| Abstract [eng] |
In the paper there is analysed representation of employers and employees in the sense of association freedom principle. This issue is important because of representation institute which is of special importance, in addition, it is a new subject in the labour law of the Republic of Lithuania. In the first part of the paper there are analyzed essence and purpose of representation in labour law as well as conception of freedom of association, its content and interaction of these legal phenomena. It is concluded that freedom of association assumes representation of labour law subjects in case of collective labour relations which can be represented by trade union and its organizations following the labour law of the Republic of Lithuania. Employers are represented by employer organizations, their corporations, federations and confederations. The second part of the paper introduces legal status of employee representatives. Trade union is the main organization which represents the rights of employees. This organization is entitled to represent as well as to protect employees interests following the legislation of the Republic of Lithuania. Activities of labour boards as employee representatives are much more narrower than these of trade unions – it is limited by representation of interests of employees employed in companies, institutions or organisations. To labour boards there isn't applied the principle of freedom of associations. In case the law foresees an alternative to enter a trade union operating in a company, institution or organisation or to form a labour board, we could talk about „negative“ aspects of the association freedom content. The third part of the paper is devoted for revealing legal regulation of representation. It is concluded that establishment and activities of employer organisations as subjects of collective labour relations aren't regulated by a separate law – the organisations are usually established and operate on the basis of the common Law on Associations. Acquisition of employer organisation status is related to objectives and tasks formed in the Articles of Association, where target function of such organisations is reflected – representation of employers maintaining legal labour relations, participation in social partnership organising collective negotiations, etc. It is also determined that full prohibition of lockout as an aspect of freedom of association guaranteed to employers by international documents contradicts international obligations undertaken by Lithuania, and in such a way unreasonably narrows the possibility of employers and their organisations to fully implement freedom of association. In the fourth part there are analysed international documents certifying the possibility of limiting freedom of association in regard to certain category of persons. It is concluded that peculiarities of freedom of association is strengthened by publishers of Lithuanian legislation – limitations in regard to police and national defence contradict international obligations of Lithuania. |
