Amendments to the Law on Trade Unions were finally approved at the sitting of the Government of the Republic of Lithuania (LRV [1]) on 2 March 2011. The amendments were drafted by trade unions [2] long ago in order to accord with other labour legislation, as well as Article 5 of the European Social Charter. They ensure that all people in Lithuania, whether citizens, or foreigners who are legally employed, can establish and join trade unions.[1] http://www.lrv.lt[2] www.eurofound.europa.eu/ef/observatories/eurwork/industrial-relations-dictionary/trade-unions
Long-awaited changes to trade union law were agreed by the Lithuanian government at the beginning of March. Attempts to align labour laws with the European Social Charter, and to allow anyone, including students, the unemployed and retired people, to join or set up a union have failed many times due to disagreement between the relevant parties. The Lithuanian parliament is expected to agree the changes, which also aim to promote social dialogue, by autumn at the latest.
Draft law
Amendments to the Law on Trade Unions were finally approved at the sitting of the Government of the Republic of Lithuania (LRV) on 2 March 2011. The amendments were drafted by trade unions long ago in order to accord with other labour legislation, as well as Article 5 of the European Social Charter. They ensure that all people in Lithuania, whether citizens, or foreigners who are legally employed, can establish and join trade unions.
The Parliament of the Republic of Lithuania (LRS) is expected to consider the draft law and approve it this spring or, at the latest, this autumn.
Draft provisions
Under current law, only people with a job can belong to a union. The new law will mean anyone is eligible for union membership (including students, the unemployed and retired people), but only members who are employed will be able to vote on strikes, collective agreements or other decisions likely to affect employees’ rights and obligations. The draft law states: ‘Individuals having working capacities shall have a right to free membership in national, sectoral or territorial (local) trade unions and participation in their activities.’ However, it adds: ‘Members of a trade union founded at enterprise level or subdivision level shall be only such persons who are employees of the enterprise or structural unit concerned’. In addition, a new provision has been added in the draft law stipulating that: ‘Trade unions may be founded by citizens of the Republic of Lithuania and foreign persons who are capable of work.’
The new law will also mean that trade unions can set up branches and act in enterprises according to their own rules, rather than any set down by law. To do this, the trade union rules would have to define the bodies – operating at sectoral or company level – deemed to be representative, as members of these bodies would have certain rights, such as protection from dismissal without the consent of the employees’ representative body. Members of the representative bodies of works councils and trade unions will also enjoy the same rights. It has also been agreed that trade union representatives will be allowed to take 60 working hours a year to perform their duties. For this they will be paid an average wage, unless stipulated otherwise in the collective agreement.
The new law will also oblige employers to give union representatives any information they may request about working, economic or social conditions in order to carry out their duties.
In order to promote social dialogue in the public sector and to increase the number of participants in social dialogue, the terms ‘bodies of state power and governance’, as used in the law, are replaced by ‘state and municipal institutions and agencies’.
Inga Blaziene, Institute of Labour and Social Research
Eurofound recomandă ca această publicație să fie citată după cum urmează.
Eurofound (2011), Changes to trade union law finally approved, article.
