| Abstract [eng] |
Content of Constitutional Principle of the Freedom to Choose a Job and Implementation Problems This paper deals only with the main problems of the implementation of basic constitutional principle of freedom to choose the work. Upon the disclosure of the content of the principle of freedom to choose the work and the analysis of the key law provisions regulating the above-mentioned principle it will be dealt with the problems arising from the implementation of this principle. The constitutional personal freedom to choose the work means that every person has the right to choose the work according to his/her abilities and willingness, and in a freely chosen way to earn money for living. A person is free to both work and not to work, and to have his/her own business and live for the savings. A person realizes his/her right to work in the course of business or any other activities not forbidden by the law. The Constitution proclaims the right to work, but does not guarantee the right to get the work by the specific profession or in field of activity chosen. In other words, the application of this principle is not absolute. The principle of freedom to choose the work can not be construed as an assurance or guarantee for the particular person that he/she will get the particular desired work. As it stated by the Constitutional Court of the Republic of Lithuania, “the possibility of personal freedom to choose is not unlimited”. The analysis of the provisions of the Constitution provides the basis to say that the provisions of the Constitution consolidating the person’s right to work do not involve the guarantee of the absolute rights for the person, but involve the guarantee that the state will not deny these rights. The right to freely choose the work should not be assessed as an absolute - it can not be considered as a guarantee that every person will have the work or get the particular desired work as well as it does not prevent the possibility to limit its implementation on the certain bases by determining the appropriate reasonable and legitimate requirements. It should be noted that the right to freely work is closely related to the forced and compulsory labor insurance. European Convention on Human Rights, Article 4, prohibits the forced work. The second part of the article provides that no one may be enforced to do the forced or compulsory work. |
