Representation of Employees and Employers in Employment Relationships: Rights, Duties, and Protection Mechanisms
Employees and employers may acquire, modify, waive, or defend employment rights and obligations through representative entities. Both employees and employers can be represented in collective and individual employment relationships.
In collective labor relations, representation can occur without an individual employee’s explicit consent, provided that the representative entity or person reflects the will of the majority of employees. Commitments undertaken through such representation are binding on all employees within the scope of those commitments, even if individual employees have not specifically authorized the collective representative.
Lithuanian trade unions may represent and defend employees’ rights and interests in the context of employment relationships. If there is no functioning trade union in a company, institution, or organization, and if the general meeting of the employee collective has not delegated representation and defense functions to a trade union of the relevant economic sector, employees are represented by a works council, elected by secret ballot during a general meeting of all employees. A single representative cannot represent and defend the interests of both employees and employers.
Rights of Employees’ Representatives
The representatives of the employees shall have the following main rights of collective representation:
- To conclude collective agreements and monitor their implementation;
- To make proposals to the employer regarding work organization within the company;
- To organize and manage strikes and other legal measures to which employees are entitled;
- To submit proposals to state and municipal institutions;
- To carry out non-governmental oversight and control of labor law compliance;
- To protect employee rights during transactions related to the sale and purchase of the company, the transfer of a business or part of it, market structure concentration, and company reorganizations;
- To receive information from employers about their social and economic status and any planned changes that could affect employees’ positions;
- To challenge in court the decisions and actions of the employer or their authorized persons that contradict legal norms, contracts, or violate the rights of the represented individuals.
Employers’ Rights and Duties Relating to the Employees’ Representatives
An employer must:
- Respect the rights of employee representatives and not interfere with their activities. The activities of employee representatives cannot be terminated at the employer’s discretion;
- Consult with employee representatives when making decisions that may affect employees’ legal status, and in cases provided by law – obtain their consent;
- Not delay collective negotiations;
- Review proposals from employee representatives within the time period specified by the Lithuanian Labor Code or, if none is specified, within one month, and provide a reasoned written response;
- Provide essential work-related information about company operations free of charge;
- Ensure conditions for employee representatives to perform their functions;
- Fulfill other obligations established in collective agreements;
- Guarantee other rights of employee representatives as established by law.
Employer Representatives
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.