Lithuania
The ITUC affiliates in Lithuania are the Lithuanian Labour Federation (LDF), the Lithuanian Trade Union “SOLIDARUMAS” (LPSS), and the Lithuanian Trade Union Confederation (LPSK).
Lithuania ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1994 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1994.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination
The law prohibits anti-union discrimination.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised in the Labour Law.
Barriers to lawful strike actions
- Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - Section 77 of the Labour Code provides that, for a strike to be declared in an enterprise, a corresponding decision has to be approved by secret ballot by more than one half of the employees of the enterprise and, in case of a strike in a structural unit, by more than one half of the employees of that structural unit.
Ban or limitations on certain types of strike actions
- Restrictions with respect to the objective of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons) - Despite the entry into force of amendments to the Labour Code in April 2020, which should have facilitated recourse to strike action, the Lithuanian Trade Union Confederation deplores that the procedure to call a strike is still lengthy and complicated. Strikes are only allowed in the following cases: a) if an employer refuses to negotiate a collective agreement or b) refuses to sign a collective agreement. Violations of a collective agreement by the employer is not a valid ground for strike action. Solidarity strikes are not allowed.
- Restrictions with respect to the level or scope of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national) - Art. 76, Labour Code: 'A strike shall mean temporary suspension of work by the employees or a group of employees of one enterprise, or several enterprises, or a particular sector in the event of a collective dispute not being settled.'
Undermining of the recourse to strike actions or their effectiveness
- Possibility to replace workers during lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - The Labour Code provides that in the event of a strike, the employer is prohibited from employing other persons to perform the work of the striking employees, except for certain sectors when minimum services are not provided. These may include railway and public transport, civil aviation enterprises, medical institutions, water, electricity, heat and gas supply, sewage and waste collection (Art. 77(5), 80(2), Labour Code).
Limitations or ban on strikes in certain sectors
- Undue restrictions for “public servants”
- Civil servants in the Ministry of Internal Affairs are not allowed to strike, nor is this right granted to civil servants holding head of department positions in an institution or an agency, or other senior positions (Art. 21(8), Law on Civil Service).
- Absence of compensatory guarantees for categories of workers deprived of the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - The Labour Code prohibits strikes 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(1), Labour Code).
- Unreasonable or discretionary (i.e. without negotiation with social partners
social partners
Unions and employers or their representative organisations.
or absence of an independent authority in the event of disagreement) determination of the extent of the “minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework ” to be guaranteed during strikes in public services - According to the Labour Code, the minimum service shall be determined by the parties to a collective dispute within three days of the day on which the trade union notifies the employer about the strike. However, if no agreement is reached by the parties, the decision is to be made by the authorities (Section 80(2), Labour Code).
In practice
On 8 February 2022, a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the Lithuanian enterprise AB Achema was organised after a unanimous decision of the Achema Workers’ Trade Union Council and the support of 80 per cent of union members, which account for 30 per cent of the company’s total workforce. For several years the union has been trying to engage in a constructive dialogue with the company’s management and has taken all possible measures to reach a peaceful settlement. Unfortunately, the employer has never engaged in social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
. Currently, there is no collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, and the State Labour Inspectorate is investigating possible violations of the workers’ rest and working-time arrangements. Additional tensions emerged when the employer unilaterally adopted a new remuneration system, not yet implemented but which raises fears that salaries will be cut. Achema is a producer of nitrogen fertilizers and chemical products in Lithuania and the Baltic states.
Drivers at Vilnius public transport were forbidden to go on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by court order on 13 November 2012. The court decided that the warning strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
announced by the workers was illegal even though all legal procedures had been respected.
In March 2012, the Supreme Court held that breweries were considered to be essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
and declared a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
of the Lithuanian Trade Union of Food Producers (LPMS) illegal on these grounds. In June 2011, the union voted in favour of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action in support of their demand for a company-level collective agreement. To stop the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, management applied to the court with the petition to declare strikes in breweries illegal.
The judicial system is slow in dealing with unfair dismissal cases. There are no labour courts or judges specialised in labour disputes. Furthermore, the trade union organiser has to prove that s/he was dismissed due to trade union activities, which is impossible in most cases.