Teisė į kolektyvines derybas pagal Europos socialinės chartijos 6 straipsnį

Abstract

Right to collective bargaining is such a right, the practicing of which aims to agree over the questions concerning work. Subjects of this right can be both parts of the labor relation, i.e. employees and employers. Sometimes the state can take part in collective bargaining as a third party. Right to collective bargaining can be recognized as a social human right, because practicing this right lets a person aim his social welfare. Although social human rights are not considered as fundamental human rights, they are still very important – the state must take care of every person and the protection of his rights. Social human rights let people create the basics of the state – it is the level of the protection of social human rights what conditions the economic, social and cultural situation of the state. Right to collective bargaining under the article No. 6 of the European Social Charter includes the state obligations. Meeting these obligations can make the protection and practicing of the right to collective bargaining effective. Meeting these obligations inside the state can be ground by making appropriate law acts and in this way trying to achieve more favorable conditions for employees and employers to bargain collectively. The European Committee of Social Rights is the monitoring body for the European Social Charter and for the practicing the right to collective bargaining as well. The Committee functions in two ways: in respect of national reports, it adopts conclusions, and in respect of collective complaints, it adopts decisions. The mission of the European Committee of Social Rights is to judge the conformity of national law and practice with the European Social Charter. Conclusions, as well as decisions, are recommendatory, but most often they are exercised. This is because the European Social Charter is an international treaty, under which the states are obliged to follow its provisions. The practice of the European Committee of Social Rights is important both for the complainant in the concrete situation and for the state as a whole. This practice is also very important for the future perspectives of the European Social Charter. This is because the practice is determinative for unanimous development and application of the legal rules.