The Meaning of Distinction of Types of Employment Contracts and Determination of Them
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Abstract
There are different types of labour contracts established in the Labour Code of the Republic of Lithuania (hereinafter – LC), which, for the reasons of termination, nature of work, features of functions, psychophysical characteristics of workers and other objective grounds, can not be drawn under same conditions. The distinction of the labour contracts is necessary to achieve the differentiation of the regulation of employees’ and employers’ legal rights and obligations, concerning the features of such labour contracts or the psychophysical characteristics as well as ascertaining supplementary protection of employees. It is necessary to mention that labour relationships under several labour contracts become complicated for the distinction of labour contracts as types of separate contracts. In this publication distinct articles of LC are analysed in order to find out the impact of the determination of essential provisions to the labour agreements. A distinct type of labour contract on a secondary job is established in the LC. In author's opinion, this type of contract loses its essence, when a person stops working in his main job and the question of changing / transforming the essential provisions remains unsolved.
The termination of a labour contract (in fixed-term agreements, contracts on temporary employment and seasonal employment) or establishment of working time (in other types of labour contracts in Art. 108 of LC) may be essential provisions of labour contracts. If a contract of part-time work is considered as a distinct employment contract (this is implied by LC), the essential provision of this kind of contract would be an agreement between an employee and an employer for the part-time work.
According to the actual treatment, the hearing of a request on a right to part-time work (or vice versa – on a right to work full-time) is not equivalent to an employer’s right to change the essential provisions of labour contract (Art.95 (2)) under Article 150(2) of LC. The analysis of these two clauses and the decision of the Government lead to the conclusion that an agreement on provisions of a labour contract or on changing thereof does not comply with the principle of equality of parties. Accordingly, it is necessary to regulate norms the way, that an essential agreement on part-time work between an employer and an employee does not become an infringement of employee’s rights in an approach of international and European rules.
The termination of a labour contract (in fixed-term agreements, contracts on temporary employment and seasonal employment) or establishment of working time (in other types of labour contracts in Art. 108 of LC) may be essential provisions of labour contracts. If a contract of part-time work is considered as a distinct employment contract (this is implied by LC), the essential provision of this kind of contract would be an agreement between an employee and an employer for the part-time work.
According to the actual treatment, the hearing of a request on a right to part-time work (or vice versa – on a right to work full-time) is not equivalent to an employer’s right to change the essential provisions of labour contract (Art.95 (2)) under Article 150(2) of LC. The analysis of these two clauses and the decision of the Government lead to the conclusion that an agreement on provisions of a labour contract or on changing thereof does not comply with the principle of equality of parties. Accordingly, it is necessary to regulate norms the way, that an essential agreement on part-time work between an employer and an employee does not become an infringement of employee’s rights in an approach of international and European rules.
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Please see Copyright and Licence Agreement for further details.
