| Abstract [eng] |
Proper labour dispute regulation in the legal norms and its application in practice is important for implementing constitution right to work of both dispute parties and all the society. One of the individual labour dispute categories consolidated in the law in which especially important employee rights to social protection, financial stability are defended are disputes regarding the labour contract. These are disputes arising due to change of necessary labour contract conditions, removal from work at the initiative of the employer and discharge from work. In this paper the author employing logical analysis, synthesis, comparative and statistical methods has analyzed the procedure of considering disputes arising regarding labour contract and its peculiarities. The paper was an attempt to establish how legal norms regulating the procedure of considering disputes regarding labour contract are applied in practice, problems arising in court when applying law have been analyzed. The paper follows the most important Lithuanian legal acts regulating labour dispute procedure: Republic of Lithuania Constitution, Labour Code and Republic of Lithuania Civil Procedure Code. In the paper scientific literature, labour and civil procedure law textbooks, practice of Lithuanian Supreme Court and decisions passed in labour cases in Kaunas City District Court have been employed. The paper consists of an introduction and three parts. In the end of the paper conclusions are formulated and offers are presented. In the first part of the paper the author has revealed the conception and sorts of disputes regarding labour contract, analyzed the order and requirements established in the law following which the necessary work conditions which had been stricken hands can be changed, basics provided in the law when the employee can be removed from the position or discharged from work and discussed the major cases of dispute regarding labour contract arising. The second part of the paper has been devoted for analysis of labour contract considering in court, principal civil procedure regulations which are employed settling disputes regarding labour contract have been discussed. In the third part the following peculiarities of disputes regarding labour contract have been distinguished and analyzed: claim limitation and execution of decisions. |
