| Abstract [eng] |
The theme of this work is the tripartite partnership as an instrument enabling representatives of social partners to participate on the basis of parity with representatives of public authority in discussions relevant to labour law problems, and especially tripartite agreements as an instrument to reach acceptable to all parties decisions. The purpose of this work is to analyse the legal regulation, trends, practice of making and fulfilling such agreements, to clarify the gaps of the legislation of Lithuania, problems and find the way out of existing situation. The national laws of Lithuania, which regulate the tripartite social dialogue and tripartite agreements, in general correspond to the stipulation of the international legislation. Despite that, in Lithuania tripartite partnership acts only on the national level, because there are only few territorial level tripartite institutions and there are no one agreement or institution at a branch level. Tripartite agreements in fact do not execute its purpose to warrant a social peace, resolve collective bargaining of employees whereby their right to strike is limited or prohibited, take part in legislation procedure. It shall be indicated the problem of legal status of tripartite agreements – they are not binding even upon the parties. There are more problems – insufficient activity of social partners, there are no good will to seek compromise, negotiators have no proper qualifications to obtain effective dialogue. In order to solve these problems it would be useful to arrange special training programmes, reorganize the existing structure of tripartite institutions, to fix up that tripartite agreements are binding upon the parties and institutions whom this tripartite agreements are directed to have to entertain a proposal. It can be noted that Lithuania has chosen the way of social dialogue and in the future the effective tripartite social partnership will be successfully developed. |
