Social Partnership as a Method of Legal Regulation of Employment Relations: The Case of Lithuania

Q3 Social Sciences Baltic Journal of Law and Politics Pub Date : 2022-12-01 DOI:10.2478/bjlp-2022-0008
Rytis Krasauskas, Ingrida Mačernytė‐Panomariovienė
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Abstract

ABSTRACT This article assesses the significance of social partnership in the regulation of employment relations. It is pointed out that the legal regulation of employment relations in Lithuania lacks stability, and the hypothesis is raised that this situation has been partly determined by the vanishing, negligible role of social partnership. The presumption is put forward that the regulation of employment relations can result in an effective and sustainable balance between the interests of employees and employers only if the possibilities of social partnership are used to their full extent and an optimal balance is achieved between contractual law-making and state law-making. The Lithuanian social partnership model is defined as gravitating from quasipartnership towards real social partnership; therefore, ways are still being sought as to how to strengthen the impact of social partnership on the regulation of employment relations by means of legislation and the use of soft law. To reveal the impact of social partnership on the regulation of employment relations in Lithuania, the article identifies and assesses the key indicators revealing the influence of social partnership on the regulation of employment relations and examines the positive legal regulation related to social partnership.
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社会伙伴关系作为劳动关系法律规制的一种方法——以立陶宛为例
摘要本文评估了社会伙伴关系在调节雇佣关系中的意义。有人指出,立陶宛对就业关系的法律规定缺乏稳定性,并提出了一种假设,即这种情况部分是由社会伙伴关系的消失和可忽略不计的作用所决定的。提出只有充分发挥社会伙伴关系的可能性,实现契约立法与国家立法的最优平衡,劳动关系的规制才能实现雇员与雇主利益的有效和可持续平衡。立陶宛社会伙伴关系模式的定义是从准伙伴关系转向真正的社会伙伴关系;因此,目前仍在设法通过立法和使用软法来加强社会伙伴关系对管理就业关系的影响。为了揭示社会伙伴关系对立陶宛就业关系调节的影响,本文确定并评估了揭示社会伙伴关系对就业关系调节影响的关键指标,并考察了与社会伙伴关系相关的积极法律调节。
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来源期刊
CiteScore
0.70
自引率
0.00%
发文量
0
审稿时长
12 weeks
期刊介绍: Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.
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