Profesinių sąjungų steigimo teisinės problemos

ENThe moment of establishment of a trade union, which is, probably, a most debated issue in practice related to the establishment of trade unions, is analysed in this article. Making a generalisation of a labour law doctrine and the case law of the Lithuanian courts, three opinions on this issue may be observed. According to the supporters of the first opinion, the satisfaction of minimum establishment requirements is considered to be the moment of establishment of a new legal person, i.e. a trade union, whereas a provision of documents to the Register of Legal Entities is an optional action with no influence on the fact of the creation of a legal person. The second opinion maybe derived from the decisions of the Supreme Court of Lithuania that a trade union is considered established only from the moment of registration of its Statutes and it is considered a legal subject from this moment only. Two stages of a trade unions establishment and activity are mentioned by the supporters of the third opinion. Firstly, when a trade union is established, it acts as a certain legal subject in employment relations. Secondly, after a trade unions Statutes are registered with the governmental executive authority and a legal person status is acquired, additional rights are awarded to it (for instance, to participate in civil relationships in its own name).