| Abstract [eng] |
Illegal work is considered as one of the most precarious industrial offences violating the constitutional rights to have decent, safe and fair remuneration conditions. The enactment of Labour Code in Lithuania in 2002 meant the commencement of reform in the legal regulation of illegal work. This intensified in year 2006 when the specialists of State Labour Inspectorate initiated many substantial amendments related to illegal work. Due to the reluctance among social partners towards the adoption of many of these proposed measures on the grounds that they required more detailed analysis, the reforms remain in pending status, though the problem of effectiveness of control of illegal work requires urgent and decisive solutions. In the first part of this Masters dissertation the characteristic points of illegal work are analysed: root causality; the features of historic development; the conception in the laws of Lithuania and in different foreign countries. Two aspects are analysed in detail – the formation of the legal definition of illegal work in its different historical interpretations and up-to-date laws, as well as the study of its objective and subjective features. The second part of this work concerns the practical problems of legal regulation of illegal work. First, the relation between civil and work contract is examined, highlighting the importance of their separation. Then, the drawbacks of employment of two specific categories of person – minors and the foreigners are discussed; the possible outcome of the cancellation of legal regulation of assistance activities on behalf of friends or relatives is being considered separately. The third part gives attention to the analysis of a wide range of the preventive measures: one set being aimed at initiatives to encourage regular employment (briefly overviewed), the other aimed at controlling and monitoring illegal work. In addition, the role of State National Inspectorate with regards to this topic is evaluated. In discussing the prospects for control of illegal work, the proposed measures to strengthen prevention are critically reviewed and appraised by the author. The goal of this dissertation is to provide thorough analysis of the regulatory framework for controlling illegal work, as well as the proposal legal measures relating to the topic, determining their advantages and drawbacks, highlighting the problems of their practical application and the possible solutions. |
