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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lithuania (Ratification: 1994)

The Committee notes the Government’s report, which contains the same information that was provided in 2008 with regard to the application of the Convention in law and practice.

Article 3 of the Convention. Machinery appropriate to national conditions should be established. The Committee notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) on 24 August 2010 concerning the need to create labour courts with judges specialized in labour relations, in particular taking into account the ineffective protection afforded by the judicial system in cases of unfair dismissal and more particularly, the slowness of the proceedings and the need to modify the burden of proof in cases of dismissal related to trade union activities. In this regard, considering the absence of a reply from the Government to the ITUC’s comments, the Committee recalls the importance of a rapid and effective protection in proceedings against anti-union discrimination and requests the Government to provide its observations thereon and to discuss these matters with the most representative organization of workers and employers and to keep it informed of any development in this regard.

Comments by the Lithuanian Trade Union Confederation (LTUC). The Committee notes the comments made by the LTUC on 9 September 2010 alleging that members of work councils have more guarantees than members of trade unions operating in private enterprises. The Committee requests the Government to provide its observations thereon.