Abstract [eng] |
Conception of lockouts In the year of 2017, 1st of July, after the new Labor Code comes into effect, Lithuania will, for the first time ever, in both, an ideological and legal sense, see the novelty of the labor lockout be legitimized in its legal system. In order to ensure a proper execution of the Code’s norms and fulfil all of the goals and purposes which completely updating the Labor Code was meant to do, a reasonable analysis of this, previously considered illegal in the local legal system, collective action is needed. This thesis, will attempt to reveal and summarize all of what was said and recommended by the international and supranational organizations, mainly those of the International Labor Organization’s Freedom of Associations committee as well as the European Committee of Social Rights, focusing on the provided conclusions and recommendations. Also the different variations and concepts of lockout found in foreign countries shall also be analyzed, focusing on the different forms and kinds of lockouts that can take place such as: hot and cold lockouts, offensive and defensive lockouts, authentic and non-authentic lockouts. Together with the legislation and relevant positions and scientific work of both the local specialists in the field as well as legislative institutions, social and economic signs of those countries shall also be taken into consideration. The conclusions drawn from these analyses shall provide a prism through which the relevant Lithuanian legal and social situation can and shall be examined, taking into consideration both the situation prior to the coming into effect of the new Labor Code as well as use the lockout norms found in it as objects for analysis, including the relevant specialist positions on the matter, the court cases and the legislation. If unique and unattributed to the relevant model and/or form of the Lithuanian lockout norms shall be located, their necessity and reason for their existence shall be weighed and, if necessary, additional norms from countries that have chosen to take a similar approach to regulating lockouts may be suggested. |