The Legal Basis of Social Dialogue
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Abstract
The article deals with the aspects of regulation of social dialogue according to the international, European Union (later in the text – EU) and Lithuanian national law. The definition of social dialogue and its legal basis (subjects, object, legal forms of implementation) are at issue.
The definition of social dialogue is influenced by specific type of social labour relations, economics and globalisation. Thus an effective management of labour sphere, the protection of human rights and the assurance of necessary labour conditions standards become more urgent.
The enlargement of the European Union strengthens the necessity of social dialogue. Although the EU law does not present unified norms in the sphere of social dialogue, it should be supposed, that the EU social politics in the nearest perspective would be closely interconnected with the role of social partners. The article deals with the legal basis of social dialogue, the question whether the separate laws are efficient in the regulation of social dialogue, or the other forms of regulation of social partners dialogue are necessary. In the author’s opinion, the legal basis of social dialogue is the complex of legal norms regulating the status and rights of tradeunions and employers’ organisations, their cooperation on international, national, branch, territorial and company level holding the negotiations on collective agreements, settling the collective labour disputes by negotiations and seeking compromise on urgent social – economical questions, ensuring democracy and welfare, especially while executing economical reforms.
Decisions taken in the process of social dialogue have diverse legal nature. Firstly, they are minimum standards, contracts; secondly, they are general opinions, expressions. The subjects of social dialogue accept both declarations and recommendations.
The importance of the European social dialogue lies in the fact that separate general agreements of social partners (ETUC, UNICE, CEEP) were implemented by the EU Council Directives [8, p. 431, 451, 413].
Agreements on the EU level can be implemented according to the common procedure of social partners and member states. The Labour Code of the Republic of Lithuania delegates the regulation of working conditions to collective agreements. Thus, the EU regulations, treaties and directives can be implemented by laws and normative provisions of collective agreements.
In the end of this investigation comes the conclusion that successful dialogue can be maintained when the representation of social dialogue subjects is admitted, their right to carry on negotiations on labour issues clearly defined and the state and social partners’ responsibility correctly distributed.
The definition of social dialogue is influenced by specific type of social labour relations, economics and globalisation. Thus an effective management of labour sphere, the protection of human rights and the assurance of necessary labour conditions standards become more urgent.
The enlargement of the European Union strengthens the necessity of social dialogue. Although the EU law does not present unified norms in the sphere of social dialogue, it should be supposed, that the EU social politics in the nearest perspective would be closely interconnected with the role of social partners. The article deals with the legal basis of social dialogue, the question whether the separate laws are efficient in the regulation of social dialogue, or the other forms of regulation of social partners dialogue are necessary. In the author’s opinion, the legal basis of social dialogue is the complex of legal norms regulating the status and rights of tradeunions and employers’ organisations, their cooperation on international, national, branch, territorial and company level holding the negotiations on collective agreements, settling the collective labour disputes by negotiations and seeking compromise on urgent social – economical questions, ensuring democracy and welfare, especially while executing economical reforms.
Decisions taken in the process of social dialogue have diverse legal nature. Firstly, they are minimum standards, contracts; secondly, they are general opinions, expressions. The subjects of social dialogue accept both declarations and recommendations.
The importance of the European social dialogue lies in the fact that separate general agreements of social partners (ETUC, UNICE, CEEP) were implemented by the EU Council Directives [8, p. 431, 451, 413].
Agreements on the EU level can be implemented according to the common procedure of social partners and member states. The Labour Code of the Republic of Lithuania delegates the regulation of working conditions to collective agreements. Thus, the EU regulations, treaties and directives can be implemented by laws and normative provisions of collective agreements.
In the end of this investigation comes the conclusion that successful dialogue can be maintained when the representation of social dialogue subjects is admitted, their right to carry on negotiations on labour issues clearly defined and the state and social partners’ responsibility correctly distributed.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
