| Abstract [eng] |
Employment agreement is one of the main legal forms of actualizing a person’s right to employment. The content of the agreement consists of the provisions negotiated by the parties, which define the rights and obligations of the parties. The prevailing legal norms and acts regulate most of the obligatory conditions of an employment agreement and define the minimal requirements. There is room left for free discussion of unregulated conditions, yet, the free room is also limited by legal norms, which cover almost every aspect of an employment agreement. Legal norms and acts ensure compliance to the minimal employment standards, define insurance rates, and settle the limitations and obligations in order to prevent any of the parties from being legally abused by the other party and in order to provide the employer and the employee with a possibility to negotiate such employment conditions which would protect the social rights of the employees. When the minimal restricted employment standards are violated, the provisions of the associated legal acts are violated alongside, and the conditions of such employment agreements come to be in contradiction to the prevailing law. The contract which is in contradiction to law should be immediately amended or terminated. The Labour Code of the Republic of Lithuania defines the order of elimination of the employment agreement provisions which are in contradiction with the law. Elimination of such provisions means changing the employment agreement. The contradictions which are defined but are not eliminated have consequences of two kinds: either the employee is assigned another work place upon his/her own request, or the employment agreement is terminated. When any of the provisions of an employment agreement are in contradiction to the law, in case of a particular legal composition (fact), such an event is by itself a sufficient reason to terminate the employment agreement. However, the legislator, when promulgating the obligation and the order of elimination, is not directly responsible for the majority of the questions which subsequently arise in practice. The elimination of the employment agreement provisions which are in contradiction to the law is analyzed by providing the definition of contradiction, its types, the reasons of it occurrence, the possible ways and the order of its elimination, the legal consequences resulting from the said contradictory provisions if not eliminated, and the order of termination compensation in case of employment termination as well as the liability for contradictions. |
