Abstract [eng] |
In the industrialized market economies, labour courts which serve as vehicles for adjudicating labour disputes, have become quite prevalent. Resolution of industrial disputes requires, in order to ensure social justice, that cases be heard and decided rapidly, at no or with a minimum of cost to the litigants, with a relative lack of formality, and by bodies with specialized capability in labour matters. In the present situation labour courts in the most of European Community countries in which such courts exist substantially meet these criteria. This work presents the analysis of labour courts operating bases in foreign countries. The procedures in labour courts are somewhat simplified as compared with those before ordinary courts, cheaper and faster. Composition of labour courts is mostly tripartite (in some countries bipartite or unipartite). All judges, lay or professional, have a decision-making role. There are compulsory conciliation procedures in the majority of labour courts. Comparative analysis of labour courts practice enables to weigh is it necessary to establish specialized labour courts in Lithuania. World experience is very useful to deal with this difficult question, particularly in the period then lively discussions on the matter of labour court institution in Lithuania constantly take place. Lithuanian laws permits of establishment of bodies with specialized competence in labour matters but there are many economic obstructions to make it. In the work the examination of international, European Community and national legal acts, scholars’ opinions was carried out, disputable questions and problems were reveled, proposing of possible labour court model introduction in Lithuanian court system. |