Social dialogue & conflict resolution mechanisms

Social dialogue and conflict resolution mechanisms in the acceding countries: Cyprus, the Czech Republic, Latvia, Lithuania and Slovakia

Prague, 14-16 January 2004

Discussion paper - Gražina Gruzdiene

Conflict resolution mechanism in Lithuania

Social partnership is a very important element for the democratic society, which ensures the self-regulation of the social partners relations and the possibility of reaching certain agreements.

In Lithuania, as well as in the other post-comunist countries, all reforms (ownership regulations, labour relations, legislation, pentions, etc.) took place at the same time, that is why the social partnership, the mechanism of the conflict resoluton is not enough developed and the practice is just on the stage of evolution.

The report surveys the legal framework of Lithuania regulating the methods used in conflict resolution, the societal and industrial relations for making this mechanism work efectively.

According to Lithuanian legislation, a collective labour dispute means disagreements between the trade union of an enterprise and the employer or the subjects entitled to conclude collective agreements, arising about the establishment or changing of work, social and economic conditions when conducting the negotiations or when concluding and implementing the collective agreement (conflict of interests), in case of failure to meet the demands made and submitted by the parties according to the procedure established by this Code.

Demands to an employer or the subjects of collective agreements may be submitted by:

1. the trade union of the enterprise or the joint representation of trade unions or organisations of trade unions;

2. the labour council if there is no trade union in the enterprise and if the staff meeting has not delegated the function of employee representation and protection to the trade union of a relevant sector of economic activity.

According to the Lithuanian Labour Code there are several methods used in solving collective labour disputes: the parties may enlist the services of the mediation officer or refer the dispute for hearing of Conciliation Commission. If the Conciliation Commission fails to reach an agreement on all or part of the demands, the Commission may refer them for hearing to the Labour Arbitration, third party court or wind up the conciliation proceeding by drawing up a Protocol of Disagreement.

Strike, acoording to the Lithuanian legislation means, a temporary cessation of work by the employees or a group of employees of one or several enterprises and can be used only, when a collective dispute is not settled or a decision adopted by the Conciliation Commission, Labour Arbitration or third party court, which is acceptable to the employees, is not being executed.

The right to adopt a decision to declare a strike (including a warning strike) is vested in the trade union according to the procedure laid down in its regulations. A strike shall be declared if a corresponding decision is approved by secret ballot by:

1. two-thirds of the enterprise employees voting in favour of a strike in the enterprise;

2. two-thirds of the employees of a structural subdivision of the enterprise and at least a half of the employees of the enterprise who vote in favour of a strike in the structural subdivision of the enterprise.

The employer must be given an at least seven days' written notice of the beginning of the intended strike by communicating to him the decision adopted according to the procedure laid down in this Article. When a strike is declared, only the demands which were not met during the conciliation procedure may be put forward.

A warning strike lasting not longer than two hours may be held before the strike is declared . The employer must be given an at least seven days' written notice of the warning strike.

When a decision is taken to hold a strike (including a warning strike) in railway and public transport, civil aviation, communications and energy enterprises, health care and pharmaceutical institutions, food, water, sewage and waste disposal enterprises, oil refineries, enterprises with continuous production cycle and other enterprises cessation of work in which would result in grave and hazardous consequences for the community or human life and health, the employer must be given a written notice of the strike at least fourteen days in advance.

When talking about strikes in Lithuania, it must be said, that the procedure of organising a strike is too much restrickted (i.e. too long terms for warning employer about the strike, too many votes of employees must be gathered for declaring a strike, etc.).

Collecting statistical data about the strikes in Lithuania was started only in the year 2000. According to the statistics the strikes in Lithuania took place only during the period 2000-2001, and in the period 2002-2003 (first half) there were no strikes at all. In the year 2000 there were 56 strikes (including 21 warning strikes), and during year 2001 there were 34 strikes (including 29 warning strikes).

Mostly strikes were organised in educational institutions of the state sector, there were also some in transport and manufacturing sectors. The main reasons for striking were conflicts, concerning payment of wages.

The lock - outs, according to the Lithuanian Labour Code, are not allowed. Now the employers' organisations are preparing the draft of lock-out procedure regulation.