| Abstract [eng] |
The Civil Code of the Republic of Lithuania provides that legal persons are an institution or organization having own name and being able to acquire and have rights and duties in its own name, to be a claimant or a defendant in court. A public legal person is a legal form of a legal entity that does not seek profit, cannot derive profit from its activities (or the received profits cannot be assigned to the legal person's shareholders, founders, etc.) but seek public interest. The head of a public legal person is subordinate to the person, who exercises the rights of the owner of a public legal person. Accordingly, the head of a public legal person is a person working in a public service with a predominant power within such a legal person. The thesis presents the regulation of the legal relations between the institutions of the education and health care sector and their heads. The regulation is carried out in accordance with the legislation, but in separate forms of a public legal entity, regulation may be special, i.e. established by local law, sector legislation or collective agreements. Managers in public legal persons are usually accepted by public tender in the analyzed sectors for five years. The terms of the tender may be adjusted by the public legal person itself or by the person who exercises the rights of its owner in accordance with the general rules of law. Applicants are required to meet general and specific requirements for managerial positions. Their work is regulated by special laws and statutory acts. The working relationship with the head of a public legal person ends with the termination of the employment contract provided for in the Labor Code or other laws. The contract with the head of the legal person is also terminated by revoking the head of the legal person. |
