Kolektyvinių derybų vaidmuo ir reikšmė sprendžiant kolektyvinius darbo ginčus: Lenkijos praktika ir perspektyvos Lietuvoje

Abstract

Recently the interest in the process of promoting social partnership and collective labour relations is quite evident in Lithuania and as well in all international community. More and more issues are transferred to the parties of collective labour disputes in order to find solution by their common agreement. Consequently the role of the Government and national legislation is declining. In all this process the institute of collective bargaining has significant meaning. This institute according national and international labour law is considered as a cause for the formation of collective labour relations and social dialogue; the result of it – collective labour agreements. Though, there are some national practice and doctrine of labour law that uses the institute of collective bargaining in another field, namely in the process of resolution of collective labour disputes.
In this article author using legislation and doctrine of labour law tries to analyze the institute of collective labour bargaining considering it as the independent method of collective labour disputes resolution. Analysis of collective bargaining institute leads to conclusion that the very nature of collective bargaining should be firstly related to determination of the status of parties participating in collective relations and regulation of labour conditions. Whereas appliance of collective bargaining in resolving collective labour disputes may be considered as derivative function. However the author does not admit that nor theory of labour law nor practice of it did not know another, more independent method to solve collective labour disputes allowing for parties to act in such a unforced and autonomous way. Obviously collective bargaining is the most inartificial way to solve collective labour disputes without prejudice to rules of parties’ autonomy and their responsibility for own commitments. Thus, collective bargaining being one of the positive methods of collective labour disputes resolution should be applied not only at the initial stage of resolution process but also at the later stagers, even after taking collective actions.