The Labour Code of the Republic of Lithuania (LC [1]) stipulates that services of a mediation officer may be enlisted to help solve labour disputes by the parties involved. According to the LC, such services may be called upon when the party to which demands are submitted – for instance, the employer – considers those demands and communicates its decision to the party that made and submitted the demands – for example, a trade union in the enterprise – but the latter finds the decision unsatisfactory. The LC specifies that, before the dispute is referred to the conciliation commission, ‘the parties may enlist the services of the mediation officer’. Moreover, the LC states that ‘by agreement between the parties, an independent mediation officer may be appointed by the chairman of the conciliation commission’.[1] http://www3.lrs.lt/pls/inter2/dokpaieska.showdoc_l?p_id=191770
Although the Labour Code provides for the possibility to avail of mediation services in resolving labour disputes in Lithuania, no mediation institution or procedure to select mediation officers has yet been established. The social partners have agreed for some time that a mediation authority should be set up within the Lithuanian legal system. As a result, in June 2006, they formed a working group to draw up draft provisions for such a body. It is hoped that a mediation officer could contribute not only to resolving disputes but also to prevent them.
Labour Code provisions
The Labour Code of the Republic of Lithuania (LC) stipulates that services of a mediation officer may be enlisted to help solve labour disputes by the parties involved. According to the LC, such services may be called upon when the party to which demands are submitted – for instance, the employer – considers those demands and communicates its decision to the party that made and submitted the demands – for example, a trade union in the enterprise – but the latter finds the decision unsatisfactory. The LC specifies that, before the dispute is referred to the conciliation commission, ‘the parties may enlist the services of the mediation officer’. Moreover, the LC states that ‘by agreement between the parties, an independent mediation officer may be appointed by the chairman of the conciliation commission’.
Although the mediation officer is thus mentioned in the LC, no further clarification is given of the availability of such a service. In fact, to date, no mediation institution exists in Lithuania and there is no relevant authority for the disputing parties to apply to in order to avail of the services provided by a mediation officer if necessary.
Social partners start talks
As a result of their participation in the project ‘Social dialogue and conflict resolution mechanisms in the acceding countries’, carried out by the European Foundation for the Improvement of Living and Working Conditions in cooperation with the Swedish government ‘Work life and EU enlargement’ programme in 2003, the Lithuanian social partners agreed to initiate discussions aimed at establishing a collective dispute mediation centre in Lithuania. This idea was presented at a meeting of the Tripartite Council of the Republic of Lithuania (Lietuvos Respublikos Trišalė Taryba, LRTT) in February 2004.
The social partners attending the LRTT supported the motion to set up such an authority, and decided that they should submit proposals to the council on a national structure for conflict resolution. Having summarised the material subsequently put forward by the social partners, the LRTT secretariat then prepared draft regulations for a collective dispute mediation centre. However, such an institution has not yet been established.
Renewed efforts
In June 2006, the social partners again emphasised the importance of establishing a dispute mediation authority in Lithuania. According to the social partners, it would not only contribute to the settlement of disputes between parties, but it would also contribute to the prevention of future disputes. The Lithuanian social partners considered that, initially, such an authority could be a small institution acting within the LRTT and employing one full-time public mediation officer and several freelance mediators to be selected by mutual agreement between the parties. Such mediators could be influential and experienced persons who are well known in the field of labour relations in the country.
The social partners attending the LRTT jointly resolved that the ‘mediation authority must find its place in the Lithuanian legal system’. As a result, the social partners formed a working group to draw up draft provisions for a mediation authority. The LRTT secretariat was assigned the task of organising the administrative duties of the working group. The provisions drafted by the working group will be discussed at the next meeting of the LRTT.
Commentary
Since collective disputes are not common in Lithuania, a mutual understanding is often lacking between employers and employees at enterprise level. In cases of conflict, it is often easier for the employee to change job rather than get involved in difficult collective disputes. The creation of a mediation authority in Lithuania, even if it will not immediately play an important role in the settlement of collective disputes, will probably raise awareness within society about the available opportunities and make a positive contribution with regard to the prevention of collective disputes.
Inga Blažienė, Institute of Labour and Social Research
Eurofound doporučuje citovat tuto publikaci následujícím způsobem.
Eurofound (2006), Social partners push for conflict resolution body, article.
