BYLŲ DĖL STREIKŲ TEISĖTUMO NAGRINĖJIMO LIETUVOS TEISMUOSE YPATUMAI

Abstract

This article examines the Lithuanian case law dealing with employment disputes arising from the right to strike and examines cases on illegal strikes. The labour cases arising from individual labour relations also are analysing in this article, as there are connected with the issues of collective labour relations. This article aims to analyse the 2003-2014 year judicial practice examples in labour cases arising from collective labour relations, to reveal their essential features and miscarriage of justice in applying labour law norms. The study focused on the first-instance case law, as the majority of cases are not judge in the next instances. However, in cases where the dispute has been appealed in the appeal and cassation procedures, the case law of the higher courts are also discussed and the changes and new interpretation of the case law are represented. Analyses of the case law, as well as the evaluation of its doctrinal background are presented in this article. The judicial practice is assessing of the existing national and international legal standards context. The article ends with conclusions and proposals for the improvement of the judicial practice.