The Legal Status of the Trade Unions

The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic’s actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization’s status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization’s status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations’ inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers’ and public viewpoints