Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 376, Octobre 2015

Effect given to the recommendations of the Committee and the Governing Body

1. 67. The Committee last examined this case which concerns violations of the right to strike in law and in practice at its March 2013 meeting [367th Report, paras 881–900, approved by the Governing Body at its 317th Session (March 2013)] on which occasion it invited the Government to engage in consultations with the social partners as regards the need to review the relevant provisions governing collective bargaining and requested the Government as well as the complainant to provide information concerning the current status of collective bargaining negotiations in the company. The Committee further requested the Government to promote the negotiation of a dispute resolution mechanism in the event of disagreement in relation to any annual wage revision process foreseen in current or future collective agreements.
2. 68. In a communication dated 29 January 2014, the Government indicates that a meeting was held on 3 September 2013 with the following social partners: the Ministry of Social Security and Labour, the Confederation of Lithuanian Trade Unions, the Union of Utenos alus workers, the trade union of JSC Svyturys-Utenos alus and the representative of the employer JSC Svyturys-Utenos alus. On that occasion, the conclusions and recommendations of the Committee were discussed, with the representative of the Confederation of Lithuanian Trade Unions submitting a project for the amendment of section 78(3) of the Labour Code and also highlighting the need to modify the conciliation procedures set out in the Labour Code. The representatives of the Ministry of Social Security and Labour also agreed that the Labour Code could be improved by determining fast and impartial mechanisms by which individuals or collective complaints could be examined. According to the Government, it was jointly decided by the participants to the meeting to initiate amendments to the Labour Code consisting, inter alia, in setting up a Labour Arbitration mechanism tasked with handling collective labour disputes, eliminating third-party court mechanism deemed ineffective in solving collective labour disputes, and assigning the function of hearing collective disputes in the public service to labour arbitration instead of the Government as the latter cannot be party and judge in those disputes.
3. 69. The Government further indicates that, on 30 October 2013, a Member of Parliament submitted a draft law with a view to amending, among others, sections 71, 75, 78 and 81 of the Labour Code. Lastly, the Government, stressing that all the proposed amendments take into account the recommendations of the Committee and have met with the agreement of the social partners, asks the Committee to close the present case.
4. 70. The Committee takes note of the above information and in particular the Government’s indication that a meeting bringing together social partners was held on 3 September 2013 during which the recommendations of the Committee were discussed as well as a number of amendment proposals to the Labour Code with a view to determining fast and impartial mechanisms through which collective disputes could be settled. The Committee specifically welcomes the general agreement that emerged between the social partners on the need to improve labour dispute resolution mechanisms.
5. 71. The Committee further notes from the information provided by the Government in the framework of its annual reports on the application of ratified Conventions that the sections of the Labour Code dealing with collective labour disputes were indeed amended by Parliament on 15 May 2014. In this regard, the Committee notes with satisfaction that the restriction to declare a strike, pursuant to the recently adopted amendments, is not applicable when the negotiations provided for in the collective agreement (such as annual wage revision in this case) result in a disagreement of the parties (section 78(3) of the Labour Code). The Committee also notes the introduction of Labour Arbitration, a new mechanism for handling disputes relating to minimum services which is formed under the jurisdiction of the district court where the registered office of the enterprise is located (sections 71 and 75 of the Labour Code). It further notes with interest that, as a way of ensuring impartiality and neutrality, the claims put forward by workers in essential services are no longer settled by the Government, but fall under the remit of the Labour Arbitration (section 78(1) of the Labour Code).