| Abstract [eng] |
Legal Regulation of Labour Relations and Civil Service: Similarities and Differences SUMMARY Legal regulation of private and public sectors, it‘s similarities and differences are analysed in the article. The Lithuanian Labour Code is compared with the Lithuanian Civil Service Decree. Practical problems and legal literature are also analysed. Civil service is a complex juridical institute, which includes constitutional, administrative and labour rules of law. However, in a broad sense, these legal relations are also implied as labour relations. As it is not required because of public sector‘s specific regulation, civil services labour legal relations should be regulated as same as workers labour legal relations. Lithuanian private and public sectors legal regulation is not united. Private sector is regulated by private rules of law (the Lithuanian Labour Code), whereas public sector is regulated by administrative rules of law (the Lithuanian Civil Service decree and other specific decrees). However, for public sector private rules of law can also be applied – labour relations and social guarantees regulating legal decrees are applied as much, as it is not regulated of the Lithuanian Civil Service Decree. The main difference between workers and civil service is that civil service dispense a function of public administration. On the other hand, all of them perform their work (professional) functions. In this point of view these legal relations are very similar, so workers and civil service should have similar legal positions as well. However, public sectors as specifical labour relations essence requires specific features of legal positions – specific formation procedure, responsibility between public society, higher qualiffication, working and acting requirements, etc. Problems of legal regulation, ideas of Lithuanian legal doctrine representatives are also considered in the article. Some practical examples are also given. |
