| Abstract [eng] |
SUMMARY The subject of the master’s paper: “Implementation of the Employment Contract”. Following the new Work Code of the Republic of Lithuania, dated January 1, 2003, and other employment relations legislation, this paper defines the conception of the execution of employment rights and duties and the conception of contract execution and amendments, analyses the basics, the conditions and the procedure of modifications to employment contract provisions, temporary modification to provisions under specific circumstances, in cases of lay-off and suspension, as well as discusses the peculiarities of dealing with individual employment disputes. The relevance and the novelty of the subject lies in the fact that the new Work Code of the Republic of Lithuania is in a greater agreement with the contemporary requirements of economic life. The final paper was written with reference to different literature sources: regulatory legislation, special literature, explanations on the application of Work Code rules presented by the Senate of the Lithuanian Supreme Court and order established by civil case judges of the Lithuanian Supreme Court. Methods used in writing the paper: analysis, systematic, logical, historical, precedent, teleological. The execution of rights and duties is the execution of legal rules in factual employment relations. When it is impossible to carry out one’s rights and duties individually or collectively, the help of the third party, i.e. the competent authorities, is necessary. The main subjects that protect the employment rights are the court and the bodies that analyze employment disputes. The execution of the employment contract is defined as proper implementation of bilateral rights and duties determined by the employment contract and as proper modification or termination of the employment contract following the requirements of the regulatory legislation. The amendments to the employment contract can be made upon the change of one of the parties or the content of the contract. The amendment to the stipulated stringent conditions of the employment contract is permitted only upon the written agreement of the employee, with the exception of a temporary transfer to another job in special cases. A lay-off is the situation at the workplace through no fault of the employee, when the employee wants to work but the employer is not capable of providing the agreed job for certain objective reasons (production etc). There is no fault of employment contract parties in case of lay-off. The employee has the right to modify the contract provisions upon the change of production, its capacity, technology, work planning or in other production related cases. The employee is permitted to do this only upon the agreement of the employer. The suspension from the job is a temporary discontinuation of one’s work functions (and the employment contract). The disputes of a legal nature arise out of the breech of law, the ignorance of the individual contract provisions or the breech of the collective contract provisions. The disputes are caused by the breech of individual rights. All individual disputes are normally resolved by the court. At first, they may be investigated by the pre-trial institutions. |
