Recent years in Europe have been marked by efforts to introduce changes in labour law in order to boost employment, reduce labour costs and increase flexibility of national labour markets. The increased international competition has led to major labour law reforms in some European countries but the majority of national developments still indicate a rather limited reformist approach. Evolutionary rather than revolutionary efforts were initiated to balance the wage-setting mechanisms and to soften the dismissal law protection to create room for flexibility, to increase employment by promoting atypical forms of employment, to accommodate legal regulations to technological advances and the new types of economy. Accompanying social security measures intended to improve the efficiency of active labour market policies.
The current selection of academic contributions intends to provide an overview of recent developments in the legal regulation of labour markets in Eastern and Western European countries. The authors’ contributions could not cover all the aspects of the current state of recent reformist efforts on the labour markets. However, by picturing separate developments in different European countries, it intends to assist in identifying regional similarities. Furthermore, it provides opportunities for exchange of ideas, experiences and practices for shaping labour law both at European and national level.
Arbitration Agreements in Individual Labour Law (Arnas Paliukėnas)
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Arbitration Agreements in Individual Labour Law
International legislation does not prohibit the resolution of individual labour disputes in arbitration. Lithuanian legal regulation allows individual labour disputes to be resolved by arbitration only if it is agreed upon in the event of a dispute. This article analyses whether it is possible to broaden the legal regulation on arbitration by establishing an advance arbitration clause in collective agreements. It can be concluded that in order to get certain mutual concessions in negotiations between employers and employees, it is feasible to set such a clause regarding individual labour disputes. It must be emphasized that such a possibility should not be considered as making the position of an employee less favourable. In all cases, all the conditions of a collective agreement shall be assessed.
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