| Abstract [eng] |
Summary Before-the-trial Institution of Individual Labor Conflicts: Comparative Review of Theory and Practice In Lithuania, the system which deals with the resolution of individual labour disputes can be divided into two segments: pretrial and juridical. During the pretrial stage, individual labour disputes are handled by labour disputes commissions which are established internally by companies, institutions and organizations. Labour dispute commission is an obligatory primary institution for handling individual labour disputes. Pretrial procedure is a mandatory stage of every individual labour dispute resolution. The fact that the law assigns certain categories of individual labour dispute as falling within direct competence of court is considered an exception to the common rule. Pretrial procedure for resolving individual labour disputes in Lithuania was established in 1940. After the restoration of the Independence of the Republic of Lithuania, the pretrial individual labour dispute resolution system did not undergo major reform, and therefore, with only slight changes, the same order prevails at present. The main function of the pretrial stage is to help the parties to reach settlement. When an individual labour dispute is resolved during the pretrial stage, it means that the goal of the pretrial procedure has been achieved: the conflict has been settled peacefully and without juridical intervention. The provisions of the Labour Code of the Republic of Lithuania, which regulate the pretrial individual labour dispute resolution procedure, do not implement the actual settlement of the dispute. The dispute resolution procedure is emphasized instead, and the labour disputes commission is equated with the court. The present paper presents a comparative review of the theory and practice of pretrial individual labour dispute resolution institutions through the analysis of history of the individual pretrial labour dispute resolution procedure, the theoretical grounds and the practical peculiarities of the obligation to hold a pretrial stage, the conflict of theoretical and practical goals, the problems related to the equality of the parties and the implementation of their legal expectations during the pretrial stage, and the ways in which the pretrial individual labour dispute resolution institutions could be improved. |
