| Abstract [eng] |
"Conceptual Peculiarities of Labor Disputes Concerning Rights in Lithuanian Labor Law" It is essential to establish different methods, the scope, principles and consequences of the resolution of resolving Labor Dispute in order to ensure the rights of the employee as the economically and socially weaker party, as well as to avoid undue domination by one party in the employment relationship. The main purpose of the specific regulation of Labor Disputes in the legislation of the Republic of Lithuania is to ensure an expeditious and cost-effective settlement of disputes and to restore legal peace between the parties to the dispute as soon as possible. Accordingly, the author of this Master's thesis provides an analysis of the legislator's objectives and motives as enshrined in national legislation and explanatory notes to the draft laws, to consistently explore the conceptual peculiarities of Lithuanian Labor Disputes and the most relevant issues of the current legal regulation. In the first part of the thesis, the author analyses the development of the legal regulation of the institute of Labor Disputes in Lithuania, as well as the main social, economic and political reasons that led to the implementation of the complex concept of Labor Disputes in the Lithuanian Labor Law. In the second part of the thesis, while separately analysing Individual Labor Disputes Concerning Rights and Collective Labor Disputes Concerning Rights, the author examines the dualistic nature of Labor Disputes, which is realized by explicitly naming the parties to the dispute, the content of the dispute and the specifics of the origin of a dispute. Finally, to fully highlight the conceptual peculiarities of the legal regulation, as well as to critically assess the existing legal regulation, the essential procedural rules of the pre-litigation procedure as well as judicial procedure and the most relevant issues of the current regulation are being analysed. After assessing the conceptual peculiarities of the institute of Labor Disputes Concerning Rights and considering the dynamic nature of employment relations, to ensure the effective protection of the employee’s and employer‘s rights, it is concluded that the changes of the conceptual peculiarities in the employment law are inevitable. |
