Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) on 24 August 2010, and the comments submitted by the Lithuanian Trade Union Confederation (LPSK) on 31 August 2010 on the application of the Convention and in particular on certain restrictions of the right to strike already referred to by the Committee. Furthermore, the Committee notes the comments submitted the by LPSK on 9 September 2010 and the Lithuanian Trade Union “Sandrauga” on 13 October 2010. The Committee requests the Government to provide its observations thereon.

The Committee notes that the Government indicates in its report that the Ministry of Social Security and Labour will analyse the amendments to the Labour Code as suggested by the Committee in its last observation. In these circumstances, the Committee recalls its previous comments and trusts that they will be taken into account in the process of revision of the Labour Code.

Article 3 of the Convention. Right of organizations to freely
organize their activities and to formulate their programmes

(a) Unilateral determination of minimum service. The Committee had previously requested the Government to amend section 80(2) of the Labour Code so as to ensure that, in the event of disagreement among the parties to the collective labour dispute on the minimum service, the definition of the service to be ensured may be determined by an independent and impartial body. The Committee had noted that according to the new amendment to subsection 2, the minimum services shall be determined by the parties to the collective dispute within three days from the day of submission of warning about the strike to the employer. The Committee had noted, however, that, according to subsection 3, if no agreement is reached by the parties to the dispute, the decision shall be made by the Government or a municipal executive body upon consultation with the parties to the dispute. The Committee had underlined that it would be highly desirable for negotiations on the definition and organization of the minimum service not to be held during a labour dispute, so that all parties can examine the matter with the necessary objectivity and detachment (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161). As regards the legal requirement that any disagreement on the minimum services shall be settled by the authorities, the Committee had recalled that the legislation should provide for any such disagreement to be settled by an independent body, and not by the Government or a municipal executive body. The Committee requests the Government to take the necessary measures to amend section 80(3) of the Labour Code accordingly and to indicate any progress made in this respect.

(b) Compensatory guarantees. In its previous comments, the Committee had requested the Government to provide information on the manner in which claims of workers in essential services are settled and on the relevant body responsible for taking the final decision in this respect. The Committee had noted that, by virtue of the recent amendments, strikes are prohibited in first aid medical services and the demands put forward by the workers concerned are settled by the Government upon consultation with the parties to the collective labour dispute (section 78). The Committee had recalled in this respect that if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned. It is essential that the latter be able to participate in determining and implementing the procedure, which should furthermore provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee requests the Government to take the necessary measures to amend section 78(1) accordingly and to indicate any progress made in this respect.

The Committee is also raising other matters in a request addressed directly to the Government.