3,316 research outputs found
Dismissal from work upon an employee’s single gross breach of work duties.
No full textThe ground of dismissal from work upon an employees single gross breach of work duties is strictly regulated by Article 235.2.3 Labour Code of the Respublic of Lithuania and is relevant in both theoretical aspects and practical application purposes. There are a lot of disputes regarding the termination of an employment contract on the initiative of an employer. Wherefore grounds and imposition of disciplinary dismissal from work mentioned in the Labour Code are analyzed in the paper. In this work the concept of the gross breach of work duties and all of the grounds mentioned in Article 235.2 of Labour Code are being analyzed, regarding the systematic Labour Code explanations and the directions given by the supreme court of Lithuania. Moreover, the aspects of the imposition of the disciplinary sanctions and peculiarity of legal disputes upon an employee`s unfair dismissal from work are surveyed. As a result, the author represents some offers in order to improve the regulation of such an important ground of the expiration of an employment contract
Anti-crisis Labour Market Measures and their Effectiveness between Flexibility and Security
No full textTABLE OF CONTENTS: 1. Introduction. – 2. The Crisis in Figures. – 3. Anti-crisis Measures across Europe. – 3.1. Measures to Create Employment and to Promote Reintegration. – 3.2. Income Support for Unemployed People. – 3.3. Measures to Maintain Employment. – 4. Short-Time Work Schemes. – 5. Policies Mix Adapted or Adopted by the EU Member States. – 6. The Effectiveness of Labour Market Measures. – 6.1. Public Expenditure on Labour Market Policies. – 6.2. The Effectiveness of Social Model. – 7. Active and Passive Labour Market Policies between Flexibility and Security. – 8. Concluding Remarks. – References
Civil Servants’ Right to Information and Consultation
No full textThe article aims to analyze the status and applicability of a new generation rights – right to consultation and right to consultation – for civil servants. The author refers to a right of consultation of employees and assesses, whether such a right is extended to civil servants in the same or similar manner under the current legal framework in Lithuania. The research is carried out form a national, EU and international perspectives, where the international and EU documents serve as the basis and national practices of other jurisdictions serve as examples. Historical, teleological, systematic analysis and comparative methods are used to examine the scope of the right to information and consultation, the grounds for the (non-)application of these rights in the civil service in Lithuania as well as the prospects for the consolidation of these rights. The relevance of the research is linked to the national debates on the mandatory nature of labor councils in the civil service and relevant caselaw of the European Court of Justice. The author comes to a conclusion that the right to information currently is not guaranteed under the Lithuanian law but argues that the similarity of individual and collective situation of civil servants and employees makes a strong argument that it would be appropriate to develop a softer version of the information and consultation mechanism for civil servants
Lietuvos darbo teisės modernizavimo perspektyvos
No full textThe article analyses the need and possibilities to improve national labour law. The author reveals the recent changes in the economic and social environment and their impact on the legal regulation of employment and industrial relations and then discusses the modernity criteria in labour law which might help to assess the legislative reforms. Due to the direct linkage of labour law with the state or regional social policy and the necessity to harmonize the permanently opposing interests of major social groups, namely employees and employers, the author suggests that the modernity of national labour law should be evaluated on the basis of the quality of legal regulation of labour relations rather than on the basis of the number of legislative novelties which reflect the social compromises achieved in view of strengthening of competitiveness of the local employers or adaptation to the contemporary economic, social and technological changes. The quality of the legal regulation is identified as a primary indicator of the modernity of labour law. It consists of the three legal characteristics of labour law regulations, namely the degree of conveyance of the socio-political compromise in the legal norms of labour law, the correspondence to modern changes in social, economic and other work-related areas of life and an effectiveness of implementation of labour standards. Examining how separate institutes of Lithuanian labour law correspond with all these criteria, the author expresses his opinion on the necessity and the possibilities of modernization of the current labour law regulations with regard to the covenants not to compete, working time, overtime work, home work, termination of the contract of employment. [...]Straipsnyje siekiama ištirti nacionalinės darbo teisės tobulinimo poreikį ir galimybes. Autorius pirmiausia atskleidžia, kokios pastarųjų dešimtmečių darbo teisės permainos, įvyko tiek ekonominiuose, tiek ir socialiniuose visuomeniniuose santykiuose ir kaip jie veikė darbo santykių teisinį reguliavimą. Autorius svarsto, kokiais kriterijais remiantis darbo teisę reikėtų laikyti modernia, kada atsiranda būtinybė ją modernizuoti ir keisti. Straipsnyje daroma išvada, kad dėl savo glaudaus ryšio su socialine politika ir būtinybės suderinti nuolat priešingus socialinių grupių interesus darbo teisės modernumą reikia vertinti analizuojant ne pačios socialinės politikos atitiktį Šiandieniniams iššūkiams, o