| Abstract [eng] |
The conflict of laws is the contradiction in various regulations, ruling same or similar public relations. Conflicts of laws might be hierarchic, due to validity period, due to application matter, and special. In labour relations with international (external) element the issue of the conflict of laws may occur when the conflict relation might be regulated by the substantive law of two or more states. The solution of the conflict means, that the court determines, the law of which state is to be applied in order to solve the conflict relation. When determined, the court applies the rules of the appropriate law. These kinds of conflicts of law are called the conflicts of jurisdictions. The conflict of laws may also occur in national (domestic) law, when the contradictions appear in rules of different sources of national law. There are special rules for solving conflict of laws, which are established in (conflict) rules of law. The conflict rules do not establish the rights and duties of the person of legal relations. They simply do not regulate the legal relation directly. The conflict rules promotes the clarity of the system of substantive law, which is applicable for the solution of the conflict relation. The types of collision rules are: collision rules of international labour law and collision rules of national labour law. The provisions for the international collision rules could take place both in national law and in international treaties (bilateral or multilateral). The Labour Code of the Republic of Lithuania is the fist legal act of the Lithuanian Republic, which establishes conflict rules for labour law. |
