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RAŠTAS
LIETUVOS RESPUBLIKOS SOCIALINĖS APSAUGOS IR DARBO MINISTERIJA
MINISTRY OF SOCIAL SECURITY AND LABOUR
REPUBLIC OF LITHUANIA
International Labour Standards DepartmentInternational Labour Office
4, route des Morillons
CH-1211 GENEVE 22
Switzerland / Nr. (29.5-61) SD -
rEF. ILO: ACD 8-0 (2010)
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Article 22 of the Constitution of the ILO
Report for the period from June 2008 to June 2010
made by the Government of the Republic of Lithuania
on the
TRIPARTITE CONSULTATION (INTERNATIONAL LABOUR STANDARTS) CONVENTION, 1976 (No. 144)
I. The provisions of this Convention are implemented in line with:
- Regulations of the Tripartite Council of the Republic of Lithuania, approved by the Decision of the Tripartite Council of the Republic of Lithuania on 25 January 2005, Minutes No. 80 (Official Gazette Žinios, 2005, No. 15-488 wording);
- Article 44 of the Labour Code of the Republic of Lithuania (Official Gazette Žinios, 2002, Nr. 64-2569);
- Regulations of the Standing Commission for the implementation of tripartite consultations for international labour standards, approved by the Tripartite Council of the Republic of Lithuania in the meeting of 15 December 1998 (Minutes No. 25);
- Agreement on Tripartite Co-operation signed by the Government of the Republic of Lithuania, trade unions and employers’ organisations on 13 June 2005 (Official Gazette Žinios, 2005, No. 75-2726);
- 2005-2006 Action Plan for the Development of Social Partnership of the Government of the Republic of Lithuania, trade unions and employers’ organisations (approved by the Decision of Tripartite Council of the Republic of Lithuania on 25 January 2005, Minutes No. 80).
II. Paragraph 3 of Article138 of the Constitution of the Republic of Lithuania promulgates that international treaties which are ratified by the Seimas of the Republic of Lithuania shall be the constituent part of the legal system of the Republic of Lithuania, and Article 11 of the Republic of Lithuania Law on Treaties, No. VIII-1248, passed on 22 June 1999 establishes that the treaties of the Republic of Lithuania that have entered into force shall be binding in the Republic of Lithuania.
Article 1
Major organisations representing workers and employers in the Republic of Lithuania at present:
Organisations of workers:
Lithuanian Trade Unions’ Confederation;
Lithuanian Trade Union “Solidarumas”;
Lithuanian Labour Federation.
Organisations of employers:
Lithuanian Confederation of Industrialists;
Lithuanian Business Employers’ Confederation.
Lithuania has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87).
Article 2
The Tripartite Council of the Republic of Lithuania was set up in 1995 on the basis of equal trilateral partnership for the purpose of solving social, economic and labour issues through mutual agreement. Implementing the requirements of the ILO Convention No. 144, the Tripartite Council approved the Regulations of the Standing Commission for the implementation of tripartite consultations for international labour standards in the meeting of 15 December 1998 (Minutes No. 25) and the membership composition of the Standing Commission for the implementation of tripartite consultations for international labour standards under the Tripartite Council of the Republic of Lithuania was approved in the meeting of the Tripartite Council of 12 January 1999 (Minutes No. 26).
The Regulations of the Tripartite Council of the Republic of Lithuania stipulate that one of the functions of the Tripartite Council is to discuss the issues provided for in the ILO Convention No. 144 and make relevant decisions. In 2008, Lithuanian trade unions and central (national) organisations of employers entered into an Agreement on Social Partnership Project. Following paragraph 30 of the Regulations of the Tripartite Council of the Republic of Lithuania, commissions or committees may be formed under the Tripartite Council in order to solve specific permanent or onetime problems. The Tripartite Council has set up the Bilateral Commission of Civil Servants under the Tripartite Council of the Republic of Lithuania by its Decision of 15 September 2009. The Decision of 4 May 2010 of the Tripartite Council has formed the Committee of Regional Development and Employment on the Labour Market, the Committee of Monitoring Consumer Rights, the Youth Committee, and the Committee on the Impact of Science on Economic and Social Development. These Committees and the Commission have been formed with tripartite composition – from state authorities, trade unions and employers’ representatives. Following the Resolution of the Tripartite Council of 21 April 2009, a declaration was made to the Seimas and the Government of the Republic of Lithuania, stating that the social and economic issues important to the labour market should be discussed in the Tripartite Council of the Republic of Lithuania or in the State Social Security Fund Board before their consideration at the Seimas or the Government of the Republic of Lithuania. In order to consolidate the dialogue with the Government, the Government, trade unions and employers’ representatives signed a National Agreement on 28 October 2009, outlining how the financial, economic and social problems arising due to the crisis will be dealt with. The Decision of 25 May 2010 of the Tripartite Council approved the list of mediators in collective labour disputes. On 27 January 2009, amendments to paragraph 4 of the Regulations of the Tripartite Council were made regarding the composition of the Council. It has been decided to increase the membership of the Council from 15 to 21 members – 7 representatives from each party. The name of this institution has been revised by the Decision of 23 March 2010 of the Tripartite Council – Tripartite Council of the Republic of Lithuania (Economic Social Council).
Article 3
In accordance with paragraph 7 of the Regulations of the Standing Commission for the implementation of tripartite consultations for international labour standards, the Commission is formed from 12 members – the same number of representatives from the state authorities, employers and workers. Representatives from the state authorities are appointed by the Minister of Social Security and Labour. Representatives of employers and workers are delegated to the Commission by organisations of employers and workers upon their agreement. The composition of the Commission is approved by the Tripartite Council of the Republic of Lithuania.
