OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA Law on Works Councils 26 Oc

OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA Law on Works Councils 26 October 2004 No IX-2500 (As last amended on 13 May 2008 – No X-1536) Vilnius CHAPTER I GENERAL PROVISIONS Article

Purpose of the Law This Law shall establish the status of works councils, the procedure for their establishment, their activities and grounds for the cessation thereof, rights and duties of works councils and their members, as well as guarantees to members of works councils. Article
Definitions
Employer shall be used within the meaning of Article 16 of the Labour Code of the Republic of Lithuania (hereinafter referred to as the Labour Code). When the provisions of this Law apply to all employers, the term “undertaking” may be used.
Works Council shall mean an employee representative body protecting professional, employment, economic and social rights of employees and representing their interests.
Employee shall be used within the meaning of Article 15 of the Labour Code. CHAPTER II ESTABLISHMENT OF A WORKS COUNCIL Article
Preconditions for the Establishment of a Works Council
A works council shall be set up in cases where an undertaking has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity.
Only one works council may be set up in an undertaking, irrespective of whether it has any branches, representative offices and other structural divisions.
A works council shall be set up in an undertaking where the number of employees calculated in accordance with the procedure laid down in Article 5 of this Law is at least
In the case of an undertaking employing less than 20 employees, the functions of the works council shall be implemented by an employee representative elected at a staff meeting. A staff meeting shall be valid if attended by at least half of the employees of the undertaking. An employee representative shall be subject to all provisions of this Law and other laws, regulatory enactments and collective agreements establishing rights, duties and guarantees of the works council and its members. Article
Number of Members of a Works Council
Taking into account the number of employees calculated in accordance with the procedure laid down in Article 5 of this Law, a works council shall have a minimum of three and a maximum of 15 members: 1) where an undertaking employs from 20 to 50 employees – 3 works council members; 2) where an undertaking employs from 51 to 100 employees – 5 works council members; 3) where an undertaking employs from 101 to 200 employees – 7 works council members; 4) where an undertaking employs from 201 to 300 employees – 9 works council members; 5) where an undertaking employs from 301 to 500 employees – 11 works council members; 6) where an undertaking employs from 501 to 700 employees – 13 works council members; 7) where an undertaking employees over 701 employees – 15 works council members.
A works council shall be established for a term of three years, which shall begin with the commencement of the powers of the works council.
All employees who have reached the age of 16 and have worked in the undertaking for a period of at least six months, except for employees working under temporary employment contracts, may be elected members of the works council. Employees who have worked in the undertaking for a period of less than six months may be elected members of the works council only where all employees have been employed in the undertaking for a period of less than six months.
The employer and persons representing him according to the law, authorisations or founding documents may not be elected members of the works council. Article
Procedure for the Calculation of the Number of Employees of an Undertaking
The provisions of this Article shall apply in calculating the number of employees of an undertaking, which is taken into account to determine the number of members of a works council.
The number of employees shall be determined prior to every election of a works council. The employer must calculate the number of employees of the undertaking in accordance with the procedure laid down in this Article and submit the number and list of employees within seven days from the receipt of the proposal of the employees of the undertaking referred to in paragraph 1 of Article 6 of this Law.
The number of employees of an undertaking shall mean the number of employees employed in the undertaking on the day of the receipt of their proposal referred to in paragraph 1 of Article 6 of this Law, irrespective of their length of service in that undertaking. The number of employees of an undertaking shall be determined by including employees of all branches, representative offices and structural divisions of the undertaking. This number of employees shall exclude: 1) employees who are on parental leave until the child reaches three years of age; 2) employees fulfilling active national defence service; 3) employees employed under temporary employment contracts; 4) persons referred to in paragraph 4 of Article 4 of this Law. Article
Right to Initiate Elections to the Works Council
Elections to the works council shall be called by the employer, upon the written proposal for the establishment of a works council signed by at least one tenth of employees of the undertaking. The employer must set up a works council election committee not later than within seven days from the receipt of this proposal.
