| Abstract [eng] |
The legality of strikes, the implementation of the right to strike and the question of restrictions are debated both in the Republic of Lithuania and in the United Kingdom. Issues in the regulation of strikes in these two divergent jurisdictions are very similar, inspite of the fact that the legal system of the Republic of Lithuania belongs to the continental legal system and the legal system of the United Kingdom is considered to be part of the common law tradition. Certainly, despite similarities there are many differences in the regulation of strikes in these two jurisdictions. The primary objective of this master thesis is to compare the understanding of the legality of strikes in the Republic of Lithuania and in the United Kingdom and to reveal similarities and differences in the regulation of strikes in these jurisdictions. The subsidiary objective is to identify problematic and criticised aspects of the regulation of strikes in the Republic of Lithuania and in the United Kingdom. In order to accomplish these objectives, the provisions of legal acts, labour law doctrine, case examples of the courts in the regulation of collective actions have been analysed. In the master thesis the conception, nature and sources of strikes in the legal systems of the Republic of Lithuania and the United Kingdom are introduced, the historical evolution of the right to strike is described, restrictions of the implementation of the right to strike are provided and issues of the restriction of strikes in essential services are explained. Futhermore, objectives and couses of strikes that determine the legality of strikes or on the contrary the conflict with the law requirements are scrutinized. Moreover, the comprehensive analysis of organization of strikes is provided, manifestation conditions and balloting requirements of legal strikes are described. Finally, in the master thesis the overview of consequences in the violation of conditions of the legality of strikes, which reveal why it is important for participants and organizers to know and to comply with legal requirements, is provided. It is to be noted, that considering the fact that the United Kingdom has a longtime history of strike regulation and a very comprehensive and practical law, this valuable experience could serve as an example for legislators of the Republic of Lithuania. |
