Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Lithuania (Ratification: 1994)

The Committee takes due note of the information provided by the Government in response to the Committee’s previous direct request. The Committee notes with interest that the Law on Trade Unions has been brought in line with the provisions of the Civil Code facilitating the procedure for the establishment of trade unions. It further notes that pursuant to section 20 of the Law on Trade Unions and part 3 of section 2.68 of the Civil Code, a refusal to register a trade union can be appealed against in court.

The Committee notes that 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. The Committee recalls that in its previous comments, while noting that this amendment was an improvement in comparison to the previous provisions that stipulated that a decision to declare a strike had to be approved by two-thirds of the enterprise’s employees, it had also considered that account should be taken only of the votes cast. The Committee therefore once again requests the Government to amend section 77 of the Labour Code accordingly and to provide information on the measures taken in this respect.