Įmonės kolektyvinės sutarties, kaip darbo teisės šaltinio, reikšmė Lietuvos darbo teisei, vietinio teisinio reguliavimo įmonėse raida ir perspektyvos.
The article discloses problems of the putting into practice the right of social partners to create labour law by signing collective agreements in the particular working place, which had been meant in Lithuanian laws before Labour Code of Lithuania enforced. Beside that the author analyses the importance of the collective agreement in the plant level, as source of Lithuanian labour law, emphasizing the level of the possibility for the social partners to take part into the creation of labour law according Labour Code of Lithuania, which was adopted on the 4’th of June, 2002 and was enforced on the first of January, 2003. The development of the collective agreement since the beginning of modification of the Lithuanian labour law till the adoption of Labour Code of Lithuania is presented. The author also analyses the importance of collective agreement, as the source of labour law in the other foreign countries (the Grate Britain, Germany, Italy, and etc.), compares the implementation of the binding of European Social Charter to seek that the relationship between two social partners (employers from one side and employees from another) were regulated by collective agreements. In the article the normative part of collective agreement in the plant level, which was made between the united trade unions of Lithuanian Railways and the administration of Lithuanian Railways is analysed. It is emphasized that since Labour Code of Lithuania was adopted there was no stimulation in Lithuanian laws for the employer to start collective bargaining and collective agreement. In Lithuanian Railways as in the other companies, where collective agreements in plant level already exists this is made because of strong trade unions of these companies. The author presents the reasons, which cause that the collective agreement in plant level, as the source of Lithuanian labour law, nowadays is not popular enough. The liberalization of Lithuanian labour law in Labour Code of Lithuania is emphasized. The author analyses if the reform of the labour law of Lithuania will cause the popularity of the collective agreement in plant level. The mane point of this article is to look what has been done to stimulate the process of making collective agreements. The article expresses the idea that it had been done enough to stimulate the interest of both sides of collective bargain procedure to regulate part of their relationship by collective agreements.
- Articles / Straipsniai