| Abstract [eng] |
Master thesis topic of the subject-matter has been disclosed and analyzed by the examination of practical aspects of employment rules of law at courts. Whereas the investigation of legal employer-employee relationship at court involves both Labor Law, and Civil Procedure rules, the problem of contradiction of those rules of law often emerges in practice. That’s exactly why the selected topic is relevant both in theoretical and practical aspects. The institute of employment disputes is exclusive in Labor Law by its ambivalent nature and characteristic features. As distinct from many other Labor Law institutes, peculiarities of institute of employment disputes are manifested not only in employment dispute differentiation to collective and individual employment disputes, economic and legal disputes, but also because this institute is inter fields – regulated by rules of Labor Law and Civil Procedure Law (material-procedural institute). When a new Labor Code and a new Civil Procedure Code have come into force, legal regulation of this institute changed a lot. Separate Chapter XX of Civil Procedure Code establishes peculiarities of hearing of lawsuits of employment disputes. Effective legal acts stipulate procedure of employment disputes hearing by legitimizing and establishing minimal deadlines to preparation for lawsuit hearing at court and investigation included but not limited to restrictions of the implementation of competitive participation principle of parties to a lawsuit. Court shall be active by hearing and investigating cases of this category. It can collect evidence on its own initiative, involve an additional defendant to the case or even change requirements of a plaint. However, observing following legal acts is implemented seldom in practice, that is the reason why both parties to a lawsuit become persons with prejudiced interests in employer-employee relationship, and the standing of national courts of Lithuania becomes infringed upon. Norms stipulated by Labor Code and Civil Procedure Code are often in contradiction, problems of their employment and interpretation make difficulties not only to parties to a lawsuit, but also to courts employing rules of law. When parties make attempts to establish the final truth, lawsuits of this category are often surrendered even to the High Court of Lithuania. Court hearings of separate categories of employment disputes only affirm this problem to be the matter of great relevance. |