The Commission is headed by the Chairperson, elected for the term of one year in rotation by the members of the Commission.
Article 4
In order to effect tripartite consultations to implement international labour standards, the Regulations of the Standing Commission set forth that the work of the Commission shall be ensured by the Secretariat of the Tripartite Council under the Ministry of Social Security and Labour. The agenda of Commission’s meetings is drawn up by the Chairperson of the Commission. Other members of the Commission may also contribute by submitting proposals for the preparation of meeting agendas. The material that should be considered in meetings of the Commission is submitted to the Secretariat of the Tripartite Council by the Ministry of Social Security and Labour.
The perspectives of the Tripartite Council in the upcoming years are most of all related to the implementation of the 2007-2008 Action Plan of the Development of Social Partnership of the Government, trade unions and employers’ organisations of the Republic of Lithuania. Within the framework of Programme 1.2 “Increasing Employment”, measure “Support training institutions of trade unions; inform the public about the activities of trade unions in tripartite councils and commissions of all levels; publish information material” was implemented in 2007. It is intended to strengthen and improve the social dialogue of Lithuania. On 19 July 2007, the Government of the Republic of Lithuania approved “Implementation Measures of the 2007-2011 Programme for the Development and Strengthening of Social Dialogue in Lithuania” designated to develop and enhance social dialogue in the regions (counties and municipalities). There are regular publications of educational and methodological material on the issues of partnership, social dialogues, labour relations and remuneration. Funds from the state budged have been allocated for this purpose. With a view to promoting tripartite co-operation, a programme “Tripartite Agreement” is released on the national radio every two weeks. The programme is used by social partners to discuss topical social and economic issues. On the basis of the provisions of the Agreement on Tripartite Co-operation signed by the Government of the Republic of Lithuania, trade unions and employers’ organisations on 13 June 2005, the Government has allocated funds for organisations of trade unions for the enhancement of these organisations and financing of their training activities. The Tripartite Council places much emphasis on the development of tripartite co-operation in regions. In 2005 – 2007, regional councils were established and commenced their activities in county centres: Kaunas, Panevėžys, Utena, Klaipėda, Marijampolė, Anykščiai. The Lithuanian Labour Federation, the Lithuanian Confederation of Trade Unions and the Lithuanian Trade Union “Solidarumas“ set up co-ordinating centres in Kaunas, Klaipėda, Utena, Panevėžys, Anykščiai, Varėna, Elektrėnai, Naujojoji Akmenė, Šiauliai, Vilnius and Ukmergė in 2007-2008. Late in 2008, the Lithuanian Labour Federation established two more centres – in Alytus and Marijampolė. With reduction in the financing for the Programme in 2009, a decision has been taken to intensify the activities of the existing co-ordination centres, rather than set up new ones. Thus, there are 13 co-ordination centres in Lithuania in 2010. The establishment of new tripartite councils and strengthening of the activities of the existing ones was the responsibility of trade unions. According to the data of 2008-2009, regional tripartite councils are in place in Vilnius County, Vilnius city, Kaunas city, Klaipėda city, Šiauliai city, Panevėžys city, Mažeikiai, Utena, Ukmergė district, Plungė district, Elektrėnai, Varėnoa. Negotiations on the establishment of tripartite councils took place in Tauragė district and in Alytus town. There is a bipartite council in Radviliškis (trade unions and the municipality).
Article5
Thefirst meeting of the Standing Commission for the implementation of tripartite consultations for international labour standards under the Tripartite Council of the Republic of Lithuania took place on 17 December 1999. Suck meetings are held regularly every year. All conventions, their explanatory material and other documents intended to be discussed in the meetings of the Commission are sent to social partners in advance. They have an opportunity to review the material and submit their comments and suggestions.
Quite many consultations take place by e-mail as well as letters. All information related to the ILO is communicated and forwarded to social partners and feedback is provided to their comments or suggestions, if any.
Article 5, paragraph 1
(a) The Government, following the consultations with the organisations of employers and trade unions, always puts forward its position on the agendas of the International Labour Conference, as well as takes part in discussions on the content of specific documents during the Conference;
(d) Verbal consultations with social partners are held while preparing reports to the International Labour Office under Article 22 of the Constitution of the International Labour Organisation;
(e) There were no consultations regarding proposals for denunciation of ratified Conventions in 2008-2010, because there weew no proposals to this effect. However, it was recommended to social partners to provide arguments on the necessity to ratify other Conventions.
Article6
There were no annual reports on the working of the procedures provided for in the ILO Convention No. 144. It is not envisaged in the Regulations of the Commission.
III. There is no institution or body carrying out the control over the work of the Standing Commission for the implementation of tripartite consultations for international labour standards. Meetings of the Commission are held on the initiative of its Chairperson or when requested by the majority of its members, at least once a year.
IV. The courts of the Republic of Lithuania have not passed decisions covering the principal issues pertaining to the present Convention.
V. In accordance with the provisions laid down in paragraph 2 of Article 23 of the ILO Constitution, the copies of this report were sent to the following organizations:
Lithuanian Trade Union “Solidarumas”
Lithuanian Trade Unions’ Confederation
Lithuanian Labour Federation
Lithuanian Confederation of Industrialists
Lithuanian Business Employers’ Confederation.
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Vice-Minister / Aurdonė Morkūnienė1
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Karolina Anda Juodpusytė, tel. 2664231, el. p.