Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 2 and 7 of the Convention. Acquisition of legal personality. The Committee notes the Government’s indication that the Republic of Lithuania law amending section 2.38 of the Civil Code was adopted on 4 June 2010, facilitating the establishment procedure of trade unions by defining lower requirements on the membership. Section 2.38, paragraph 1, now provides that a trade union is considered established and can therefore obtain the legal personality if: (i) it has not less than 20 founders, or if they cover no less than one tenth of the total number of employees in an enterprise, institution or an organization (and one tenth of the total number of employees shall be no less than three); (ii) the general meeting of the trade union approved its regulations (statute); and (iii) the administrative bodies were elected thereof. Noting this information with interest, the Committee requests the Government to indicate in its next report if section 6 of the Law on Trade Unions concerning the establishment of a trade union was also amended accordingly.

The Committee further notes the Government’s indication that pursuing to enforce comprehensive requirements on the regulations of trade unions and the registration thereof, the Seimas of the Republic of Lithuania adopted the law amending provisions of section 8 of the Republic of Lithuania Law on Trade Unions. In this respect, the Committee notes that the amended section 8 does not seem to refer anymore to: (i) the legal basis for a refusal of registration of a trade union (section 8, paragraph 7, of the Republic of Lithuania Law on Trade Unions); and (ii) the possibility of appeal in court of the refusal to register (section 8, paragraph 7, of the Republic of Lithuania Law on Trade Unions). In these circumstances, the Committee requests the Government to indicate in its next report if the refusal to register a trade union can be appealed against in court and it requests the Government to provide the relevant legislation regarding the abovementioned comments.