Socialinių partnerių reprezentatyvumo teisiniai aspektai ; Legal aspects of representativeness of social partners

Abstract

Legal Aspects of Representativeness of Social Partners In this study are analysed international, European Union, foreign countries and Lithuanian laws regulating the right of social partners to represent their members and the legal requirements for representativeness of social partners. The mentioned legal acts are analysed in order to present the definition of social partners, to reveal the legal concepts of the representativeness of social partners at international and European Union level and to identify the models of representativeness of social partners. In the first part of the study the historical overview of social partnership in labour law and the concept of social partners operating at international, European Union and national level are presented in order to provide the definition of social partners which is needed for further research. In the second part of the study it is examined the concepts of representativeness of social partners in international and European Union labour law, and on the basis of foreign countries legislation, it is distinguished the main models of representation of social partners and provided a detailed analysis of these models. In the third part of the study it is examined the influence of social partners on the European Union and Lithuanian legislation in determining the extent to which the social partners' representativity criteria have been precisely identified or implied, with the involvement of social partners in legislatives processes and suggestions are made to improve the existing regime in Lithuania. The results of the research show that the analysis of international, European Union, foreign countries and Lithuanian legislation allows to present the concept of social partners, to distinguish two legal concepts of representativeness of social partners and to present four different models of representation of social partners. According to the research carried out, it was found that the criteria of representativeness of the social partners clearly established in the Lithuanian legislation would help to answer the problematic issues arising from the lack of the criteria of representativeness of social partners which are not enshrined in Lithuanian laws.