Collective labour agreements shall be formed in enterprises, institutions and organisations (hereafter referred to as enterprises) in which employment contracts are concluded with employees, regardless of the form of ownership of the enterprise, and without taking into account whether the enterprise is a legal person or not, as well as in joint ventures and enterprises functioning in the Republic of Lithuania.(Amended 31 March 1994) Collective labour agreements shall be concluded in enterprises regardless of the number of employees. Upon the request of the employees, collective labour agreements shall also be concluded in branch enterprises. In newly formed enterprises, a collective labour agreement shall be concluded after the registration of the enterprise in accordance with the procedure provided in this Law. Collective labour agreements shall not be concluded with State and local authority officials specified in Law of the Republic of Lithuania on the Officials.(Amended 17 April 1996) Article 9. The Meeting (Conference) of the Collective of Employees A trade union, if there are several trade unions - a joint representative body of trade unions upon the written application, as well as an employer shall have the right to convene a meeting (conference) of a collective of employees on conclusion, amendment or supplement
. (Amended 31 March 1994) Meetings (conferences) shall be held within 15 days of the date of submission of the written notice to the employer (administrative body of an enterprise). A meeting of a collective of employees shall be valid if at least 50% of all employees attend, whereas a conference of a collective of employees shall be valid if attended by at least 2/3 of the delegates. If the number of employees (delegates), as provided for in paragraph 3 of this Article, fail to attend the meeting (conference), another meeting (conference) shall be called within 15 days. This meeting (conference) shall be valid regardless of the number of participating employees (delegates). Upon the agreement of the employees (delegates), decisions shall be adopted at meetings by a majority vote, and by 2/3 majority vote at conferences. Article 10. The Application
Collective labour agreements shall be legally binding upon its parties as well as upon a successor to the employer’s rights. A collective labour agreement shall be binding upon a successor to the employer’s rights until conclusion of a new collective labour agreement. (Supplemented 31 March 1994) The employer must acquaint a new employee with the provisions
. Upon concluding an employment contract, this employee shall be under an obligation to comply with the provisions of the collective labour agreement as the other employees of this enterprise. (Amended 31 March 1994 and 17 April 1996) Chapter III. THE CONTENTS
. The Contents
Collective labour agreements shall establish the terms defining the rights and duties of the parties to the agreement, the procedure of their implementation, as well as the responsibility of the parties. Parties to a collective labour agreement shall establish additional provisions concerning the working, social and living conditions and privileges of employees, or such terms and regulations which are not set forth in the laws of the Republic of Lithuania, or which, pursuant to the laws of the Republic of Lithuania, may be established by the parties themselves. A collective labour agreement shall specify: terms of concluding, amending and terminating employment contracts; terms of workpay and organisation of work (rate - qualification remuneration, wages according to posts, additional payments, other privileges and compensations, wage indexation, the systems and forms of wage payments and incentives, the order of wage payments and deductions as well as other regulations); terms relating to of hours of work and leisure time; obligations concerning the establishment of safe and sound working conditions, and the provision of compensations and privileges in the event that the existing working conditions fail to comply with the standards set forth in laws and other legislative acts; conditions for the acquisition of speciality, the improvement of professional skill, and retraining, as well as guarantees and privileges related to them; and other economic and social regulations which are of importance to other parties. The contents of collective labour agreements concluded in joint ventures and enterprises of foreign states functioning on the territory of the Republic of Lithuania shall be established pursuant to the laws of the Republic of Lithuania and the documents of the foundation of an enterprise. Article 12. Invalidity of the Terms
which Worsen Employees’ Conditions Terms, provisions, and obligations
which provide conditions for employees which are worse than the conditions established by the laws of the Republic of Lithuania shall be invalid. Article 13. The Structure
The structure, parts, and supplements of collective labour agreements shall be defined by the parties involved. Chapter IV. CONCLUSION
. Negotiations on the Conclusion
The right to negotiate on the closing
shall be granted to the representatives of the both parties (Article 2 of this Law). The procedure for preparing a draft collective labour agreement as well as the procedure for negotiations shall be established by the mutual agreement of the parties and shall be recorded in the minutes. Prior to the beginning of the negotiations, representatives of the parties shall collect the proposals of employees and the necessary information concerning the economic, financial and social standing of an enterprise, as well as working conditions thereof. Such information shall be provided by the employer and the representatives of employees. (Amended 31 March 1994) Article 15. Terms of Negotiations Parties must begin negotiating the conclusion
upon the request of one of the parties. The negotiations shall commence within either 10 days or other period agreed upon by the partners. In the case that a collective labour agreement has already been concluded, the parties shall begin negotiating the conclusion of a new collective labour agreement 2 months prior to the expiration of the existing collective labour agreement. Article
A collective labour agreement shall enter into force on the day that they are signed. Article 18. Term of Validity
A collective labour agreement shall be in effect until a new collective labour agreement is signed. The term of validity
shall be established in the collective labour agreement, but may not exceed 2 years. Article 19. Amendments and Supplements to a Collective Labour Agreement While a collective labour agreement is in effect, representatives of the parties shall make amendments and supplements thereto in accordance with the procedure established in a collective labour agreement. (Amended 31 march 1994) Chapter V. EXECUTION AND CONTROL
. Execution
Parties shall fulfil their obligations in accordance with the procedure, terms and conditions provided for in a collective labour agreement. Article 21. Information Concerning Implementation of the Obligations and Regulations Established in a Collective Labour Agreement At the request of employees concerned with implementation
, an employer shall furnish information in accordance with the procedure set forth in a collective labour agreement within the period of 15 days. Article 22. Control of Execution
The right to exercise control over the implementation of obligations set forth in a collective labour agreement shall be vested in the representatives of the parties, as well as in bodies authorised by the laws of the Republic of Lithuania. Representatives of the parties to a collective labour agreement shall present reports concerning execution of the collective labour agreement to the collective of employees no less than once every six months. By agreement between the parties, the procedure and terms of presenting reports shall be set forth in the collective labour agreement. Article 23. The Procedure for Resolving Disagreements and Disputes which Result from Execution
Disagreements and disputes which result from negotiations, conclusion and execution
shall be settled in accordance with the procedure of settling collective disputes (conflicts) provided in the laws of the Republic of Lithuania. Disputes arising between individual employees and employers as the result of failure to carry out a collective labour agreement or due to the improper implementation
shall be settled in court. Article 24. Liability for Violating the Procedure of Conclusion
or for Failing to Carry out a Collective Labour Agreement Representatives of the parties who have violated the established procedure of conclusion of collective labour agreements or collective agreements and individuals guilty of failing to carry out a collective labour agreement or a collective agreement shall be liable under the laws of the Republic of Lithuania. (Amended 31 March 1994) Article
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