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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE REGULATION OF COLLECTIVE DISPUTES Chapter 1 Article

  1. Collective Dispute Collective disputes shall be the disagreements between the collective of employees of an enterprise, institution, organization (hereinafter refer to as enterprise), or structural unit of an enterprise or trade union and the employer or appropriate bodies and officials, resulting from the unsatisfied demands of said collectives or trade unions which have been submitted and registered in accordance with the provisions set forth in this Law. Article
  2. Subjects for the Making of Demands The right to make demands of the employer, appropriate bodies or officials shall be vested in: 1) the collective of all employees of an enterprise or the collective of employees of a structural unit of an enterprise; and 2) trade unions of an enterprise or the joint representative bodies of a trade union or association (union) of trade unions. Article
  3. Procedure for Making and Registering Demands Demands of the collective of employees of an enterprise as well as of a collective of employees of a structural unit of an enterprise shall be formulated and approved during their general meetings (conferences). Employers shall not have the right to prevent the collective of employees from gathering outside of business hours. Meetings shall be valid if at least one half of the employees of the appropriate collective participate, whereas conferences shall be valid if two thirds of the delegates participate. Decisions during meetings shall be adopted by majority vote of the participating employees, whereas during conferences - by two-thirds vote. The demands of trade unions shall be made in accordance with the procedure set forth in their statutes (rules of procedure). Demands shall be clearly formulated and presented in writing. Article
  4. Submission of Demands The demands of subjects indicated in Article 2 of this Law, made and registered in pursuance with the procedure set forth in Article 3 therein shall be presented by the authorized representative to the employer, and when necessary - to the appropriate body or official. Article
  5. Consideration of Demands Employers must consider the demands and inform the subjects who have made the demands of their decision in writing within 7 calendar days of the submission of demands. In the event that the decision of the employer does not satisfy the subjects who have presented them, the collective dispute shall be considered in pursuance with the procedure set forth in Chapter II therein. In the event that the demands (part of the demands) excede the competence of the employer, he or she shall submit the demands (part of the demands) for consideration to an appropriate body or official without violating the term indicated in Paragraph 1 therein. In such a case, the collective agreement shall be considered in accordance with the bilateral agreement made between the appropriate body or official and the subject who has presented the demands (by establishing the reconciliation commission, Labour Arbitration, the Court of Arbitration, etc.) with the participation of the employer. If the procedure of consideration has not been agreed upon, the decision concerning the submitted demands shall be adopted by an appropriate body or official to whom the said demands have been addressed. In all such cases, the demands shall be considered and the decision shall be rendered to the body which has submitted it in writing within 15 calendar days of the date of their submission. Chapter 2 PROCEDURE FOR THE RECONCILIATION OF COLLECTIVE DISPUTES Article
  6. Foundation of the Reconciliation Commission The reconciliation commission shall be formed from the authorized representatives of the subjects who have presented the demands and the representatives of the employer. The number of members in the commission shall be established upon the agreement of the parties. It shall be formed within 7 days of the date of the submission of the demands. If the parties have not agreed on the number of members of the commission, they shall delegate representatives to the reconciliation commission at their discretion, provided that the number of delegates from each party does not excede five individuals. The commission shall elect a chairman and secretary from among its members. Article
  7. Consideration of Collective Disputes by Reconciliation Commissions Reconciliation commissions must consider collective disputes within 7 calendar days of the date of its formation. Upon agreement of the parties, this term may be prolonged. Representatives of the parties shall have the right to invite specialists (consultants, experts and other individuals) to sittings of reconciliation committees. Article
  8. Decision of the Reconciliation Committee The decision of the reconciliation committee, which is binding to the parties and shall be executed in accordance with the terms and procedures set forth therein, shall be adopted upon the agreement of the parties and shall be registered in the minutes. If the parties fail to agree on all or part of the demands at a reconciliation committee sitting, they may submit the matter for consideration to labour arbitration, the court of arbitrations, or provide another procedure for the consideration of the dispute. They may also discontinue the reconciliation procedure by writing out a report concerning the disagreements. The collective of employees shall be informed about the decision of the reconciliation committee by their authorized persons or through local media. The statutes of Labour Arbitration and the Court of Arbitration shall be approved by the Government of the Republic of Lithuania. The Court of Arbitration and the Labour Arbitration must consider disputes submitted to them within 7 calendar days. Chapter 3 REGULATION OF COLLECTIVE DISPUTES BY STRIKE Article
