Asociacijos laisvė ir darbuotojų bei darbdavių atstovavimas ; Freedom of association and representation of employees and employers

Abstract

Summary The theme of this work is the principle of freedom of association and the representation of employers and employees. The purpose of this work is to analyse the legal regulation, doctrine, case law on the principal of freedom of association and representation of employers and employees, to clarify the gaps of the legislation of Lithuania. On the base of the experience of the foreign countries, outlining its tendencies in Europe and in Lithuania, and presenting the possible reasonable manners of its resolution. The national laws of Lithuania, which regulate the principle of freedom of association and the organisations of employers and employees, correspond to the stipulation of the international legislation. Despite that, the principle of freedom of association in practice is not duly executed in Lithuania. It can be observed the trade unions' pluralism, but the density in the trade unions is only decreasing of late years. The employers organizations are inclined to negotiate with Government of the Republic of Lithuania and do not initiate the bipartite agreements as well as the trade unions. It shall be indicated the problem of legal status of the employers' organization – there is no special law, regulating the activities of the employers' organizations in Lithuania. The competence of the employers' organizations shall obligatorily be determined in the Articles of Association. The labour council was established by law in Lithuania as a new subject of the representation of employees. The labour council, as a counterbalance to the trade unions, shall be able to fulfil the existing gap of the representation of employees. It is a common practise in Lithuania when there is no trade union established in the company, then employees can be represented by the labour council. To a European extent, the European labour councils are establishing very expeditiously. Nowadays exist 76 European labour councils in Lithuania.