Abstract [eng] |
Competition is one of the prerequisites for a contract of employment, applicable to both public and private sector entities. In the public interest, the organization of competitions in the public sector is regulated in detail by law and by sub-legislation. The detailed arrangements in place make it easier to control the procedure, but can also pose theoretical and practical challenges. This Master's thesis analyses the concept, rules, procedure and peculiarities of the competition procedure as a prerequisite for an employment contract, which is enshrined in the legislation of the Republic of Lithuania. The analysis is carried out in the light of the requirements laid down, the comparison of legal sources, the practice formulated by the courts of the Republic of Lithuania and the internal procedure descriptions of specific entities. The Master's thesis provides insights on the basis of scientific literature and publications of the competent state institutions related to the peculiarities of competitions. In order to provide the fullest possible insights, the concept of competitions is analyzed in the context of the procedure in the field of employment and civil law. As an important part of the concept of competition, the principles applicable to pre-contractual relations and the rights and obligations of the parties are examined, as well as their impact on the organization of competition and the cooperation between the parties. Theoretical and practical problems in the organization of competitions in the public sector are examined, based on the general procedures and on specific laws governing procedures in the libraries, health and education sectors. For the sake of completeness, it also discusses competition in the private sector, presenting the specific features applicable in comparison with public sector entities. |