The procedure for the election of a new works council shall commence not later than three months before the expiration of the term of office of the works council, as well as upon the occurrence of the grounds for the cessation of the activities of the works council laid down in subparagraphs 4 and 6 of Article 25 of this Law. Article
Works Council Election Committee
Elections to the works council shall be organised and conducted by the works council election committee (hereinafter referred to as the election committee), which shall be set up by written order of the employer and composed of the number of members as set forth in paragraph 1 of Article 4 of this Law for the works council to be elected. Employees who have signed the proposal referred to in paragraph 1 of Article 6 of this Law and have the longest period of service in that undertaking shall be elected members of the election committee.
The employer must communicate the composition of the election committee to the entire body of employees by posting this information on information boards in the undertaking and its branches, representative offices and structural divisions and, where possible, through other media used in the undertaking (local radio, internet, etc.).
The election committee must convene for the first meeting and start organising the election to the works council not later than within seven days from its setting-up. At the first meeting, the election committee shall elect its chairman and secretary from among its members. The secretary shall be responsible for managing documents and taking minutes of meetings of the election committee.
The election committee shall: 1) set the date for the election to the works council. It may not be later than two months after the date of the setting-up of the election committee; 2) announce the registration of candidates to members of the works council and set the date by which candidates may be nominated, as well as register candidates and compile the final list of candidates; 3) organise the preparation and printing of ballot papers; 4) on the basis of the data received from the employer, compile a list of employees eligible to participate in the election to the works council; 5) organise and conduct the election to the works council; 6) count election results and announce them not later than within three day after the election; 7) perform other functions necessary for organising and conducting elections to the works council.
Employees appointed to the election committee may not be dismissed on the employer’s initiative without any fault on their part during the term of office of the election committee. For the time spent organising and conducting elections to the works council, they shall be paid the average wage.
The term of office of the election committee shall expire on the date when the works council convenes for the first meeting. Article
Nomination of Candidates
Candidates to members of the works council may be put up by all employees of an undertaking having the right to vote at the elections to the works council. Each employee may nominate one candidate by applying in writing to the election committee and presenting the written consent of the nominee to be elected to the works council.
The list of candidates must be drawn up not later than 14 days prior to the election to the works council.
If the number of candidates nominated before the date specified in paragraph 2 of this Article is equal to, or less than the number of members of the works council to be elected, as established in this Law, the election committee shall set an additional period during which additional candidates may be put up and announce this information publicly in accordance with the procedure laid down in paragraph 2 of Article 7 of this Law. In this case, candidates may be repeatedly put up by those employees who have already nominated their candidates in accordance with the procedure laid down in paragraph 1 of this Article. This additional period for the nomination of candidates may not be longer than seven days from the date of expiry of the time limit set in paragraph 2 of this Article. In the event of an insufficient number of candidates to members of the works council being put up during the additional period, the election committee shall draw up and announce publicly a report that the election to the works council is deemed not to have been held. In this case, a new election to the works council in accordance with the general procedure for electing the works council laid down in this Law may be initiated not earlier than three months after the adoption of the decision by the election committee to deem the election to the works council not to have been held.
The election committee shall prepare ballot papers. The names of candidates to the works council shall be entered on ballot papers in alphabetical order. The ballot paper must contain its marking instructions and the number of members of the works council to be elected. The number of ballot papers must be equal to the number of employees having the voting right. Every ballot paper must be signed by the chairman and secretary of the election committee. Article
Procedure for Electing the Works Council
The works council shall be elected by universal and equal suffrage, in a secret ballot at direct elections.
All employees working in that undertaking shall be eligible to participate in elections to the works council and have the voting right, except for the persons referred to in paragraph 3 of Article 5 of this Law.
Elections to the works council shall be held in the undertaking during working hours. The employer must allow employees to participate in the elections and pay their average wage for this time.
