Kolektyvinių sutarčių kaip teisės šaltinio raida ir vaidmuo Lietuvos darbo teisėje

Abstract

The subject of Master thesis – the development and role of collective agreements as the source of law in the framework of Lithuanian labour law. This postgraduate thesis consist of three chapters. The conceptions of the source of law and the collective agreement are presented in the first chapter. Functions of the collective agreement, its historical origin are being discussed here as well. The source of law has many means. According to natural law the source of law means the source of standarts of law and the source of knowledge of law. According to positive law doctrine the source of law is the form of expressing of law. The author tried to analises collective agreement from these two points of view. It is also defined social and law conceptions of the collective agreement. In social sense collective agreement means compromise between two groups of society – employers and employees, achieved by collective bargaining. In law sense it is body of contract laws which regulates labour conditions. The collective agreement has these funktions – lagal (or regulative) and social (peace keeping function, informative function, educative function). But main function is regulative function. In the second chapter the author analyses the development of collective agreements in different periods of Lithuanian history. The author also presents the reasons, which cause that the collective agreement, as the sourse of labour law, is not popular. The third chapter deals with the role of collective agreements as the source of law in the framework of Lithuanian labour law. The collective agreements strengthen contract method in the framework of labour law, define labour coditions and suplement statutory law.