Suchergebnisse

Globalisation is a various and complex process that is displayed by the intensive relations among the countries and the movement of labour, services, goods and other capital that was forced by the scientific and technologic progress at the end of 20th centuary. Progressive globalisation has risen new goals for the labour law that has to adjust to the present changes. The thesis states that the main part has to be given to the social dialogue which is the main and most important means for decreasing negative consequences of globalisation. On the other hand, the use has to be made of the positive opportunities of globalisation. The main goal is stimulation and development of social dialogue in all the stages. Priority should be given to the regulation of the collective labour. The decrease of the present trade unions is a big problem. It is imposible effectively and properly participate at the collective negotiations and reach the social and economic solutions of a problem when social partners are missing. A very possitive mean is European social patners participation at legislation, but this phenomenon is not fully used when there are no concrete fundamentals of law for European associations to initiate and carry out negotiation. Having analised all the resources the conclusion is that globalisation affects labour in all the levels – international, regional (European Union) and national levels. At the international level the main place is given to the Internation labour organisasion that creates and renews international labour standards according to the globalisational challenge. Regional (European Union) level is the Lisboa strategy and European social model that can resist globalisational challenge. This level is based on social dialogue and social responsibility of an enterprise. At the national level separate countries feeling a big presure from multinational corporations has to adapt to the changes of the market in order to ensure the safety and flexibility of labour market.

Globalisation is a various and complex process that is displayed by the intensive relations among the countries and the movement of labour, services, goods and other capital that was forced by the scientific and technologic progress at the end of 20th centuary. Progressive globalisation has risen new goals for the labour law that has to adjust to the present changes. The thesis states that the main part has to be given to the social dialogue which is the main and most important means for decreasing negative consequences of globalisation. On the other hand, the use has to be made of the positive opportunities of globalisation. The main goal is stimulation and development of social dialogue in all the stages. Priority should be given to the regulation of the collective labour. The decrease of the present trade unions is a big problem. It is imposible effectively and properly participate at the collective negotiations and reach the social and economic solutions of a problem when social partners are missing. A very possitive mean is European social patners participation at legislation, but this phenomenon is not fully used when there are no concrete fundamentals of law for European associations to initiate and carry out negotiation. Having analised all the resources the conclusion is that globalisation affects labour in all the levels – international, regional (European Union) and national levels. At the international level the main place is given to the Internation labour organisasion that creates and renews international labour standards according to the globalisational challenge. Regional (European Union) level is the Lisboa strategy and European social model that can resist globalisational challenge. This level is based on social dialogue and social responsibility of an enterprise. At the national level separate countries feeling a big presure from multinational corporations has to adapt to the changes of the market in order to ensure the safety and flexibility of labour market.

The topic of the Thesis is a Comparative Analysis of Derivative Action. Therefore, the Thesis' subject matter constitutes of various matters related to derivative action that are being analyzed considering the experience of foreign countries – especially Germany, France, USA, England. The review of case law shows that in Lithuania and some other countries derivative action is being used in practice very rarely. Therefore, the question arises what the reasons leads to the unpopularity of the derivative action. Also, in Lithuanian legislation there is only one provision for derivative action that contains only the definition of the institute. Due to the narrow regulation and lack of legal doctrine, there arises many problematic issues – what the procedural status of the company and shareholders who have submitted (and who did not) the action is, who has the duty to pay the costs, what the differences between derivative action and shareholder's personal actions are, etc. Answers to these and the other questions are given in five main parts of the Thesis. In the first part of the Thesis the concept of derivative action and the factors affecting formation of the institute as well as reflections of what objectives the legislator should seek by establishing derivative action in the statutory law are provided for. Finally, at the end some negative attitudes to the derivative action and doubts of necessity of such a remedy of interests of minority shareholders are provided for. In the second part the separation of the derivative action and shareholder's personal action is analyzed and types of derivative actions as well as an analytical assesment of what the derivative actions should be accepted in Lithuania are provided for. The third and the fourth parts contain analysis of conditions for granting and fulfilling the right to derivative action that are various in different countries and that lead to whether there is an adequate balance between the defence of minority shareholders' rights, on one side, and the principle of non-interference in company management, on the other side. Finally, the fifth part analyzes the problematic procedural aspects of derivative action – the problem of proper plaintiff in the derivative action that exists in Lithuanian law, the characteristics of paying litigation costs and potential ways of solving these issues.

