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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON TRADE UNIONS 21 November 1991 No I-2018 Vilnius (As last amended on 4 June 2010 – No XI-882) Persons who are legally employed under an employment contract or on other statutory grounds in the territory of the Republic of Lithuania shall, in accordance with the procedure laid down by the law, have the right to form trade unions and join them to defend their interests. Trade unions shall be voluntary, independent and autonomous organisations representing and advocating employees’ labour, economic, social rights and interests relating to their professions. This Law shall define the basis of activities of trade unions, their rights and responsibilities in relationships with employers, state government and administration bodies when trade unions are defending the interests of their members. CHAPTER I General Provisions Article

  1. The Right to Form Trade Unions Persons who are legally employed under an employment contract or on other statutory grounds in the territory of the Republic of Lithuania shall have the right to freely join trade unions and participate in their activities. The specific features of application of this Law to the organisations of national defence, police, state security as well as to other organisations may be established by the laws regulating the activities of those organisations. An employer, his authorised representative may not be a member of trade unions functioning in his enterprise, establishment, organisation. Article
  2. Trade Union Membership Trade unions shall be joined or left according to the procedure established by the articles of association (statute) of the trade union. Article
  3. 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 articles of association and rules of their activities, to freely choose their representatives, to organise their apparatus and activities, and to shape the program of their activities. State bodies, employers and their authorised representatives, managing bodies of enterprises, establishments, organisations, 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 held liable under the law. Activities of trade unions cannot be terminated or temporarily suspended in the administrative manner. Article
  4. 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, conventions of the International Labour Organisation, and shall base their activities on the articles of association (statute) of a trade union registered in the prescribed manner. Article
  5. International Relations of Trade Unions Trade unions shall have the right to maintain relations with trade unions of other states, international and other organisations, and to be members of international trade union organisations as well as to take part in their activities. CHAPTER II Establishment of Trade Unions, Suspension and Termination of their Activities Article
  6. Establishment of Trade Unions Trade unions may be established on the basis of professional, office, production, territorial, or other principles determined by the trade unions. A trade union may be established if it has: 1) no less than 20 founders, or the founders in the enterprise, establishment or organisation would comprise not less than one-tenth of all the employees (and one-tenth of all the employees would account for not less than three employees), and the articles of association are approved and the governing bodies are elected at the meeting of the trade union; 2) the articles of association approved at the meeting; 3) the elected governing bodies; 4) an adopted decision on the registered office. 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
  7. Trade Union Associations Trade unions shall have the right to form associations. Trade union associations may be established only on the basis of free agreement between trade unions and on their own initiative. Article
  8. Articles of Association (Statute) of a Trade Union and Submitting of Documents to the Register of Legal Entities Trade unions or their associations must, in accordance with the procedure laid down by the law, submit to the Register of Legal Entities articles of association (statute) of a trade union and other documents confirming the presence of the circumstances specified in paragraph 2 of Article 6 of this Law. The articles of association (statute) of a trade union must indicate: 1) the name of the trade union; 2) the legal form of the trade union; 3) the goals of activities of the trade union, stating the fields and types of activities; 4) the rights and duties of members of the trade union; 5) the procedure and conditions of admission of new members, withdrawal and expulsion of the members from the trade union; 6) the competence of a general meeting (conference) of the members, the procedure of convocation, the procedure of adoption of decisions; 7) the governing bodies, their competence, the procedure of their formation, the procedure for appointing (electing) and recalling members of a collegial governing body (should it be formed) and its chairman; 8) other collegial bodies (should they be formed), their competence, the procedure of their formation, the procedure for appointing (electing) and recalling their members and chairman; 9) the procedure for submitting documents and other information about activities of the trade union to the members, if the articles of association (statute) do not specify that this procedure will be approved by a separate document; 10) the procedure for announcing public information or notifying about it; 11) the procedure for forming branches and representative offices of the trade union and for terminating their activities; 12) the procedure for amending the articles of association (statute) of the trade union; 13) the period of activities of the trade union if it is limited; 14) the procedure for managing, using and disposing of the property of the trade union as well as the procedure for exercising control over activities of the trade union; 15) the procedure for changing the registered office of the trade union; 16) the procedure for terminating activities of the trade union. The articles of association (statute) of the trade unions may also include other provisions of activities of the trade union, if they do not contradict the Constitution of the Republic of Lithuania, the Civil Code of the Republic of Lithuania, this Law and other laws. The articles of association (statute) of a trade union which is being established must be signed by a person authorised by the constituent assembly not later than within three days from the date of the constituent assembly. The amended articles of association (statute) of the established trade union shall be signed by the governing body of this trade union or a person authorised by a general meeting of the members. Together with the amendments of the articles of association (statute) the trade union must submit to the Register of Legal Entities the whole text of the amended articles of association (statute) of the trade union (new version). The authenticity of signatures of the natural persons who have signed the articles of association (statute) of the trade union shall not be attested by a notary. Article
  9. 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 articles of association (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 articles of association (statute) of the trade union or association of trade unions shall inform in writing the governing bodies of the trade union or association 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 articles of association (statute) of the trade union or association of trade unions shall have the right to appeal to court for the termination of the activities 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 activities were suspended by a court decision, repeatedly violate the Provisional Basic Law (Constitution) of the Republic of Lithuania, or this Law. CHAPTER III RELATIONS BETWEEN TRADE UNIONS AND EMPLOYERS Article