  9. Strike In the event that a collective dispute has not been settled in accordance with the procedure set forth in Articles 5, 7 and 8 of this Law, or in the event that the employer does not carry out the decision of the reconciliation committee (Labour Arbitration and the Court of Arbitration), a strike may be declared in accordance with the procedure set forth in Article 10 of this Law. A strike shall be a voluntary refusal of the employees of enterprises or their structural units to temporarily carry out their work in order to have their demands satisfied. Nobody may be forced to take part or to refuse to take part in the strike. Article
  10. Declaration of Strikes The right to declare a strike shall be vested in the meeting of a collective of employees during which such decisions may be adopted by majority vote, or in a conference where the decision to declare a strike may be adopted by two-thirds vote. The collective of employees of a structural unit of an enterprise shall have the right to adopt the decision to call a strike provided that at least 2/3 of the employees of the said unit and at least one half of the participants of the meeting of the collective of employees or at least 2/3 of the delegates of the conference vote in favour of the adoption of such a decision. Trade unions, when their members constitute the majority of the employees of a collective, shall have the right to call a strike in accordance with the procedure provided for in its statutes (rules of procedure). The representatives of the subjects indicated in Article 2 of this Law shall have the right to declare a strike. Employers must be informed in writing about the beginning of future strikes within 7 calendar days of the strike by sending them the decision adopted in accordance with the established manner. Only those demands which have not been regulated during the reconciliation procedure may be brought up upon declaring a strike. Strikes may be preceded by a warning (limited) strike, which may not last longer than 2 hours. The employer must be warned about the said strike no later than 24 hours before its beginning. The employer shall be sent a written warning no later than 21 calendar days prior to the beginning of the strike, upon the adoption of a decision concerning a strike (as well as a warning strike) in railway, city public transport, civil aviation, communications, and power engineering enterprises (with the exception of electric power enterprises), as well as in medical and pharmaceutical institutions, food, water, sewerage and waste disposal, and oil processing enterprises, and in enterprises of uninterrupted production and other types whose stoppage may result in difficult or dangerous consequences to society or the health and lives of humans. It shall be prohibited to call a strike within the structures of internal affairs, national defense and national security as well as in enterprises of electric power, centralized supply of heating and gas, and services of immediate medical aid. The demands of the employees of such services and enterprises shall be considered by the Government of the Republic of Lithuania. The limitations of strikes may be provided for in the special laws of other services (institutions). Strikes shall be prohibited in zones of natural disaster as well as in regions in which, pursuant to the established procedure have been declared in a state of emergency. Article
  11. Leading Strikes A strike shall be lead by a trade union if it declares it. In the event that other subjects have called a strike, it shall be lead by a body authorized by a meeting (conference) of the collective of employees, comprised of the employees of the collective. Article
  12. The Course of a Strike In accordance with the procedure established by the body leading a strike, the strikers must be in their workplaces or on the territory of their place of employment as usual. The strikers may take part in the pickets at their working place, or appropriate institutions of state power and governing as well as economic and social organizations, and in processions and demonstrations organized in accordance with the procedure provided for in laws. The body leading a strike together with the employer must guarantee the protection of property and people. If a strike takes place at enterprises indicated in Section 6 of Article 10 of this Law, the executions of the minimum amount of conditions (services) necessary to satisfy the immediate (vital) needs of society according to the province established by the Government or executive body of the local government shall be ensured by the body leading a strike, as well as by the employer and employees designated by them. In such cases when the conditions indicated in Section 3 thereof are not carried out, the Government (local government) may use other services in order to ensure their implementation. Article
  13. Lawfulness of a Strike Upon the declaration of a strike, the state bodies and officials to whom the demands have been submitted may appeal to court to declare them unlawful. The court must consider the case within 10 days. The court shall declare a strike unlawful if its goals contradict the Constitution of the Republic of Lithuania and other laws, if it has been called without compliance with the procedures set forth in this Law or has been called in services and enterprises indicated in Section 7 of Article 10 thereof, or if its declaration violates Section 8 of Article 10 thereof. Upon declaring a strike unlawful, it must be terminated on the day of the enforcement of the court decision. In the event that there are particularly important reasons, the court shall have the right to postpone a strike which has not yet started for a period of 30 days, or to stop, for the same period, a strike which has already started. Article
