| Abstract [eng] |
Work is one of the most important economic and social guarantees of the person. The aim of every modern country in the branch of labour law is to set and effectively apply such rules of law, which ensured the safety of employees, the right to recreation, leisure and holiday, social security in case of unemployment, provided equal opportunities in receiving a job independent of race, gender, social status or other individual features not related to work results, strictly defined the duties and rights of the employer and the employee, prevented illegal and forced work. The implementation of these principles is guaranteed by the main law of the Republic of Lithuania (Constitution of the Republic of Lithuania), which envisages the mechanism for the protection of rights granted by it – the person whose constitutional rights or freedoms are violated shall have the right to apply to court. The system of labour dispute investigation gives a special role to court, as its objective is to reconcile individual, group and public interests. Namely due to this circumstance certain investigation particularities are characteristic of work case, which are regulated by Section IV of the Civil Code of the Republic of Lithuania. These particularities are related to jurisdiction of work cases, investigation object, court proceedings and execution of court decisions. Special rules for work case investigation are also regulated by the legal acts of other European Union states. The present paper analyses not only peculiarities of work case investigation consolidated by laws, but also the practice of investigating these cases in the Supreme Court of the Republic of Lithuania. The paper also discusses the possibilities and perspectives of establishing specialised work courts in Lithuania. The end of the paper provides with specific conclusions reflecting key issues of the paper. |
