Socialinio dialogo teisiniai pagrindai
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The article deals with the aspects of regulation of social dialogue according to the international, European Union (later in the text – EU) and Lithuanian national law. The definition of social dialogue and its legal basis (subjects, object, legal forms of implementation) are at issue. The definition of social dialogue is influenced by specific type of social labour relations, economics and globalisation. Thus an effective management of labour sphere, the protection of human rights and the assurance of necessary labour conditions standards become more urgent.The enlargement of the European Union strengthens the necessity of social dialogue. Although the EU law does not present unified norms in the sphere of social dialogue, it should be supposed, that the EU social politics in the nearest perspective would be closely interconnected with the role of social partners. The article deals with the legal basis of social dialogue, the question whether the separate laws are efficient in the regulation of social dialogue, or the other forms of regulation of social partners dialogue are necessary. In the author’s opinion, the legal basis of social dialogue is the complex of legal norms regulating the status and rights of tradeunions and employers’ organisations, their cooperation on international, national, branch, territorial and company level holding the negotiations on collective agreements, settling the collective labour disputes by negotiations and seeking compromise on urgent social – economical questions, ensuring democracy and welfare, especially while executing economical reforms. Decisions taken in the process of social dialogue have diverse legal nature. Firstly, they are minimum standards, contracts; secondly, they are general opinions, expressions. The subjects of social dialogue accept both declarations and recommendations.
- Straipsniai / Articles