  14. Legal Status of Strikers and Guarantees During the course of a strike, the execution of labour contracts of employees taking part in the strike shall be suspended by securing uninterrupted work records as well as maintenance according to social security and guaranteeing protection from accidents at work. Employees taking part in strikes shall not receive work pay, and shall be exempt from obligations to carry out their functions at work. During bargaining concerning the end of a strike, it may be agreed upon that the strikers will be paid all or part of their wage. Employees who do not take part in a strike and, due to the strike, cannot work, shall be paid as for work stoppage which has happened not through their fault. Article
  15. Actions Forbidden to the Employer (Lock out) Upon the adoption of a decision concerning a strike and during the strike the employer shall be forbidden to: 1) adopt any unilateral decision to partially or completely stop the functioning (activities) of an enterprise, institution or organization; 2) to obstruct entrance to the work places to all employees or individual employees; 3) refuse to provide work or tools to employees; 4) create other conditions which may completely or partially stop the work (activities) of a whole enterprise, institution or their separate units; and 5) adopt any other decisions which interfere with the normal functioning (activities) of an enterprise, institution or organization. It shall be prohibited for the employer to bring other employees into the place which is being striked. Article
  16. End of a Strike A strike shall end upon: 1) the satisfaction of demands; 2) the agreement of the parties reached during the course of the strike to terminate it under certain conditions; or 3) recognition by the subjects who have raised the demands that it is inexpedient to continue the strike. Upon the satisfaction of demands, the decision to terminate a strike shall be adopted by the body leading the strike whereas the decision to terminate a strike in accordance with the cases indicated in Paragraph 2 and 3 of this Article shall be adopted in pursuance with the procedure set forth in Section 1, 2 and 3 of Article
  17. A written decision to terminate a strike must indicate when work shall be commenced. Chapter 4 LIABILITY Article
  18. Liability of Trade Unions Trade unions must compensate the employer for losses resulting from strikes which have been declared unlawful, if they were the organizers or leaders of the said strike. If the financial resources and property of a trade union are insufficient to compensate for losses, the regulations set forth in Section 2 and 3 of Article 19 thereof may be applied. Article
  19. Liability of Other Social Organizations and Parties Other social organizations and parties must compensate for losses resulting from a strike which has been declared unlawful with their financial resources and property, if they were the organizers of the (knowingly unlawful) said strike or it's leaders (as stated by the court). In the event that the financial resources and property are insufficient to compensate for losses, the regulations set forth in Section 2 and 3 of Article 19 may be applied. Article
  20. Liability of Employees The organization of a knowingly unlawful strike or participation in it, as well as participation in a strike which has been declared unlawful shall incur disciplinary, administrative and material liability. In order to compensate for losses, the employer may, at his own discretion, use the funds which have been allocated in accordance with a collective agreement to pay supplementary wages to the members of a collective of employees, as well as for other privileges and compensations which are supplementary in comparison with laws. In cases when, pursuant to Section 1 of Article 16 and Section 2 of Article 19 of this Law, the employer is not compensated for all losses, the strikers may be subject to material liability in accordance with labour laws. Disputes concerning the amount of compensation for losses shall be settled by the court. Article
  21. Liability of Heads of Enterprises and Officials Heads of enterprises and other officials through whose fault a strike has arisen, or who have either not implemented the decision of the Conciliation Committee (Labour Arbitration, the Court of the Arbitrations) or delayed its implementation and violated the provisions of Article 15 thereof, may be subject to disciplinary, administrative or criminal liability in accordance with the procedure set forth in laws; they may also be subject to material liability equalling up to 6 months salary. Article
  22. Liability of Bodies of Management and their Heads or Officials The heads or officials of bodies of management through whose fault a strike has been declared, or who have not implemented the decision of the Consiliation Committee (Labour Arbitration, the Court of Arbitration) or have delayed its implementation, may be subject to disciplinary, material, administrative or criminal liability in accordance with the procedure set forth in laws. The bodies of management must compensate for losses caused to the employer through the fault of their officials in accordance with the procedure set forth in laws. Article
  23. Compensation for Damages Caused to a Third Party The damages caused by a strike to other enterprises and individuals shall be compensated for under the applicable laws of the Republic of Lithuania. VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania Vilnius 17 March, 1992 No. I-2386

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