darbo santykių teisinio reguliavimo kokybę. Tam autorius išskiria tris pagrindinius kriterijus - kiek darbo santykių teisinis reguliavimas išreiškia socialinį politinį kompromisą, kiek jis atitinka vykusius ir vykstančius visuomeninio ir ekonominio gyvenimo bei darbo aplinkos pokyčius bei kiek darbo teisės normos veiksmingai praktiškai įgyvendinamos. Nagrinėdamas Lietuvos darbo teisės normas pagal kiekvieną iš šių kriterijų autorius pateikia savo nuomonę dėl nacionalinės darbo teisės modernizavimo reikalingumo ir galimybių, pagrįsdamas ją pavyzdžiais. Atskleisdamas nemažai nacionalinės darbo teisės normų nesuderinamumo, painumo, spragų ir vykdymo problemų, autorius daro išvadą, kad nepaisant socialinės politikos pokyčių darbo teisė toliau turi būti tobulinama teisinio reguliavimo tikslumo, atitikties pasikeitusioms darbo sąlygoms, teisinio tikrumo ir efektyvumo linkme
The right to collective bargaining and the right to strike of self-employed persons
No full textThis article provides a systematic analysis of the legal prerequisites and possibilities for self-employed persons to enjoy collective labour rights, such as freedom of association, right to collective bargaining, and right to collective action. Due to technological advances, an increasing number of people are opting for formal self-employment, however, their factual state often resembles the one of the employees (especially in the case of platform workers). Hence, there is an interest to explore where self-employed persons stand in terms of defending their rights collectively. The author gradually reveals how the legal status of self-employed, in particular regarding collective labour rights, has been regulated in the Republic of Lithuania, European Union as well as in the international labour law. It is also worth noting that a significant amount of them has been dedicated to the analysis of jurisprudence of the Court of Justice of the European Union to illustrate the differences between the self-employed and employees (workers)
Legal status of the head of an enterprise, company or organisation.
No full textPersonal relationship between head of an enterprise, companie or organization and legal person is not homogeneous, they are complex. Head is an integral and inseparable part of those legal entities, thanks to its, legal persons may be able to exercise their rights and perform their duties. So, on the one hand head is recognized by the laws of legal person’s management body. On the other hand, these relationships are characterized by the employee and employer connecting element of an employment relationship. Given the significance of the functions performed by the head, his legal status of the evaluation is important not only to the head or employer which took him to the office, but also society as a whole. Thus, in this work we analyze the legislature, the judiciary and legal academics approach to the legal status of the head of an enterprise, company or organization. Specificity of legal status of the head is revealed by examining signature, execution and termination of employment contract, and also head responsibility. After analyzing legal status of the head of an enterprise, company and organization governing law, opinion of the legislator and legal scholar, we concluded, that approach to the legal status of the head is non-permanent and variable
Civil agreements between the parties of labour relations.
No full textCivil Agreements Between the Parties of Labour Relations The aim of this master thesis is to determine the main features which could help to distinguish between civil and labour agreements made by parties associated by employment relations and to present a detailed analysis of civil agreements least examined on the scientific level. The first part of the thesis analyses the subjects of employment relations, their agreements, and the subject matter of those agreements. It should be noted that an employee and employer can enter both into civil and labour agreements. Taking due account of this fact, the main features are identified to be able to distinguish between civil and labour agreements made by parties associated by employment relations. The second part of the thesis is comprised of an analysis of different agreements between an employee and employer. The first one is the loan agreement which is a civil agreement between an employee and employer. It is noteworthy that not only an employer may grant a loan to an employee, but an employee may also grant a loan to his/her employer. The relations based on lease of office premises can arise only where labour (public service) relations exist. When the latter terminate, an agreement of this type terminates as well. Another civil agreement is the lease of vehicles. This agreement could be useful for both parties. However, such agreements are sometimes made in order to avoid tax obligations. The tuition reimbursement agreement is an agreement subject to labour law. Based on the recent court practice, such agreement may cover only tuition reimbursement. The relations involving tuition reimbursement are regulated differently in the public and private sectors. Non-competition agreements by their nature are labour agreements. Yet, they are regarded as civil agreements in court practice. Non-competition agreements limit the employee’s constitutional freedom to choose an occupation. In view of this fact, there are some conditions established by case law which should be met in order to make this agreement valid. The stock option contract is a motivation tool for an employee, though this institution is not widely applied in Lithuania. However, the situation can change radically, if the legislator adopts the currently proposed amendments to the Law on Companies of the Republic of Lithuania
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