REPUBLIC OF LITHUANIA
LAW
ON COLLECTIVE AGREEMENTS
This Law shall regulate the organization and legal basis of
the formation and implementation of collective agreements.
Chapter 1
GENERAL PROVISIONS
Article 1. The Collective Agreement
The collective agreement shall be the agreement between the
employees working under an employment contract, the collective,
and the employer. It shall include the character of work, wage
rates, conditions of employment, the organization of work, safety
at the workplace, working and leisure time, as well as other
social and economic conditions.
Article 2. Representatives of Parties to Collective
Agreements
Parties to collective agreements shall be represented by
trade union organizations, which shall be authorized at meetings
(conferences) of the collective of employees. If there are
several trade unions, parties to collective agreements shall be
represented by a joint representative body, formed by the consent
of these trade unions. (All trade unions shall participate in the
agreement with equal rights, regardless of their membership.) In
the event that trade unions do not exist, or if the trade unions
do not reach an agreement concerning the formation of the joint
representative body, the parties to a collective agreement shall
be represented by authorized representatives which shall be
elected by the collective, the employer, or individuals
authorized by the employer.
Employees who are not members of trade unions shall have
their interests represented by self-elected representatives.
Parties to collective agreements which are concluded on a
professional basis shall be represented by the organization of an
appropriate trade union and the employer, or individuals
authorized by the employer.
Article 3. The Sphere of the Formation of Collective
Agreements
Collective agreements must be formed in enterprises,
institutions and organizations (hereafter referred to as
enterprises) in which employment contracts are concluded with
employees, regardless of the form of ownership of the enterprise,
and without taking into account whether the enterprise is a legal
person or not, as well as in joint ventures and enterprises
functioning in the Republic of Lithuania.
Collective agreements shall be concluded in enterprises
regardless of the number of employees. Upon the request of the
employees, collective agreements shall also be concluded in
branch enterprises.
In newly formed enterprises, a collective agreement shall be
concluded after the registration of the enterprise in accordance
with the procedure provided in this Law.
Collective agreements shall not be concluded with officials
(State employees) in organs of State and executive power.
Article 4. The Meeting (Conference) of the Collective of
Employees
The power to convene a meeting (conference) of a collective
of employees on the conclusion, amendment or addition of a
collective agreement shall be vested in trade unions as well as
in representatives elected by the employees. In the event that
there are several trade unions, the right to convene a meeting
(conference) shall be vested in the joint representative body of
trade unions. If trade unions do not exist, meetings
(conferences) of the collective of employees shall be convened
upon the written notice of 1/10 of the employees, or by the
employer.
Meetings (conferences) shall be held within 15 days of the
date of submission of the written notice to the employer
(administrative body of an enterprise).
A meeting of a collective of employees shall be valid if at
least 50% of all employees attend, whereas a conference of a
collective of employees shall be valid if attended by at least
2/3 of the delegates.
If the number of employees (delegates), as provided for in
paragraph 3 of this Article, fail to attend the meeting
(conference), another meeting (conference) shall be called within
15 days. This meeting (conference) shall be valid regardless of
the number of participating employees (delegates).
Upon the agreement of the employees (delegates), decisions
shall be adopted at meetings by a majority vote, and by 2/3
majority vote at conferences.
Article 5. The Application of Collective Agreements
Collective agreements shall be binding to its parties as
well as to the legal successor of the employer. The employer must
acquaint new employees with the provisions of the collective
agreement. The collective agreement shall be obligatory to
employees if labour contracts provide therefor.
Chapter 2
THE CONTENTS OF COLLECTIVE AGREEMENTS
Article 6. The Contents of Collective Agreements
Collective agreements shall establish the terms defining the
rights and duties of the parties to the agreement, the procedure
of their implementation, as well as the responsibility of the
parties.
Parties to a collective agreement shall establish additional
provisions concerning the working, social and living conditions
and privileges of employees, or such terms and regulations which
are not set forth in the laws of the Republic of Lithuania, or
which, pursuant to the laws of the Republic of Lithuania, may be
established by the parties themselves.
Collective agreements shall specify:
the terms of concluding, amending and terminating collective
agreements;
the terms of work pay and organization of work (rate -
qualification remuneration, wages according to posts, additional
payments, other privileges and compensations, wage indexation,
the systems and forms of wage payments and incentives, the order
of wage payments and deductions as well as other regulations);
the terms of working and leisure time;
obligations concerning the establishment of safe and sound
working conditions, and the provision of compensations and
privileges in the event that the existing working conditions fail
to comply with the standards set forth in laws and other
legislative acts;
conditions for the acquisition of speciality, the
improvement of professional skill, and retraining, as well as
guarantees and privileges related to them; and other economic and
social regulations which are of importance to other parties.