An employee shall be handed a ballot paper after he presents his certificate of employment or other document proving his identity to a member of the election committee and signs in the list of employees eligible to participate in the elections to the works council. Employees participating in the elections shall have the number of votes equal to the number of members of the works council to be elected. Only one vote may be cast for each candidate entered on the ballot paper, marking the ballot paper accordingly.
The election committee and the employer must provide conditions for those employees whose work is done on the road, in field conditions, is related to driving or is of movable character to participate in elections to the works council.
Upon the expiry of the voting time set by the election committee, the election committee shall open the ballot box. After counting the votes, the election committee shall draw up a record of the election to the works council. It shall include the following: 1) the time and place of the election to the works council; 2) the composition of the works council election committee; 3) the list of candidates to members of the works council and the number of members of the works council to be elected; 4) the number of employees eligible to participate in elections to the works council; 5) the number of employees who have participated in the election to the works council, the number of ballot papers handed and unused; 6) separate numbers of valid and invalid (ballot papers where more candidates have been marked than the determined number of members of the works council to be elected, or where it is impossible to ascertain the voter’s will) ballot papers; 7) the number of votes received by each candidate (presenting a full list of candidates arranged in descending order of the votes received in the election); 8) the list of candidates elected to the works council; 9) the list of candidates who have received at least one vote in the election, but have not been elected to the works council (in descending order of the votes received by them).
The record of the election shall be signed by members of the election committee. This record must be publicly announced not later than within three days after the election day. A copy of the record must, within three days, be delivered to the employer.
The election to the works council shall be valid if more than half of the employees having the voting right have turned out in the election. In the case when the election to the works council is declared not to have been held due to an insufficient turnout of employees in the election to the works council, run-off elections must be held within the next seven days. The election shall be deemed valid if more than one fourth of the employees of the undertaking having the voting right have turned out in the election.
Those candidates who have received the majority of votes shall be considered as elected members of the works council. In the case when several candidates receive an equal number of votes, the candidate having longer period of service in that undertaking shall be considered elected.
Persons included in the list referred to in subparagraph 9 of paragraph 6 of this Article may in sequence become members of the works council in the case when a vacancy occurs in the works council.
All documents related to the setting-up of the election committee, the organisation and conduct of the election, as well as ballot papers shall be transferred to the works council at its first meeting. The works council shall ensure their storage until the setting-up of a new works council.
Material technical supply for elections to the works council shall be provided by the employer. Article
Appeals against Results of Elections to the Works Council
Any employee (employees) of the undertaking, the employer or the employer’s representative may, within five days from the announcement of the election results, apply in writing to the election committee requesting to remedy violations of this Law committed, in their opinion, during the election. The election committee must examine this request and make it public within three days.
The decision of the election committee may be appealed against in court within five days from its publication. The court may take a decision to prohibit convoking the elected works council until the examination of the appeal. After ascertaining that the provisions of this Law have been severely violated or election documents have been falsified and this has influenced the establishment of the substantial election results, the court shall cancel the results of the election to the works council. Run-off elections in accordance with the procedure and conditions laid down in this Law must be held not later than one month after the court decision becomes effective. CHAPTER III ORGANISATION OF THE ACTIVITIES OF THE WORKS COUNCIL Article
Commencement of the Powers of the Works Council
The works council shall acquire its powers and commence performing the functions set out in this Law when it convenes for the first meeting. The first meeting must be called by the chairman of the election committee not earlier than within five days and not later than within ten days from the announcement of the election results.
In the case when the election committee receives a request to remedy violations of this Law committed during the election as referred to in paragraph 1 of Article 10 of this Law, the first meeting of the works council may be called not earlier than within five days and not later than within ten days from the publication of the decision of the election committee, unless the court, upon the receipt of the appeal referred to in paragraph 2 of Article 10 of this Law, decides to temporarily prohibit calling a meeting of the elected works council. Article
Chairman, Deputy Chairman and Secretary of the Works Council
At the first meeting of the works council, members of the works council shall, by the majority of votes of all its members, elect its chairman, deputy chairman and secretary from among its members.
