| Abstract [eng] |
The Master's thesis analyses the remuneration clause as a necessary condition of the employment contract by examining relevant international and national legislation, scholarly findings and case law interpretations. The system of terms and conditions of employment distinguishes between necessary and supplementary terms. The legislator refers to three necessary conditions of remuneration: the workplace, the job function and the remuneration. By agreeing on these conditions, the parties determine their basic rights and obligations and the manner in which the employment relationship will be conducted. Failure to agree on the essential terms of the employment contract shall be deemed to constitute a contract of employment. This Master's thesis examines the different ways in which 'remuneration' can be defined in legislation. It reveals the form of remuneration and the characteristics of the regulation of remuneration. It discusses the regulation of variable remuneration, examines the case law, and reveals why employers avoid including variable remuneration as one of the terms of remuneration in the employment contract. It also looks at the specificities of changing a remuneration clause, the circumstances in which the employer needs to obtain the written consent of the employee, and when a remuneration clause can be changed without a separate signed agreement with the employee. What legal liability the legislator has provided for employers who choose not to comply with their obligation to pay wages to employees. A detailed analysis of the case-law of the Supreme Court of Lithuania and other legal acts reveals the totality of the necessary clause "remuneration of work" in the employment contract. |
