| Abstract [eng] |
The master's thesis analyzes the role of national tripartite councils, and more specifically, the moment of establishment, development, role and problems related to the implementation of competence of the tripartite partnership on the basis of which the Tripartite Council operates. The mentioned aspects are revealed by analyzing international and national legislation, paying more attention to Lithuanian labor law. To understand the prerequisites for the establishment of the Tripartite Council, the master's thesis, above all, analyses international law, since the prerequisites for the institutionalization of the tripartite partnership can be found in international law. The analysis of various legal acts reveals that the tripartite partnership is based on cooperation between Government, employers and employee representatives. Using examples of the institutionalization of tripartite partnership of various foreign countries, analyzing ILO conventions and other documents, the prerequisites for the Tripartite Council to establish in Lithuania are determined and the development of the Tripartite Council's activities, initiatives promoting tripartite partnership and the results of such initiatives are discussed. Continuing the analysis of the activities of the Tripartite Council, the master's thesis analyzes the protocols of the meetings of the Tripartite Council. The content of the protocols is compared with various legal acts, conclusions, and letters. After the analysis, it is concluded that although the role of the Tripartite Council in Lithuanian labor law is advisory, the comments, suggestions and recommendations submitted by the social partners are often considered. However, disagreements between social partners often influence the absence of social dialogue when the conclusions of the Tripartite Council are not considered and the decision is made unilaterally. The conclusion is reached that the role of the Tripartite Council in law-making is active, and tripartite cooperation is encouraged not only by the relationship between the Tripartite Council and the institutions implementing state power established in various legal acts and agreements, but the significance of such cooperation is also noted in the Constitutional Court's decision, and also arises from certain Articles of the Constitution. An important aspect is the fact that the Tripartite Council is not only involved in legislation, but the issues discussed in the Tripartite Council are relevant to labor policy. Various institutions operating on the basis of tripartite cooperation resolve issues relevant to Lithuanian labor law, such as employment, employee health and safety, and wages. After analyzing the mentioned areas, it can be concluded that although these issues are being examined and the proposed conclusions are being implemented, the Tripartite Council lacks the initiative to solve the issues quickly. In addition to this problem, the status of the Tripartite Council, the lack of responsibility of social partners and the status of social partners are also noticeable, which are often emphasized in the works of the authors of scientific publications, causing doubts about the importance and capabilities of the competence of the Tripartite Council. |