  10. 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 and social-economic rights and interests of their members. The employer may transfer for a trade union the sum of money fixed in the collective agreement. If there is a request of a member of the trade union, the employer must each month deduct a membership fee of the set amount from the remuneration of the member of the trade union and transfer it to the account of the trade union. Article
  11. 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
  12. 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
  13. Obligations of the Employer in the Relations 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. The employer shall create conditions for education of members of a trade union. For this purpose the collective agreement may provide for a certain per cent of funds from the wage bill. At the request of an employee and the trade union, the employer shall grant to an employee unpaid leave of up to three days for education and training. CHAPTER IV Trade Unions and State Bodies Article
  14. The Rights of Trade Unions in Issuing Regulations Trade unions and their associations shall submit proposals to state government and administration bodies concerning the adoption, amendment or repeal of regulations on labour, economic, and social issues. Article
  15. Defence of Rights of Trade Union Trade unions shall represent their members and, in accordance with the procedure established by the 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 government and administration bodies. Article
  16. 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 activities; state bodies and organisations must furnish the said information within the time limit set by the 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 V The Rights of Trade Unions. Guarantees for 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, collective agreements and collective labour agreements relating to the rights and interests of the employees represented by them. For this purpose, trade unions may have inspectorates, legal advice services and other institutions. While performing the functions of supervision provided for in paragraph 1 of this Article, persons authorised by a trade union shall have the right to freely enter enterprises, establishments and organisations in which the employees represented by that trade union work and to be granted access to the documents concerning working, economic, and social conditions. Article
  18. The Right of Trade Unions to Demand the Annulment 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 the said demands within ten days in the presence of the representatives of the trade union which submitted 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 appeal to the court. Article
  19. The Right of Trade Unions to Propose that Legal Action be Taken against Officials Trade unions shall have the right to propose that legal actions be taken against officials who violate laws on labour, or who do not ensure safety at work, or who do not execute the collective agreement or other mutual agreements. Article
  20. Defence of the Rights of Trade Unions and their Members The rights and legitimate interests of trade unions and their members shall be defended by the state government and administration bodies, courts and other law-enforcement bodies in accordance with the procedure laid down by the law. State bodies, officials, natural or legal persons who inflict damage to a trade union through their unlawful actions must compensate for damage according to the procedure established by the law. Article
  21. Guarantees of Labour Rights of Trade Union Members The employer cannot dismiss from work an employee, who is a member of the elective body of the trade union functioning in the enterprise, pursuant to subparagraph 2 of paragraph 1 of Article 29 of the Law on the Employment Contract and at his own will without a prior consent of the elective body of the said trade union in the enterprise. When imposing disciplinary penalties on the employees specified in paragraph 1 of this Article, with the exception of a disciplinary penalty – the dismissal from work, a prior consent of the elective body of the trade union shall also be necessary. Members of trade unions who are dismissed from work by reason of their being chosen to the elective post in trade union organisations shall be granted the previous employment (post) upon the expiry of their term of office in the elective posts; and in the event that the job (post) is no longer available the said persons shall be provided with another equivalent employment (post) in the same or, with the consent of the employee, in any other enterprise, establishment, organisation. An employee of an enterprise, establishment, organisation who has been elected to elective bodies of the trade union of that enterprise, establishment, organisation and therefore terminated the labour relations shall be equated to an employee of that enterprise, establishment, organisation and he shall be provided social guarantees during the entire term of office in the elective post. Other guarantees to the employees elected to the elective bodies of the trade union may be set out by collective and other agreements. Article
  22. Participation of Trade Unions in the Settlement of Disputes According to the Procedure Established by the Law Trade unions shall take part in the settlement of individual or collective labour disputes according to the procedure established by the law. Disputes arising between trade unions and the employer concerning failure to perform duties and obligations provided by the law or agreements shall be considered by the court. Article
  23. 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 accordance with the procedure laid down by the law. While defending the rights of their members, trade unions shall have the right to stage strikes according to the procedure established by the law. CHAPTER VI Property of Trade Unions. Responsibility of Trade Unions Article
  24. The Property of Trade Unions Trade unions, associations of trade unions may own by the right of ownership buildings, equipment, means of transportation as well as other property not restricted by the law. The property of trade unions, their associations shall also comprise membership fees, contributions by enterprises, establishments, organisations, public donations as well as any other legally acquired income and property. Trade unions, while seeking to implement goals set forth in their articles of association (statute), shall have the right to engage in the publishing, business and economic activities, and to establish charity or other foundations. Trade unions shall manage their funds and property independently. Upon the liquidation of a trade union, its property shall be transferred according to the procedure established in the articles of association (statute) of the trade union or by the decision of the court. Article
  25. Responsibility of Trade Unions A trade union which inflicts damage on the State or natural or legal persons by its unlawful actions shall be held liable to compensate for damage inflicted from its property in accordance with the procedure established by the law.

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