Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report and the reply to its previous direct request. The Committee also notes the information provided by the Lithuanian Workers’ Union (LWU) concerning the application in practice of the Act of 1992 on the settlement of collective disputes.

Articles 3 and 10 of the Convention. Right of workers’ organizations to organize their activities without interference from the public authorities.  In its previous comments, the Committee recalled the principles it had formulated as regards the right to strike and requested the Government:

(a)  to amend section 10 of the Act of 1992 on the settlement of collective disputes to lift the prohibition of the right to strike by workers who are not employed in essential services in the strict sense of the term;

(b)  to define the compensatory guarantees afforded to workers employed in essential services in the strict sense of the term;

(c)  to specify the legal framework and procedure for declaring a state of emergency (as strikes may be prohibited in regions where such state is declared) under section 10 of the Act of 1992 on the settlement of collective disputes;

(d)  to indicate whether there existed penal provisions, enforceable by prison sentences, restricting the right of workers to participate in industrial action in public transport, and public and social services.

1.  The Committee notes that the Government merely repeats the information already provided as regards point (a), and that it did not reply as regards point (b). The Committee therefore requests, once again, the Government:

(a)  to amend section 10 of the Act of 1992 on the settlement of collective disputes to lift the prohibition of the right to strike by workers who are not employed in essential services in the strict sense of the term;

(b)  to supply information on the compensatory guarantees afforded to workers employed in essential services in the strict sense.

In doing so, the Committee takes particularly into account the information provided by the LWU, which states that it is practically impossible to declare a legal strike under the Act of 1992 on the settlement of collective disputes as, for instance, in a recent dispute, which is the subject matter of a pending complaint before the Committee on Freedom of Association: the City of Vilnius has invoked section 12 of this Act to order that 70 per cent of the city transport operation be maintained as a minimum service; and recourse to section 13 of the same Act has been made, which provides that the courts may "for specially important reasons" delay for 30 days a strike that has not yet begun and delay for a further period of 30 days a strike that has already begun.

The Committee refers once again to the principles it has developed on these issues (see the 1994 General Survey on freedom of association and collective bargaining, paragraphs 152-164). The Committee considers that while authorities may establish a system of minimum service in sectors such as public transport, it must be a genuinely minimum service, that is one which is limited to meeting the basic needs of the population while maintaining the effectiveness of strike pressure. In the Committee’s view, 70 per cent of the city transport operation cannot be considered an acceptable minimum service. Furthermore, the workers’ organization affected should be able to participate in the definition of this minimum service with the employer and the public authorities.

2.  The Committee notes, as regards point (c) above, that the Ministry of Internal Affairs is currently drafting the Act which will regulate situations of state of emergency. The Committee recalls that such restrictions should be for limited periods and may only be justified in situations of acute national crisis (see General Survey, op. cit., paragraphs 41 and 152).

3.  The Committee notes, as regards point (d) above, that the relevant sections of the Criminal Code were abrogated by Law No. I.551, and that a new draft Criminal Code submitted to the Parliament on 18 November 1999 should be adopted in year 2000; the Committee requests the Government to transmit, in its next report, the text of Law No. I.551 as well as the relevant provisions of the new Criminal Code.

The Committee reminds the Government that it may avail itself of the technical assistance of the ILO as regards all the abovementioned points, and requests it to provide in its next report information on the measures taken or contemplated to bring the legislation into conformity with the Convention, and to communicate copies of the relevant texts once they are adopted.

The Committee is addressing a request on certain other points directly to the Government.