| Abstract [eng] |
There are analysed content and implementation problems of constitutional principle of freedom to choose a job in final master work. Constitutional Court of Lithuania noted that constitutional freedom to choose a job or a business is essential condition to supply vital demands of person and to secure position in society and suppose a duty for legislator to make legal presumption to implement mentioned freedom. Principle of freedom to choose a job takes important place both in international and national law. Content of principle of freedom to choose a job is made of right to choose a job or a business freely and right to agree to work freely. Freedom to choose a job or a business means every person has a right to choose a job by his capabilities and intentions and in that freely choose way to earn for living. Right to choose a job also means that person is free both to work and not to work or for example to have his own business or to live from his savings. Practise of right to choose a job is not absolute and not guarantee that a person will get a job which he wants. Law acts, collective agreements, rules of legal procedure and contracts of parts of employer and employee can determine restrictions of right to choose a job or a business. Estimating restrictions of right to choose a job or a business important is to make sure that it was made by law act, also that it was made on purpose to protect other persons rights and liberties and values consolidated in Constitution; also that these restrictions do not deny nature and essence of these rights and liberties and it was followed principle of proportionality. Right to agree to work freely means that no one can be forced to work. Right to agree to work freely is closely connected to interdiction of forced and compulsory work. Right to agree to work freely penetrates both right to refuse a job and right to have a security from changing a labour contract ex-parte and finally interdict for employer to demand to renew labour intercourse. |
