| Abstract [eng] |
The legal regulation of employment relations both in Lithuania and in the European Community as well as other democratic countries aims at achieving socially beneficial goals. However, in seeking to implement the established goals, states select different mechanisms of legal regulation: one is characterised by a strictly centralised regulation of the relations, when all the most important issues of legal relations of employment are resolved by the State, another is based on the adjustment of interests of the employee and the employer. This master thesis considers the limits of implementation of the principle of freedom of contract in Lithuanian labour law and seeks to evaluate the balance of permissions and orders when concluding an individual employment contract as one of the main factors of emergence of legal relations of employment. The author also analyses the provisions stipulated in the law of the European Union in order to substantiate the opinion that Lithuanian labour laws establish a more detailed regulation than required by legal acts of the European Union. Problems arise due to the fact that the right of parties to an employment contract to reach an agreement in the way most appropriate to them is violated by restricting the possibility of free choice of the country of an employment contract, form and type of the contract through imperative rules of labour law and restricting the possibility of free establishment of mutual rights and duties. The author of the thesis is of the opinion that all provisions of an employment contract are highly personal aspects of employment relations, which influence the possibilities of both the employee and the employer in a very individual manner, so the author proposes to permit a broader scope of application of the principle of freedom of contract in employment relations and presents possible solutions of some problematic aspects. |
