| Abstract [eng] |
In the paper are discussed general features of decision execution, which were made in cases related to labor, as well execution peculiarities, recourse of decision execution, also there is analyzed compatibility two codes’ norms (Labor Code and Civil process code) by regulating order of execution of decisions that were taken when solving individual labor disputes. It is described presenting of decision for its execution outside Lithuania. If decision of Labor disputes committee or court is not executed benevolently, there is attached procedure of forced execution – it is very important defence stage of rights and interests that rise from labor relationship, defending. There dominate two opinions that process of execution is complex stage of civil process and process of implementation is independent stage. In the paper are indicated arguments, on which every party basis its opinion. It is discussed both - Labor disputes committee’s and court’s order of for forced execution, as well as provisions, terms and order of execution itself. Only in labor cases can be made such decisions as returning of employee to its previous working place, to change formulation of dismissal from work and adjudging of salary, therefore, forced execution of such decisions is analyzed in more detail. There are discussed peculiarities of its execution. Decisions to return employee to its previous working place or to change formulation of dismissal from work are special, because theses decisions are of non-financial kind, where respondent is obliged to perform actions that are indicated in court decision. Although, recourse execution of decisions that are made in labor cases is executed according to general provisions of CPC that are regulating recourse execution of decisions, although there are provided some limitations of such recourse execution. Forced order, when executing decision, made after solving an individual labor dispute, is followed not only by CPC provisions, principles, but also rights of employees are reserve by DK norms, therefore, in this work is discussed relation of these two codes’ norms. After Lithuania became member of Europe Union, more and more people go to work abroad and in Lithuania there appear more and more foreigners, who work here, consequently court examination jurisdiction issues become more and more important. Decision can be given for execution outside Lithuania. There are discussed general issues of presentation for forced execution outside Lithuania. |
