend their own rights and legitimate interests as well as the rights and legitimate interests of their members in state bodies. While defending the rights and legitimate interests of their members, trade unions may conclude agreements with state power and governance bodies. Article
- Assistance to Trade Unions Rendered by State Bodies and Organisations Trade unions and their associations shall have the right to receive information from state bodies and organisations on labour, economic and social issues necessary for their ac- tivities; state bodies and organisations must furnish said infor- mation within the period established by law. State bodies shall promote negotiations between trade unions and employers or their organisations. State bodies or organisations may provide assistance to trade unions in carrying out social or other investigations. CHAPTER 5 The Rights of Trade Unions. Guarantees for the Activities of Trade Unions and their Members Article 17.The Right of Trade Unions to Supervise the Adherence to the Laws on Labour and Trade Unions Trade unions shall have the right to supervise the employer's adherence to and implementation of the labour, economic, and social laws related to the rights and interests of their members, as well as of the collective and other agreements. For this purpose, trade unions may have inspectorates, legal ad- vice services, and other institutions. While performing the functions of supervision provided for in Paragraph 1 hereof, persons authorised by a trade union shall have the right to freely enter enterprises, institutions, and or- ganisations which employ members of the trade union, and to be granted access to the documents concerning working, economic, and social conditions of its members. Article
- The Right of Trade Unions to Demand the Annul- ment of the Employer's Decisions Trade unions shall have the right to demand that the employer annul his decisions which violate labour, economic, and social rights of their members provided by the laws of the Republic of Lithuania. The employer must consider said demands within 10 days in the presence of the representatives of the trade union which sub- mitted the demands. In the event that the employer fails to timely consider the demand of the trade union to annul the decision or refuses to satisfy the demand, the trade union shall have the right to ap- peal to court. Article
- The Right of Trade Unions to Propose that Legal Action be Taken against Officials Trade unions shall have the right to propose that legal ac- tions be taken against officials who violate laws on labour, or who do not ensure safety at work, or who do not execute the collective or other mutual agreements. Article
- Defence of the Rights of Trade Unions and their Members The rights and legitimate interests of trade unions and their members shall be defended in the manner established by law by the bodies of state power and governance, the court, and other law enforcement bodies. State bodies, officials, natural or legal persons who in- flict damage on a trade union by their unlawful actions must com- pensate therefor according to the procedure established by law. Article
- Guarantees of Labour Rights of Trade Union Mem- bers In cases specified by law, collective or other agreement, it shall be prohibited to terminate the employment contract with an employee who is a trade union member without a prior consent of a body of the trade union of which that person is a member. Employees elected to elective bodies of trade unions who have not terminated the employment contract with their employer may not be dismissed from work on the employer's initiative, ex- cept in the case when the enterprise, institution or organisation is being liquidated, neither may he be transferred to another work without a prior consent of the trade union body. A prior consent of the trade union body shall also be re- quired for imposing disciplinary penalties on said employees or for changing the basic conditions of their employment contract. Members of trade unions who are dismissed from work by reason of being chosen to elective post in trade union organisa- tions, shall be granted the previous employment (post) upon the expiry of their term of office in the elective posts; in the event that the job (post) is no longer available, said persons must be provided with another employment (post) equated to it.????????????????????????????????????????????????????? Other guarantees to the employees elected to the elective governing bodies of trade unions may be established by a collec- tive or other agreements. Article
- Participation of Trade Unions in the Settlement of Disputes According to the Procedure Established by Law Trade unions shall take part in the settlement of individual or collective labour disputes according to the procedure estab- lished by law. Disputes arising between trade unions and the employer con- cerning failure to perform duties and obligations provided by law or agreements shall be considered by court. Article
- The Right of Trade Unions to Organise Rallies or Demonstrations, or to Stage Strikes Trade unions shall have the right to hold meetings, as well as to organise rallies, demonstrations and other mass events in the manner established by law. While defending the rights of their members, trade unions shall have the right to stage strikes according to the procedure established by law. CHAPTER 6 Property of Trade Unions. Responsibility of Trade Unions Article
- The Property of Trade Unions Trade unions or associations of trade unions may own by ownership right buildings, equipment, means of transportation, and other property not restricted by law. The property of trade unions shall also comprise, membership fees, contributions by organisations, institutions,and en- terprises, public donations, and other legally acquired income or property. Trade unions, while seeking to implement goals set forth in their regulations (statute), shall have the right to engage in the publishing business and economic activities, and to establish charity or other funds. The funds of trades unions acquired from membership fees, and public donations and charities shall be exempt from taxation. Trade unions shall manage their funds and property independ- ently. Upon the liquidation of a trade union, its property shall be transferred [to another owner] according to the procedure estab- lished in the regulations (statute) of the trade union or in the decision of the court. Funds or property acquired unlawfully shall be transferred to the ownership of the Republic of Lithuania by a court order. Article
- Responsibility of Trade Unions A trade union which inflicts damage on the state, or natural or legal persons by its unlawful actions, shall be liable to com- pensate therefor from its property in accordance with the proce- dure established by law. Vytautas Landsbergis President Supreme Council Republic of Lithuania Vilnius 21 November 1991 No. I-2018
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