The topic of the Thesis is a Comparative Analysis of Derivative Action. Therefore, the Thesis' subject matter constitutes of various matters related to derivative action that are being analyzed considering the experience of foreign countries – especially Germany, France, USA, England. The review of case law shows that in Lithuania and some other countries derivative action is being used in practice very rarely. Therefore, the question arises what the reasons leads to the unpopularity of the derivative action. Also, in Lithuanian legislation there is only one provision for derivative action that contains only the definition of the institute. Due to the narrow regulation and lack of legal doctrine, there arises many problematic issues – what the procedural status of the company and shareholders who have submitted (and who did not) the action is, who has the duty to pay the costs, what the differences between derivative action and shareholder's personal actions are, etc. Answers to these and the other questions are given in five main parts of the Thesis. In the first part of the Thesis the concept of derivative action and the factors affecting formation of the institute as well as reflections of what objectives the legislator should seek by establishing derivative action in the statutory law are provided for. Finally, at the end some negative attitudes to the derivative action and doubts of necessity of such a remedy of interests of minority shareholders are provided for. In the second part the separation of the derivative action and shareholder's personal action is analyzed and types of derivative actions as well as an analytical assesment of what the derivative actions should be accepted in Lithuania are provided for. The third and the fourth parts contain analysis of conditions for granting and fulfilling the right to derivative action that are various in different countries and that lead to whether there is an adequate balance between the defence of minority shareholders' rights, on one side, and the principle of non-interference in company management, on the other side. Finally, the fifth part analyzes the problematic procedural aspects of derivative action – the problem of proper plaintiff in the derivative action that exists in Lithuanian law, the characteristics of paying litigation costs and potential ways of solving these issues.

Branch Collective Agreement: Case Study In this thesis a subject of conclusion of branch collective agreements in the Republic of Lithuania and a relationship between provisions of those agreements and norms of Labour Code is analysed. Main goals of this thesis are – to define a branch collective agreement and its main features and after performing analysis of valid branch collective agreements, concluded in the Republic of Lithuania, to identify differences between Labour Code and other legal acts. In order to achieve main goals of this thesis the following methods were used: comparative, systemic and logical analysis, as well as analysis of scientific literature and documents. As a member of International Labour Organization, European Council and European Union the Republic of Lithuania has adopted freedom of association and principles of collective bargaining and collective agreements into its national law. These principles establish rights of employees to freely unite in to associations and other organizations in order to start a social dialogue and collective bargaining to improve the interests of employees. Collective bargaining can be conducted on various levels, such as: national, branch (manufacturing, service, professional), territorial and (or) with employer. Organizations representing employees can choose before mentioned bargaining level freely and determine the best way to start collective bargaining and how to conclude a collective agreement. A successful result of collective bargaining is a conclusion of collective agreement. In the Republic of Lithuania a collective agreements are recognized as normative acts that are mandatory to its parties. Collective agreements differ from other contracts because of untypical subjects, sphere of application and specific utilization. Main results of this thesis are complex and systemic descriptions of provisions of valid collective agreements in eight different branches in the Republic of Lithuania. Provisions of collective agreements are compared with norms of Labour Code and other legal acts.

Branch Collective Agreement: Case Study In this thesis a subject of conclusion of branch collective agreements in the Republic of Lithuania and a relationship between provisions of those agreements and norms of Labour Code is analysed. Main goals of this thesis are – to define a branch collective agreement and its main features and after performing analysis of valid branch collective agreements, concluded in the Republic of Lithuania, to identify differences between Labour Code and other legal acts. In order to achieve main goals of this thesis the following methods were used: comparative, systemic and logical analysis, as well as analysis of scientific literature and documents. As a member of International Labour Organization, European Council and European Union the Republic of Lithuania has adopted freedom of association and principles of collective bargaining and collective agreements into its national law. These principles establish rights of employees to freely unite in to associations and other organizations in order to start a social dialogue and collective bargaining to improve the interests of employees. Collective bargaining can be conducted on various levels, such as: national, branch (manufacturing, service, professional), territorial and (or) with employer. Organizations representing employees can choose before mentioned bargaining level freely and determine the best way to start collective bargaining and how to conclude a collective agreement. A successful result of collective bargaining is a conclusion of collective agreement. In the Republic of Lithuania a collective agreements are recognized as normative acts that are mandatory to its parties. Collective agreements differ from other contracts because of untypical subjects, sphere of application and specific utilization. Main results of this thesis are complex and systemic descriptions of provisions of valid collective agreements in eight different branches in the Republic of Lithuania. Provisions of collective agreements are compared with norms of Labour Code and other legal acts.

