Problems of collective contractual legal regulation in Lithuania
Uniwersytet Jagielloński |
Date Issued |
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2012 |
The article presents the condition of collective contractual legal regulation in Lithuania, which, in the opinion of the author, is not satisfactory. The study identifies and presents an analysis of certain, in the opinion of the author, principal factors that have influenced such a situation. It is noted that the conditions for the development of a fully-fledged collective contractual legal regulation in Lithuania formed only after 11 March 1990 following the restoration of the independence of Lithuania, when a qualitatively new stage of legal regulation began in the labour law, as well as the whole legal system, of Lithuania. However, the present legal regulation has still been inert, and the opportunities to encourage bipartite social dialogue by administrative measures of a limited nature. The article also discloses the mechanisms of legal regulation that have already been created in Lithuania, among them the ones that are aimed at raising the qualification and financial self-sufficiency of social partners, increasing organisational opportunities of social partners, and creating preconditions to exert, through the legal regulation entrenched in collective agreements, an actual influence in regulating labour relations. It has been suggested that making proper use of the said mechanisms could enable to achieve a breakthrough in the consolidation of collective contractual legal regulation. In addition, propositions have been made to further collective contractual legal regulation by reducing the state legal regulation and harmonising the in favorem and inpeius principles.