| Abstract [eng] |
Civil Agreements Between the Parties of Labour Relations The aim of this master thesis is to determine the main features which could help to distinguish between civil and labour agreements made by parties associated by employment relations and to present a detailed analysis of civil agreements least examined on the scientific level. The first part of the thesis analyses the subjects of employment relations, their agreements, and the subject matter of those agreements. It should be noted that an employee and employer can enter both into civil and labour agreements. Taking due account of this fact, the main features are identified to be able to distinguish between civil and labour agreements made by parties associated by employment relations. The second part of the thesis is comprised of an analysis of different agreements between an employee and employer. The first one is the loan agreement which is a civil agreement between an employee and employer. It is noteworthy that not only an employer may grant a loan to an employee, but an employee may also grant a loan to his/her employer. The relations based on lease of office premises can arise only where labour (public service) relations exist. When the latter terminate, an agreement of this type terminates as well. Another civil agreement is the lease of vehicles. This agreement could be useful for both parties. However, such agreements are sometimes made in order to avoid tax obligations. The tuition reimbursement agreement is an agreement subject to labour law. Based on the recent court practice, such agreement may cover only tuition reimbursement. The relations involving tuition reimbursement are regulated differently in the public and private sectors. Non-competition agreements by their nature are labour agreements. Yet, they are regarded as civil agreements in court practice. Non-competition agreements limit the employee’s constitutional freedom to choose an occupation. In view of this fact, there are some conditions established by case law which should be met in order to make this agreement valid. The stock option contract is a motivation tool for an employee, though this institution is not widely applied in Lithuania. However, the situation can change radically, if the legislator adopts the currently proposed amendments to the Law on Companies of the Republic of Lithuania. |