Branch Collective Agreement: Case Study In this thesis a subject of conclusion of branch collective agreements in the Republic of Lithuania and a relationship between provisions of those agreements and norms of Labour Code is analysed. Main goals of this thesis are – to define a branch collective agreement and its main features and after performing analysis of valid branch collective agreements, concluded in the Republic of Lithuania, to identify differences between Labour Code and other legal acts. In order to achieve main goals of this thesis the following methods were used: comparative, systemic and logical analysis, as well as analysis of scientific literature and documents. As a member of International Labour Organization, European Council and European Union the Republic of Lithuania has adopted freedom of association and principles of collective bargaining and collective agreements into its national law. These principles establish rights of employees to freely unite in to associations and other organizations in order to start a social dialogue and collective bargaining to improve the interests of employees. Collective bargaining can be conducted on various levels, such as: national, branch (manufacturing, service, professional), territorial and (or) with employer. Organizations representing employees can choose before mentioned bargaining level freely and determine the best way to start collective bargaining and how to conclude a collective agreement. A successful result of collective bargaining is a conclusion of collective agreement. In the Republic of Lithuania a collective agreements are recognized as normative acts that are mandatory to its parties. Collective agreements differ from other contracts because of untypical subjects, sphere of application and specific utilization. Main results of this thesis are complex and systemic descriptions of provisions of valid collective agreements in eight different branches in the Republic of Lithuania. Provisions of collective agreements are compared with norms of Labour Code and other legal acts.

Branch Collective Agreement: Case Study In this thesis a subject of conclusion of branch collective agreements in the Republic of Lithuania and a relationship between provisions of those agreements and norms of Labour Code is analysed. Main goals of this thesis are – to define a branch collective agreement and its main features and after performing analysis of valid branch collective agreements, concluded in the Republic of Lithuania, to identify differences between Labour Code and other legal acts. In order to achieve main goals of this thesis the following methods were used: comparative, systemic and logical analysis, as well as analysis of scientific literature and documents. As a member of International Labour Organization, European Council and European Union the Republic of Lithuania has adopted freedom of association and principles of collective bargaining and collective agreements into its national law. These principles establish rights of employees to freely unite in to associations and other organizations in order to start a social dialogue and collective bargaining to improve the interests of employees. Collective bargaining can be conducted on various levels, such as: national, branch (manufacturing, service, professional), territorial and (or) with employer. Organizations representing employees can choose before mentioned bargaining level freely and determine the best way to start collective bargaining and how to conclude a collective agreement. A successful result of collective bargaining is a conclusion of collective agreement. In the Republic of Lithuania a collective agreements are recognized as normative acts that are mandatory to its parties. Collective agreements differ from other contracts because of untypical subjects, sphere of application and specific utilization. Main results of this thesis are complex and systemic descriptions of provisions of valid collective agreements in eight different branches in the Republic of Lithuania. Provisions of collective agreements are compared with norms of Labour Code and other legal acts.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.

Universities have to respond to the needs of society, governments, companies and individuals. The main activities in universities are fundamental or applied research and studies, providing competencies and knowledge necessary for students' professional careers. Therefore, universities should prepare future professionals for collective activities in their future work places – organizations. Universities which base their ethos on modern educational paradigm practice student-oriented studies. Students and the teacher co-construct the curriculum and peer-learning is employed for deeper learning and better results. The whole study process is based on creating empowering educational environments which engage and stimulate deep learning. According to Salmon (2000), effective university educational environments have to promote collaborative learning, empower deeper learning, engage students in real problem-solving to develop skills that are necessary in real life environments and provide students with the experiences, challenges and opportunities which occur in the 21st century. It requires creating real organizational environments (Munro and Cook, 2008), and even if students feel very engaged in their team performance and problem-solving, they still identify themselves as university students, not as members of an organization (Kahu, 2013). Thus, there is a essential to define how university educational environments that empower students' organizational learning should be designed. Various educational systems, such as collaborative learning, problem learning, service learning can be used for developing organisational learning competence, but there is a lack of a holistic educational system dedicated for this purpose only. This dissertation is dedicated to answer this interdisciplinary research problem: how should the educational environments for organisational learning be designed to empower students' individual and collective learning with the purpose to develop subject knowledge and organisational learning competences? The research object is students' individual and organisational learning in the educational environments for students' organizational learning. The research aim is to disclose students' individual and collective learning in the educational environments for students' organizational learning.