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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.
  • 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

All employees are invited to participate;

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


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 information 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 (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 (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;