| Abstract [eng] |
The freedom of association is one of the fundamental employees rights. Labour legal relations are not indiscrete, the right of collective bargaining is ensured not only for the employees but also for the state servants. The institute of collective agreements in private sector was known to the effect of Labour Law, meanwhile the possibility to make collective agreements in state service was provided after the Labour Law became effective. The legal acts of the Republic of Lithuania, regulating collective bargaining in state service, the main of them the Law of State Service of the Republic of Lithuania, coincide ILO Convention No 87, Convention No. 98, Convention No 154. All above mentioned ILO conventions state the possibility for collective bargaining restrictions in state service. After the analysis of the Law of State Service of the Republic of Lithuania, we can state, that only trade unions can represent interests of state servants. However such provision is criticized, because state servants have fewer rights than employees, labour councils in public administration institution can not be elected. State servants do not have the right to transfer the function of employee representation and protection to the trade union of the appropriate sector of economic activity. The Law of State Service regulates the questions connected with collective agreements which are made in state institutions. Speaking about branch level it is not legally clear who can represent the interests from employers side. This problem is solving by making the amendments of the Law of State Service. The Law of State Service of the Republic of Lithuania gives the standard list of provisions, which can be mentioned in collective agreements. Note that the consideration of such provisions in collective agreements is complicated, the law consolidates the prohibition not to considerate the provisions which worsen the position of state servants and provisions connected with additional finance of State and municipality budgets. In Lithuania the main problems are connected to collective bargaining for state servants salaries, salary of state servants belongs to state budget possibilities. The number of collective agreements which are made in state service in Lithuania is very small (in Lithuania where are 61 municipalities, but collective agreements are made only in 5 of them). Every initiative to start collective bargaining should be appreciable. |