The chairman of the works council (when the chairman is temporarily unable to carry out these duties – the deputy chairman) shall: 1) call and chair meetings of the works council; 2) represent the works council in the court, as well as in its relations with the employees, employer and third persons; 3) draw up a draft annual report of the works council for the employees of the undertaking and present the approved report of the works council to the employees of the undertaking; 4) have other rights established in this Law, other laws and the rules of procedure of the works council.
The secretary of the works council shall manage and keep documents of the works council, inform the members of the works council about the time, venue and agenda of a forthcoming meeting of the works council, notify the employer of the venue and time of a meeting of the works council, take the minutes of meetings of the works council, as well as carry out other assignments of the chairman of the works council. When the secretary of the works council is temporarily unable to carry out his duties, a member of the works council appointed by the chairman of the works council shall substitute for him. Article
Meetings of the Works Council
Meetings of the works council shall be held at least once a month, unless the collective agreement provides otherwise, on the initiative of the chairman of the works council or, when he is temporarily unable to carry out these duties, on the initiative of the deputy chairman.
Meetings of the works council shall take place during working hours, unless the collective agreement provides otherwise. When deciding on the time and duration of a meeting, the complexity of issues to be considered, as well as the conditions of production and work organisation, technological and other conditions at the undertaking must be taken into account.
The employer must be notified of the venue and time of a forthcoming meeting of the works council not later than three working days in advance, and the members of the works council – not later than two working days in advance, except for the cases when they all agree to the earlier date of such meeting.
A meeting of the works council shall be valid if attended by at least two thirds of the members of the works council.
Unless this Law provides otherwise, decisions of the works council shall be taken by the majority of votes of the members of the works council attending the meeting. In the event of a tie vote, the chairman shall have the casting vote.
The employer or persons representing him shall have the right to attend meetings of the works council at the invitation of the works council. The attendance of a meeting of the works council by employees invited by the works council during their working hours must be agreed with the employer.
Minutes must be taken of meetings of the works council. The minutes of a meeting shall be signed by the chair and secretary of the meeting not later than within two working days after the meeting. Article
Rules of Procedure of the Works Council Issues relating to the organisation of the activities of the works council not covered by this Law shall be regulated by the rules of procedure of the works council. The rules of procedure shall be adopted by the works council by the majority of votes of all its members for the duration of its term of office. CHAPTER IV MEMBERSHIP IN THE WORKS COUNCIL. RIGHTS, DUTIES AND GUARANTEES OF MEMBERS OF THE WORKS COUNCIL Article
Commencement and Expiry of Membership in the Works Council
An employee elected to the works council shall be considered a member of the works council from the announcement of the results of the election to the works council. The employee who is first in the list referred to in subparagraph 9 of paragraph 6 of Article 9 of this Law shall become a member of the works council instead of the employee whose membership in the works council has expired from the adoption of the decision of the works council whereby his powers, as a new member of the works council, are approved.
Membership in the works council shall expire: 1) upon the death of the member of the works council; 2) upon the termination of employment relations, except for the cases when the member of the works council dismissed from work is reinstated by an effective court decision; 3) in respect of the member of the works council whose powers have been approved instead of the member of the works council dismissed from work – after a court decision whereby the member of the works council dismissed from work has been reinstated becomes effective; 4) upon resignation as a member of the works council; 5) after a court decision whereby the election of the member of the works council to the works council has been recognised as unlawful becomes effective; 6) upon the cessation of the activities of the works council on the grounds laid down in Article 25 of this Law. Article
Rights of a Member of the Works Council
A member of the works council shall be entitled to: 1) attend meetings of the works council and vote on all issues considered at them, except for the cases when the issue under consideration is related to his person or the person of a member of his family; 2) have access to all documents of the works council, except for the exceptions set forth in Article 23 of this Law; 3) submit information and proposals to the works council relating to draft collective agreements of the undertaking, decisions taken by the employer and other economic, social and work issues relevant to employees; 4) resign as a member of the works council; 5) carry out other actions set out in the rules of procedure of the works council.
