| Abstract [eng] |
SUMMARY The jurisdiction is case, attributed to court competence, allocation for courts. It is not an easy task for a person seeking to defend their infringed rights, especially in industrial cases. After Lithuania joined the EU, and as larger numbers of people leave to work abroad, it becomes a problem to determine jurisdiction in disputes with a foreign element. There are no perfect rules of law and jurisdiction criteria determining the jurisdiction of industrial cases, especially so in cases with a foreign element. Aim of the paper: to ascertain what is the essence of jurisdiction in industrial dispute cases arising from individual work contracts in both national and international aspects. The paper introduces the concept of jurisdiction and its types, analyzes when an industrial case is considered as having a foreign element, and the jurisdiction of the industrial case is analyzed in a national aspect. I.e. an industrial cases’ attribution to the courts and the jurisdiction to a particular court is established. It is analyzed how the determination of industrial cases’ jurisdiction differs depending on the nationality, residence, or work location of the disputing parties. In addition, the paper analyzes the jurisdiction of cases for damages, originating from labour relations in Lithuanian domestic law, and with the foreign element existing in the case. Industrial disputes provided in the labour code are analyzed by a pre-trial institution, The Committee of Industrial Dispute. This pre-trial investigation requirement is not applicable for disputes concerning damage compensation related to labour relations. Disregarding pre-trial investigation rules, an action can be denied or left uninvestigated. The jurisdiction of industrial cases in court is determined by the defendant’s place of residence or the location of the work being carried out (or where it was, or was to be, completed). In disputes for damages relating to labour relations, compensation is determined by the plaintiff’s place of residence, or where the damage was inflicted. Cases with a foreign element are under the jurisdiction of the Lithuanian courts only if both sides agree that their dispute will be resolved by the former. The Code of Civil Procedure of the Republic of Lithuania will only be used if there is no signed international agreement between the parties, if the disputing party is not a citizen of the EU, or if they do not have a permanent residence in the EU. However, if a foreign country with which Lithuania has a two-way agreement is also an EU member, this agreement is invoked so long as the matter is not regulated by EU law. |
