| Abstract [eng] |
Economic growth since 2001 till 2008 start leaded to higher incomes for both employers and employees, many new jobs were created. The unemployment rate in Lithuania was particularly low, moreover, according to official statistics, nearly half a million people emigrated from Lithuania. Labor market challenges and economic patterns determined the principles of the labor law and the content of the norms, public social and political conditions. Employers, through businesses, noticed that it has become difficult to select and then later to find quality workers. Despote decine of the economy, it appeared that good workers are still missing, it is necessary to keep the highly skilled workers. In order to keep all their employees, the employers used the opportunities of the Labor Code of the Republic of Lithuania and tried to protect their interests in the employment contracts, and often agreed to additional conditions on the contract of employment, since young workers without experience were taken to work and had to be trained, to be developed, investments in their skills had to be done. Employers look for ways to retain them ("tie"), with various arrangements or motivation systems advantages help. Often, for a variety of mechanisms have been discussed in employment contracts - additional conditions of the contract. Often, however, another employer more money proposed to the qualifed worker, and the previous employer usually lost a trained worker – he left to work elsewhere. The working relationship ends, but not every party everrytime agreed to comply the additional responsibilities of the employment contract. To agree on others, named additional conditions in the employment contract provides for Labor Code, Article 95, paragraph 4. These conditions are called additional because they can be not agreed in a contract of employment, but employment contract is still valid. However, if they have already agreed on them, so that additional conditions of the contract are binding on the parties of the contract. The law provides that the additional conditions of employment contract should be such as to prevent a disagreement with labor laws, regulatory legislation or collective agreement. Labor Code Article 94 paragraph 2, directly says, that the parties can not agree on such working conditions, which worsen the situation of workers. However, some employer and employee agreements, such as a non-competition agreement, a commercial secrecy or confidentiality, are signed as separate contracts. The legal opinion about them that they are civil contracts in nature, but inseparable from the work legal relations governed by labor law. Attribution of these agreements to one or other legal relations is essential, since the parties‘ legal situation depends on it. Case law of such agreements constantly is formed and helps to balance and protect the interests of both parties of the employment contract - employer and employee - and halt the faulty labor law and civil law practices, when the employment contracts or individual agreements for additional conditions between the employer and the employee are concluded. |
