| Abstract [eng] |
Summary (The hierarchy of the sources of labour law and its range of use) The primary sources of labour law is stated in Labour Code of the Republic of Lithuania are these: the Constitution of the Republic of Lithuania, international treaties of the Republic of Lithuania, legal norms of the European Union, the Labour Code of the Republic of Lithuania, other laws and regulations that are within the law, normative provisions of collective agreements. The system of the sources of labour law is necessary for the court or other entity to select the applicable law correctly. The hierarchical principle is based on the fact that the bylaw which is inferior under the principles of hierarchy, cannot contradict the senior. Hierarchy – consisting of the stages in the chain of related links, lower links in obedience higher order. The Constitution of the Republic of Lithuania is the highest legal force act in the hierarchical system of the law. The international treaties, ratified by the Parliament of the Republic of Lithuania, is a component of the Lithuanian legal system. The labour laws, placed in the sources of European Union legal system, should be interpreted and applied uniformly, and the national law must be fully consistent with them. The Labour Code is the main source of labour law, establishing the limits of regulation. Legal Law – the overall conduct of the mandatory rule, corresponding to natural (constitutional) rights and representing the compromise of any opposite interests. In addition to the laws, the sources of labour law are also other government regulations, the legal acts of other states and local government institutions, enterprises and organizations. Although the terms of collective agreements are not only normative (but also organizational, obligatory, information), it should be noted that the source of labour law is only normative provisions that acquire a law nature during the validity of the contract. The Labour Code states that individual areas of regulation of labour relations under the Labour Code of the limits of the thresholds may be set by other laws and the government decrees. The government can regulate these relationships but only in the case and on the scale determined by code. Such limits may be established in the law. Therefore, there is a need to estimate the limits of the Labour Code and labour laws. The origin of labour relations, that are of a dual nature (not only work, but civil), is also possible. The Labour Code and the Civil Service Law also has a special relationship, therefore, their mutual relations will be considered with the cooperation of judicial practice. |
