REVIEW OF LABOUR DISPUTES COMMISSION ACTIVITIES FOR THE 1-ST HALF OF 2017

From now on LCTU in cooperation with the SLI at the Lithuanian Ministry of Social Affairs and Labor will distribute information about the work done by the Labor Dispute Commissions in Lithuania.

Received appeals 3318
Investigated appeals
(with the passage from the previous year) 3117
A total of 3166 decisions were made regarding appeals
Appeals satisfied 1023
Appeals partially satisfied 504
Appeals rejected 326
Confirmed Peace Treaties 409
Refused to consider 793
Refused to review because of a missed deadline 111
Questions raised in the appeals 3166
Wages and salaries 2797
Concerning employment contract 41
For a disciplinary liability 84
For a material liability 134
Others 110
Applicant is an employee 3184
Applicant is an employer 134

During the first half of the year Labor Disputes Commissions (hereinafter referred to as “LDC”) operating in the territorial divisions of the State Labor Inspectorate under the Ministry of Social Security and Labor of the Republic of Lithuania (hereinafter referred to as “SLI”) there were 3318 appeals regarding labor disputes. The trend for the increase in the number of applications submitted to LDC continues to be observed – appeals received were 18% more than in 2016 1st half of the year (2794). In the first half of the year of 2017, LDC analyzed (including appeals from the last year) 3117 appeals, on average each LDC examined 194 applications, 33 applications per month.

In the first half of the year 2017, the highest volume of work was carried out by the Vilnius County Department of the SLI as they analyzed 243 applications on average. A total of 335 applications were processed by the 3rd LDC of the Vilnius Regional Department of SLI. Panevėžys LDC had to examine 256 applications, while Kaunas LDC – on average 239 requests. The lowest number of applications during the period under review was received by the Telšiai LDC and Alytus territorial departments, which examined 180 and 116 work files, respectively.

In the first half of the year 2017, due to the growing number of labor disputes, three more LDC VDI were established in Vilnius, Klaipėda, Šiauliai territorial offices. Thus, there are currently 17 LDCs in Lithuania: there are 6 LDCs in Vilnius, Kaunas County – 3 LDC, Klaipeda – 3 LDC, Šiauliai – 2 LDC, Panevėžys, Alytus and Telšiai – one LDC. Utena, Marijampolė and Tauragė territorial offices serve respectively the Panevėžys, Alytus and Telšiai labor disputes commissions.

The tendency of the absolute majority of appeals regarding wages recovery and the amounts of compensations has remained unchanged since the start of the operation of LDCs. Such requests received  2797, which is 88.3% of all applications received in the first half of the year 2017. In the first half of the year 2017, there were 5.1% more appeals related to payment of work received compared to the first half of the year 2016, there were also 8.1% more appeals for material damages received. In the first half of the year 2017, 37.9% fewer applications were submitted in which questions about the terms of the employment contract were raised, and requests for the removal of disciplinary sanctions were set almost the same as in 2016 first half of the year.

In the first half of the year 2017, 1023 appeals were fully satisfied, 504 partially and it is 48.2% of all the requests examined. It is noteworthy that compared with the fully and partially satisfied requests during the first half of the year 2016, it increased by 14.5 percent. After examining 326 appeals (10.3% of all appeals), the circumstances indicated by the applicants have not been confirmed and requests have been rejected. 542 cases (18.5 percent of all appeals) were refused to consider and the LDC terminated the applications including the already opened cases, as the applicants refused all the claims before the LDC meeting or at the hearing, i.e. the dispute between the employer and the worker was resolved until the first LDC meeting. In the first half of the year 2017, there was a decrease in cases where appeals were refused for examination in the absence of LDC’s competence or where the applicant missed the three month deadline for referral to LDC and the LDC did not find grounds for updating it. Such applications were 319 (10% of all applications submitted), i.e. 12 percent less than in the first half of the year 2016 (357 applications).

Furthermore, there is a tendency for the Peace Treaties approved by the LDC decisions to increase – by the first half of the year 2017, there were 409 which is by 74 decisions (22%) more than in the first half of the year 2016. Decisions confirming the peace treaty, in the first half of the year 2017 were 13% of all decisions made. According to the available statistics, LDC in the first half of the year 2017, its decisions contributed the recovery of 2,293,928,12 Euros in unpaid salaries for the employees and 78.337,18 Euros – for the benefit of employers.

According to the available (unofficial) information, the last year’s tendency of the access of the LDC labor files for the examination in courts remains below 5%. The vast majority of decisions made by LDCs are left unchanged, and courts often adopt the same arguments and evidence that guide the case in dealing with LDCs. Out of all LDC case files, only about 10-15% decisions made by the LDC are deleted and / or corrected (revised).

Optionally acquainted with the LDCs of the SLI territorial divisions during the first half of the year 2017, the decisions made and written by the labor courts and their analysis, it was established that the quality of the decisions of the LDC can be judged positively from a legal and logical point of view. Claims filed by the parties in the proceedings in respect of the subject matter of the dispute and the evidence thereof are appraised on the basis of the fact and the qualification of the law, having properly analyzed all relevant circumstances for the correct resolution of the case.

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