The contents of collective agreements concluded in joint
ventures and enterprises of foreign states functioning on the
territory of the Republic of Lithuania shall be established
pursuant to the laws of the Republic of Lithuania and the
documents of the foundation of an enterprise.
Article 7. Invalidity of Collective Agreements Which Worsen
Employee Conditions
Terms, regulations, and obligations of a collective
agreement which provide conditions for employees which are worse
than the conditions established by the laws of the Republic of
Lithuania shall be invalid.
Article 8. The Structure of Collective Agreements
The structure, parts, and supplements of collective
agreements shall be defined by the parties involved.
Chapter 3
THE CONCLUSION OF COLLECTIVE AGREEMENTS
Article 9. Negotiations on the Conclusion of Collective
Agreements
The right to negotiate on the closing of a collective
agreement shall be granted to the representatives of the both
parties (Article 2 of this Law).
The procedure for preparing a draft collective agreement as
well as the procedure for negotiations shall be established by
the mutual agreement of the parties and shall be recorded in the
minutes.
Prior to the beginning of the negotiations, representatives
of the parties shall collect the proposals of employees and the
necessary information concerning the economic, social and working
conditions of an enterprise. Such information shall be provided
by the employer and the representatives of employees.
Article 10. Terms of Negotiations
Parties must begin negotiating the conclusion of a
collective agreement upon the request of one of the parties. The
negotiations shall commence within either 10 days or other period
agreed upon by the partners.
In the case that a collective agreement has already been
concluded, the parties shall begin negotiating the conclusion of
a new collective agreement 2 months prior to the expiration of
the existing collective agreement.
Article 11. The Preparation, Discussion, and Signing of
Draft Collective Agreements
Parties to a collective agreement shall prepare the draft
collective agreement, taking into consideration the proposals of
the employees and agreements worked out during negotiations.
The draft agreement must be discussed by the employees (at
structural units) in accordance with the procedure established by
the representatives of the parties, and must be submitted for
further discussion to the meeting (conference) of the collective
of employees.
In the event that the draft collective agreement is not
approved, representatives of the parties, taking into
consideration the indicated remarks and proposals, shall
introduce amendments and additions therein and repeatedly submit
the draft to the meeting (conference) for discussion within 15
days.
Upon the approval of a draft collective agreement at the
meeting (conference), representatives of the parties shall sign
the agreement within three days.
Article 12. Entry into Force of Collective Agreements
Collective agreements shall enter into force on the day that
they are signed.
Article 13. Validity of Collective Agreements
Collective agreements shall be valid until a new collective
agreement is signed.
The term of validity of a collective agreement shall be
established in the collective agreement, but may not exceed 2
years.
Article 14. Amendments and Additions to Collective
Agreements
Within the term of validity of a collective agreement,
parties to the collective agreement shall make amendments and
additions therein in accordance with the procedure for the
conclusion of collective agreements if the parties do not provide
otherwise in the collective agreement.
Chapter 4
EXECUTION AND CONTROL OF COLLECTIVE AGREEMENTS
Article 15. The Execution of Collective Agreements
Parties shall fulfil their obligations in accordance with
the procedure, terms, and conditions provided for in the
collective agreement.
Article 16. Information Concerning the Implementation of
Obligations and Regulations Established in
Collective Agreements
Upon the request of employees concerned with the
implementation of a collective agreement, the employer shall
impart information in accordance with the procedure set forth in
the collective agreement within the period of 15 days.
Article 17. Control of the Execution of Collective
Agreements
The right to exercise control over the implementation of
obligations set forth in collective agreements shall be vested in
the representatives of the parties, as well as in bodies
authorized by the laws of the Republic of Lithuania.
Representatives of the parties to a collective agreement
shall present reports concerning the execution of the collective
agreement to the collective of employees at least twice a year.
Upon agreement of the parties, the procedure and terms of
presenting reports shall be set forth in the collective
agreement.
Article 18. The Procedure for Resolving Disagreements and
Disputes which Result from the Execution of
Collective Agreements
Disagreements and disputes which result from the
negotiations, conclusion and execution of a collective agreement
shall be resolved in accordance with the procedure of settling
collective disputes (conflicts) provided in the laws of the
Republic of Lithuania.
Disputes arising between individual employees and employers
as the result of failure to carry out a collective agreement or
due to the improper implementation of a collective agreement
shall be settled in court.
Article 19. Liability for Violating the Procedure of
Conclusion of a Collective Agreement or for
Failing to Carry out a Collective Agreement
Representatives of parties who have violated the established
procedure of conclusion of a collective agreement and individuals
guilty of failing to carry out a collective agreement shall be
liable under the laws of the Republic of Lithuania.
Vitiates Landsbergis
President
Supreme Council
Republic of Lithuania
Vilnius
4 April, 1991
No I-1201