Representation of Employer / Employee in Lithuania

BY / IN Areas of activity, Labor Law, Legal Services For Business, Legal Services For Natural Persons, Representation, conduct of the Negotiations

2016-07-28

Employers and employees may acquire, change, waive or defend labour rights through the entities representing them. Employees and employers may be represented both in collective and individual labour relations. Representation in collective labour relations based on the effective labour laws shall occur without the expression of will of an individual employee provided that such entity or person are representative of the will of the majority of the employees. Joint obligations assumed during such representation are binding on all employees who fall within the scope of such obligations, even though individually they have not given special authorisation to the entity of collective authorisation.

Rights of Employees’ Representatives

The representatives of the employees shall have the following main rights of collective representation:

 

  • to conclude collective agreements, supervise the implementation thereof;
  • to submit proposals to the employer on the organisation of work in the enterprise;
  • to organise and manage strikes and other lawful measures which the employees have the right to undertake;
  • to submit proposals to state and municipal institutions;
  • to exercise non-governmental supervision and control of compliance with labour laws;
  • to protect the rights of the employees when concluding and implementing contracts of purchase-sale of an enterprise, assignment of a business or part thereof, concentration of market structures or reorganisation of enterprises;
  • to receive information from the employers about their socio-economic situation and projected changes which might affect the employees’ situation;
  • appeal to the court against the decisions and actions of the employer and persons authorised by him if the said decisions and actions are contrary to legal norms and agreements or violate the rights of the represented person.

 

Employers’ Rights and Duties Relating to the Employees’ Representatives 

 

An employer must:

 

  • respect the rights of the representatives of the employees and not interfere with their activities. The activities of the representatives of the employees may not be terminated at the employer’s will;
  • when making decisions that may affect the employees’ legal position, hold consultations with the representatives of the employees and , in cases provided for by laws, obtain their consent;
  • not delay collective bargaining;
  • consider the proposals submitted by the representatives of the employees within the term set in this Code and where such term is not set – within one month and give a reasoned  response thereto in writing;
  • provide free of charge the indispensable information on issues relating to work of the enterprise;
  • provide conditions for the representatives of the employees to perform their functions;
  • perform other obligations provided for by collective agreements;
  • ensure other rights of the representatives of the employees established by laws.

An employer shall be represented both in collective and individual relations by the manager of an enterprise, agency or organisation. Employers may also be represented in enterprises by other persons (the administration) under the law or authorisation. The manager of an enterprise, agency or organisation shall be entitled in accordance with his competence to delegate part of his powers in the sphere of labour law to a natural or legal person.

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Representation of Employer / Employee in Lithuania
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