Trade unions e s s ence and func t io n s
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Trade Unions: e s s ence and func t io n s. LPSK lawyer Jolanta Cinaitienė. Legal ba sis. Labour C ode; Civil C ode; Law on trade unions. Peculiarities of a trade union as an juridi cal person. Public juridi cal person ; Juridical person of limited civil responsibility ;

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Trade unions e s s ence and func t io n s

Trade Unions: essence and functions

LPSK lawyer Jolanta Cinaitienė


Legal ba sis
Legal basis

  • Labour Code;

  • Civil Code;

  • Law on trade unions.


Peculiarities of a trade union as an juridi cal person
Peculiarities of a trade union as an juridicalperson

  • Public juridicalperson;

  • Juridical person of limited civil responsibility;

  • Social partner status;

  • Constitutional trade union status.


Trade union rights
Trade union rights

  • Organizational;

  • Functional;

  • Exceptional;

  • Jurisdictional;

  • Parity;

  • Right to participate in the employer’s decision-making;

  • Advising;

  • Control andmonitoring


Right to collective bargaining i
Right to Collective bargaining (I)

  • ILO Convention No. 98 on right to organize and collective bargaining

  • ILO Convention No.154 on collective bargaining

  • National legal acts;

  • Course of collective bargaining;


Stages of negotiations
Stages of negotiations

  • Introduction;

  • Collectivenegotiations;

  • Coordination of the draft collectiveagreement;

  • Presentation of the coordinated draft to the meeting (conference) of the employees to confirm;

  • Signing the collective agreement.


Introduction
Introduction

  • Presented in written form with clearly formulated requirement;

  • The representatives of the employees and employers agree on the beginning and order of negotiations;

  • If not agreed about the beginning of negotiations they start within 2 weeks after the presentation of the introduction.


C o l le c t ive bargaining
Collective bargaining

  • The commission is set up on the principle of the paritet (equality)of the parties;

  • Activities of the commission are reflected in the minutes;

  • Negotiations are conducted in straight way and without delays;

  • The parties have the right to receive all information related to negotiations;


Confirmation of the draft c o l le c t ive agreement
Confirmation of the draft collective agreement

  • If the meeting (conference) of the employees confirms the draft collective agreement it is signed by the representatives of the employer and employees;


Employees meeting c onferenc e

MEETING

All employees are invited to participate;

It is legal in case not less than a half of the enterprise employees participates.

CONFERENCE

The delegates are invited to participate;

It is legal in case not less than two thirds of the delegates participate.

Employees’ meeting (conference)


Employees meeting c onferenc e1
Employees’ meeting (conference)

  • In case the number of the participants is insufficient within 5 days another employees’ meeting or conference is organised;

  • The decisions are made by the secret or open voting and by the majority votes.


End of the col le c t ive negotiations
End of the collective negotiations

The collective negotiations are considered finished when:

- new collective agreement is signed;

- the disagreement protocol is signed with indication of the measures proposed by the parties to remove disagreements and the new terms to renew negotiations;

- one of the parties informs in written form about withdrawal from the negotiations.


C o l le c t ive agreement
Collective agreement

  • Applies to all employees of the enterprise;

  • Cannot contradict the valid legal acts;

  • Cannot establish the conditions worsening the situation of the employees comparing with that established by the legal acts;


Branch c ol l e c t ive agreement
Branch collective agreement

  • Signs the central trade union organisation and the employers’ organisation;

  • Labour CodeArt. 50 part 4 establishes what is fixed in the branch collective agreement;

  • Is valid only after registration in the agreement register at the ministry of labour and social affairs within 20 days from its conclusion.

  • The minister of labour and social affairs can extend the area of its application by the request of the parties.


Problems of the employers organi s a tions
Problems of the employers’ organisations

  • Employers’ organisations avoid to commit responsibility and functions in the labour relations;

  • In the public sector it is not clear which institution fulfils the employer’s function, whom to negotiate with;


Right to render proposals to the employer and to the state and municipal institutions ii
Right to render proposals to the employer and to the state and municipal institutions(II)

  • Implementation of the advisory right;

  • Aim – to achieve the employer’s and employees compromise that ensures economic success of the employer and as good as possible satisfies the employees’ interest;

  • Consultation;

  • Consent to dismiss the member of the trade union representative body;

  • Proposals to the state institutions.


Trade union right for informa tion and c onsulta tion iii
Trade union right for and municipal institutionsinformation and consultation (III)

  • Consultation:

    • Directive 94/45/EEB;

    • Labour Code.

  • Information:

    • Employer presents information;

    • The state institutions present information.


Trade union right to strike iv
Trade union right to strike and municipal institutions(IV)

  • Legal regulations;

  • Presented proposals on alterations of the Labour Code;

  • Correspondence to the international legal acts;

    • ILO Conventions;

    • European social charter.


Other trade union rights v
Other trade union rights and municipal institutions (V)

  • Right to demand to annul the decisions of the employers;

  • Right to lodge the complaint to court against the employers’ decisions;

  • Right to carry out non-state control over observation of the labour laws and the collective agreements;


Thank you

Thank you and municipal institutions!


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