A member of the works council may also have other rights established in laws, other regulatory enactments and collective agreements. Article
Duties of a Member of the Works Council A member of the works council must: 1) perform the functions assigned by the works council, implement decisions taken by the works council in accordance with the provisions of laws, other regulatory enactments and the rules of procedure of the works council; 2) use data about employees, their personal information, as well as information recognised as a state, official, professional or commercial/industrial secret in accordance with the established procedure which has become known to him in the discharge of the duties of a member of the works council only for the performance of his functions as a member of the works council; 3) during his membership in the works council, as well as upon the expiry of his membership or the termination of employment relations with the employer, protect the data and information referred to in subparagraph 2 of this Article from unauthorised persons; 4) inform the works council about the performance of the functions assigned to him; 5) without prejudice to the duty referred to in subparagraph 3 of this Article, inform employees of the undertaking about his activities. Article
Guarantees to Members of the Works Council
Members of the works council shall, as a rule, perform their duties during working hours. To this end, members of the works council shall be granted leave of absence for at least 60 working hours per year to attend meetings of the works council and to discharge their duties, unless the collective agreement provides otherwise; they shall be paid the average wage for this time. Where the performance of duties of a member of the works council involves travelling between geographically distant branches, representative offices and structural divisions of the undertaking, the possibility of ensuring transport or giving the member of the works council more time to perform his duties and paying him the average wage may be foreseen by agreement between the works council and the employer or in the collective agreement.
The qualifications of members of the works council required for implementing the functions of employees’ representatives must be improved at the expense of the employer. At least three days per year must be allocated for regular in-service training, unless the collective agreement provides otherwise. The specific terms and conditions of in-service training shall be set out in an agreement between the works council and the employer or in the collective agreement.
When dismissing members of the works council from work, the guarantees provided for employees’ representatives in the Labour Code shall apply to them.
Members of the works council shall also be entitled to other privileges and guarantees provided by laws, other regulatory enactments, as well as collective agreements or agreements between the works council and the employer. CHAPTER V RIGHTS AND DUTIES OF THE WORKS COUNCIL. RELATIONS OF THE WORKS COUNCIL WITH THE EMPLOYER Article
Rights of the Works Council
When representing employees of the undertaking, the works council shall have the right to: 1) participate in information and consultation procedures; 2) be consulted on decisions of the employer in the cases specified in laws, collective agreements or agreements between the works council and the employer; 3) conclude a collective agreement of the undertaking with the employer, as well as a collective agreement of a branch, representative office or structural division of the undertaking; 4) authorise a member of the works council to enter the premises of the undertaking, to survey the working conditions of employees during working hours of the undertaking without disturbing the work of employees; 5) receive from the employer and, within the time limits set in regulatory enactments, from state and municipal institutions the information required for performing their functions; 6) put forward proposals to the employer relating to economic, social and work issues, decisions of the employer relevant to employees, as well as the implementation of laws, other regulatory enactments and collective agreements regulating employment relations; 7) apply to the court in relation to the legitimacy of decisions of the employer, as well as failure to implement or improper implementation of laws, other regulatory enactments and collective agreements; 8) apply to the court for the protection of the rights of the works council established in laws, collective agreements or agreements between the works council and the employer; 9) when it is necessary to discuss important economic, social and work issues, convene a general staff meeting (conference), upon agreement with the employer on the venue and time of the meeting (conference); 10) take a decision to call a strike and lead it where an undertaking has no functioning trade union and where a staff meeting has not transferred the function of employee representation and protection to the trade union of the respective sector of economic activity; 11) carry out other actions which are in compliance with laws, other regulatory enactments, as well as actions set out in collective agreements or agreements between the works council and the employer.
