| Abstract [eng] |
The Role of Individual Labour Disputes in the System of Labour Disputes Summary Procedure for resolution of individual labor disputes by the commissions for labor disputes has been regulated by Lithuanian legislation since the year 1957. Upon adoption of the Law on Labor Dispute Resolution in 2000, the trade union committees were cancelled; such committees acted as pre-trial authorities engaged in resolution of individual disputes in Soviet Lithuania. However, even in the year 2000, the legislation regulating resolution of labor disputes included a lot of drawbacks, and therefore validity of such legal acts was transitory. The 4th June 2002 Labor Code and the 28th February 2002 Code of Civil Procedure which came into force on January 1, 2003, formalized regulation of the individual labor disputes resolution ; however the new legislation did not mean any material changes. The present Master Paper includes description of competence of individual labor disputes subjects on the national scale (in the Republic of Lithuania), and practical as well as theoretical analysis of individual labor disputes resolution in the national enterprises and organizations. In the course of analysis of this subject I made an attempt of answering the following questions:  Is it necessary to make distinction of individual labor disputes as specific and specifically regulated part of the civil disputes?  Specifics of labor disputes resolution described in the currently valid Code of Civil Procedure of the Republic of Lithuania.  Specifics of labor disputes resolution formalized in the countries of the European Union such as France, Sweden, Germany, and Finland, resolving their labor disputes in specialized labor courts.  What aspects of labor disputes resolution should be provided for in the Republic of Lithuania? All the questions were attempted to answer both from social as well as process concentration point of view. Social point of view allowed exposing the specifics of individual labor disputes. Analysis of concentration and speediness of trial was based on the European Convention on Human Rights and Fundamental Freedoms, as speedy trial is one of the most important things for the parties to any labor dispute. The Master Paper comprehensively describes, using the method of logical analysis, types of individual labor disputes, with demonstration of data from individual labor disputes associated questionnaires and analysis thereof. In addition, considerable attention is given to specific features of individual labor disputes, specifics of the proceedings associated with resolution of labor disputes in courts, and experience of the EU countries in resolution of labor disputes by specialized labor courts. It should be noted that no material changes were made in the Labor Code in 2003; therefore certain problems which are in contradiction with the Code of Civil Procedure remained. Due to this fact some contradictions (inadequacies) occur in the procedure of labor disputes resolution. Moreover, currently existing procedure of pre-trial labor dispute resolution in labor dispute commissions does not serve the purpose intended. Another problem is that an employer is not allowed to appeal against a decision of labor dispute commission. Notwithstanding the fact that the Code of Civil Procedure establishes minimum preparatory term before trial, the courts usually do not comply with such terms due to the workload experienced. Therefore our legal community increasingly suggests an idea of specialized courts. Finally, it should be noted that social relations are composite and diverse. This fact determines the necessity for further improvement of dispute resolution mechanisms as well as of law enforcement and public protection institutions to ensure security of Lithuanian citizens and guarantee protection by the state of their labor rights by release of proper legislation. |
