| Abstract [eng] |
The essential aim of this Master's thesis is to identify and establish the relationship between the constitutional principle of freedom to choose a job and the employee’s duty of loyalty. In order to clarify this relationship, the official doctrine of the Constitutional Court of Lithuania is being analysed. The doctrine explains the content and value of the principle of freedom to choose a job, enshrined in Article 48(1) of the Constitution, which is crucial for the participants in the employment relationship, for being an essential condition for the expression of a person's decision to work in general. The employee’s duty of loyalty arising from the employment contract is also analysed. It manifests through the implementation of the principles of honesty, avoidance of conflict of interests, and good faith in the performance of the employment contract, as well as in the employee's omission to act in a manner contrary to the legitimate interests of the employer. The analysis of the subjects thereof shows that, in certain cases, the interests of the employer and the employee may diverge in the employment relationship, in particular when it comes to the free implementation of a person's right to choose a job and the employer's intention to protect its business interests by concluding the supplementary agreements to the employment contract: Non-Compete and Non-Disclosure Agreements. The analysis of the before-mentioned agreements reveals that the duty of loyalty, which is supposed to include both non-competition with the current employer and the protection of its confidential information during the employment relationship (which does not itself constitute a basis for restricting the employee’s rights), nevertheless, is considered to be an inadequate measure for the employer to protect its interests. Therefore, the conclusion of the Non-Compete Agreement, which comes into effect during the employment relationship, in a sense, transforms the duty of loyalty into a non-competition obligation and in turn gives rise to restriction on freedom to choose a job or at least may open the way to difficulties in implementing this freedom if the employer’s intention to preserve its confidential information would be given an absolute priority. |