The works council may not perform functions recognised by laws as the prerogative of trade unions. Article
Duties of the Works Council The works council must: 1) perform its functions in accordance with the provisions of laws, other regulatory enactments, collective agreements, agreements between the works council and the employer, and the rules of procedure of the works council; 2) when performing its functions, take account of the rights and interests of all the employees of the undertaking, avoid discriminating against individual employees, their groups or employees of individual structural divisions; 3) inform the employees of the undertaking about its activities on a yearly basis by publicly presenting an annual report on the activities of the works council to them, as well as in any other manner specified in the rules of procedure of the works council; 4) upon the expiry of the membership of a member of the works council, not later than within one month, approve the powers of a new member of the works council whose position may be filled by the employee who is first in the list of candidates referred to in subparagraph 9 of paragraph 6 of Article 9 of this Law, subject to his consent; 5) adhere to the principles of goodwill and respect for the legitimate interests of the employer. Article
Provision of Information to the Works Council In the cases and in accordance with the time limits and procedure established by laws, collective agreements and agreements between the works council and the employer, the employer must provide the works council with information in writing free of charge concerning employment relations and activities of the undertaking. In other cases, the employer must provide the works council with the information required for performing the functions of the works council in writing free of charge not later than within 10 days in undertakings where the number of employees calculated in accordance with the procedure laid down in Article 5 of this Law does not exceed 100 employees, and not later than within 20 days in all other undertakings. Article
Consultation and Agreement on Decisions of the Employer with the Works Council
In the cases and in accordance with the time limits and procedure established by laws, collective agreements or agreements between the works council and the employer, the employer must hold consultations with the works council prior to taking a decision or reach agreement on its intended decision with the works council.
To this end, the employer shall apply in writing in advance to the works council, give reasons for its decision and furnish all the relevant information. The works council must express its opinion on the decision of the employer within the time limit set by the employer for response. This time limit must not be shorter than 10 days in undertakings where the number of employees calculated in accordance with the procedure laid down in Article 5 of this Law does not exceed 100 employees, or shorter than 20 days in all other undertakings. When necessary, the works council may request additional information. The time limit set for the works council to respond may be extended by agreement between the parties.
Upon receiving the opinion of the works council, the employer must consider it and give a reasoned response. The employer may initiate additional discussions or negotiations with the works council.
Where agreement is reached between the parties, it may be executed by a collective agreement of the undertaking or a written agreement between the works council and the employer.
The provisions of this Article shall apply in the cases when laws, collective agreements or agreements between the works council and the employer do not provide for another procedure. Article
Right to Information
The employer must provide the works council with information in writing in a timely manner free of charge, and shall be responsible for the correctness of such information.
Upon submitting a written obligation to the employer not to reveal any commercial/industrial or professional secret, members of the works council shall have the right of access to information which constitutes a commercial/industrial or professional secret but is necessary for the performance of their duties.
The employer may refuse in writing to provide any information, which constitutes a commercial/industrial or professional secret, when the nature of this information is such that, according to objective criteria, it would seriously harm the functioning of the undertaking concerned or would be prejudicial to it.
Having received a written refusal, the works council may, within one month, apply to the court. After the court’s ruling that the refusal to provide information is unjustified, the employer in question shall be obligated to provide such information within a reasonable period of time.
Access to State, official, professional secrets and liability for the disclosure or unlawful use thereof shall be regulated by special laws. Article
Relations of the Works Council with the Employer
The works council shall be independent from the employer. The employer shall be prohibited from influencing decisions of the works council or otherwise interfering in the activities of the works council.
The employer shall have the right to apply to the court requesting to terminate the activities of the works council violating this Law or other laws, collective agreements or agreements between the works council and the employer.
