| Abstract [eng] |
The legal link between the legal person and its manager appears to be noticeably different from the regular employment relationships between employers and employees. The difference arises from its nature as this relationship is defined not only by the norms of the Employment law, but of the Civil law as well. Because of this reason the employment contracts - being concluded between the legal person (as the employer) and the manager (as the employee) - are to be characterised as also having some peculiarities. The dispositive principle, which is inherent in the Civil law, determines the broader discretion for the manager and the legal person, to agree on the employment contract conditions. This is however, not imperatively provided by the Labour Code or some special legislation, e.g. Law on Companies of the Republic of Lithuania. However, in practise there are quite a few problems rising as a result where it is not exactly clear which norms of which field of law shall prevail, or how a certain question should be settled when it is related to the employment relationship of the manager. Since there is no explicit statutory regulation it is being decided by the rulings of the courts, where some of its aspects are left out for the self-regulation and methods being already applied in practice. Nevertheless, the new Labour Code coming into force on the 1st July, 2017 contains an absolutely new section, which regulates on the peculiarities being applied for the employment contracts of the management personnel. This has, as a matter of fact, been merely developed by the jurisprudence and doctrine until now. It is assumed that such provisions, determining the content of the employment contract and its formation, execution and termination - as provided in the new Labour Code - will bring out more legal certainty for the diverse employment relationship of the manager. |
