| Abstract [eng] |
Peculiarities of Labour Cases in the Civil Procedure The confusing legal labour relations, especially the economic and social inequality of the subjects of such legal relations, also the necessity of security of social partnership and public interest determine the peculiar position of labour disputes in the context of other civil disputes. This also determines the peculiar regulations of examining legal labour disputes in the court. However, it is important to notice that according to the old Code of Civil Procedure the legal labour disputes were adjudicated as general civil disputes with not significant exceptions. This problem was solved in the new Code of Civil Procedure which was inured in the 2003. The peculiar regulations of examining legal labour disputes in the court were consolidated in the XX chapter which is called ‘the peculiarities adjudication of labour cases’. The main peculiarities of this chapter are: alternative jurisdiction, employees exemption from legal costs, shorter, exact terms of the pre – trial stange and investigation of the case, the procedure of the conciliation, initiative court (the court is entitled to gather the evidences that parties are not basing on, may transcend the requests of the claim, can apply the alternative measures of defence) and etc. These peculiarities should guarantee during the investigation of the labour cases to: a) conciliate the parts; b) solve the legal labour disputes as fast as possible; c) identify the substantial truth , if it is impossible to conciliate the parts in the case. There is an enough basis of legislation in Lithuania which regulates the investigation of labour disputes. However, there comes a lot of questions and problems considered to exercising such legal rules. The practice shows that the main peculiarities are not exercised: the conciliation of the parts, the promptitude of the civil procedure and the initiative of the court. This situation motivates to make conclusions and take supplementary measures to exercise the purposes of investigation of labour cases. According to what was mentioned, the practice of foreign countries of investigation of labour cases in the courts is very helpful. Moreover, legal labour disputes are investigated in the specific labour courts in the majority of the foreign countries. Therefore, the advantages and disadvantages, the opportunities to borrow the positive practice of foreign countries was discussed and assessed in this master’s work. The comparative analysis of investigation of labour cases in foreign countries was invoked in case to decree some conclusions. The main suggestions are: to pay more attention to the conciliation of the parts, to exercise the lawyers specialization, to form the colleges which will consist of professional and unprofessional lawyers (social partners). |