The employer shall provide premises and allow using the available work equipment for performing the functions of the works council. The specific conditions of material and technical supply to the works council shall be set out in the collective agreement or the agreement between the works council and the employer. CHAPTER VI CESSATION OF THE ACTIVITIES OF THE WORKS COUNCIL Article
Grounds for the Cessation of the Activities of the Works Council The activities of the works council shall cease: 1) when the employer which is a legal person ceases to exist; 2) when the activities of the employer who is not a legal person are terminated; 3) upon the death of the employer, in the absence of his legal successor; 4) when less than three members are left in the works council and there is no person in the list referred to in subparagraph 9 of paragraph 6 of Article 9 of this Law who in accordance with the procedure laid down in this Law has the right to become a member of the works council instead of the member whose membership in the works council has expired; 5) upon the expiration of the term of office of the works council; 6) when the number of employees of the undertaking calculated in accordance with the procedure laid down in Article 5 of this Law increases by 50 percent or more, and paragraph 1 of Article 4 of this Law provides for a higher number of members of the works council as compared to the number determined prior to the election of the works council. Article
Moment of the Cessation of the Activities of the Works Council
Where an employer that is a legal person has acquired the status of a legal person under reorganisation, the activities of the works council shall cease after reorganisation. Where an employer that is a legal person is put into liquidation, the activities of the works council shall cease after having started satisfying creditors’ claims in accordance with the procedure laid down by laws.
Where an employer is not a legal person, the activities of the works council shall cease upon the termination of the activities of the employer in accordance with the procedure laid down in founding documents.
Upon the death of the employer, the activities of the works council shall cease on the following day after his death, in the absence of his legal successor.
The activities of the works council shall cease on the following day after the occurrence of the conditions specified in paragraph 4 of Article 25 of this Law, and where the cessation of the activities of the works council is related to the termination of employment relations with a member of the works council – two months after the date of the termination of employment relations with him. If the dismissal of the member of the works council is appealed against in court, the activities of the works council shall cease on the following day after the court decision becomes effective.
The activities of the works council shall cease on the last day of the term of office. If a new works council is elected in accordance with the established procedure before the expiration of the term of office, the activities of the works council shall cease upon the assumption of powers by the new works council, but not later than two months after the expiration of the term of office of the works council.
The activities of the works council shall cease on the ground laid down in subparagraph 6 of Article 25 of this Law when the new works council elected in accordance with the procedure laid down in Chapter Two of this Law with the initiative of one fifth of the employees of the undertaking assumes its powers. Article
A Works Council and a Trade Union
If a trade union is established in an undertaking and commences its activities in accordance with the established procedure or a staff meeting of the undertaking transfers the function of employee representation and protection to the trade union of the respective sector of economic activity before the expiration of the term of office of the works council, the works council shall continue its activities.
If both a trade union and a works council are functioning in the undertaking, a joint representation of the trade union and the works council shall have the right to conclude a collective agreement of the undertaking and perform other functions of employees’ representatives.
Where the works council and the trade union fail to reach an agreement on the formation of a joint representation, a decision on representation shall be taken by a staff meeting (conference). Article
Arrangement of Documents of the Works Council which has Terminated its Activities
Where the activities of the works council cease upon the assumption of powers by the elected new works council, documents of the works council must be transferred to the new works council within seven days. Where the activities of the works council cease on other grounds, documents of the works council shall, within seven days, be transferred to the person having the right to act on behalf of the undertaking.
Responsibility for the transfer of documents of the works council shall rest with the chairman of the works council or another authorised member of the works council. Documents shall be transferred by a transfer and acceptance statement.
Documents of the works council must be kept for three years after the cessation of the activities of the works council. CHAPTER VII FINAL PROVISIONS Article
Litigation Costs The works council shall be exempt from the stamp duty when applying to the court in the cases specified in this Law. Article
Liability for Infringement of this Law Persons who have violated this Law shall be held liable in accordance with the procedure laid down by laws. Article
Settlement of Disputes Any disputes over the implementation of this Law shall be settled in accordance with the procedure laid down by laws. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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