The Peculiarities of Employment Contract Institute in the Baltic States
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Abstract
The investigation of legal acts of the Baltic States, regulating the peculiarities of employment contract institute, makes to come to these conclusions:
1. Not each of the Baltic States has got it’s labour laws codified, which would be lawfully perfect, systematized and handy for a user. The separate uncodified legal acts are still in force in Estonia.
2. The form of employment contract is regulated differently in each state. Both written and oral forms of employment contract are admitted in Estonia and Latvia and make no problems of practical enforcement of such a provision, meanwhile there is an approved written form of employment contract in Lithuania, though the systemic analysis of Labour Code norms allow us to make the conslusion that employment contract may also be made in oral form.
3. There are only two conditions of employment contract set in the Baltic countries – employee’s place of work and job functions. Lithuania is unique of its dividing those employment contract conditions into essential and others.
4. Labour Code of Republic of Lithuania has determined the longest probation period – till six months in cases provided by low. The rest of the Baltic States limit the duration of probation period by three, four months.
5. The position of European Union is about to separate the types of employment contracts, but the single Labour Code of Lithuania makes a exhaustive distinction between different types of employment contracts in all Baltic states. According to the time period, employment contracts are non-term and fixed-term, according to the specifics of work: seasonal, for a particular work etc.
6. The grounds for the expiry of employment contracts in the legal acts of the Baltic States can be grouped on the basis of will which makes those relations end:
a. the expiry of employment contract depending on the will of the parties (upon the request of the employee, on the initiative of an employer, by agreement between the parties, upon expiry of the period etc.);
b. the expiry of employment contract independently from the will of the parties (upon demand of the third party, in cases of death of the employee or employer etc.).
7. The grounds for the termination of employment contract on the initiative of an employer are more precise in Estonia and Latvia than those of Lithuanian Code, which does not directly and expressively name the important reasons.
1. Not each of the Baltic States has got it’s labour laws codified, which would be lawfully perfect, systematized and handy for a user. The separate uncodified legal acts are still in force in Estonia.
2. The form of employment contract is regulated differently in each state. Both written and oral forms of employment contract are admitted in Estonia and Latvia and make no problems of practical enforcement of such a provision, meanwhile there is an approved written form of employment contract in Lithuania, though the systemic analysis of Labour Code norms allow us to make the conslusion that employment contract may also be made in oral form.
3. There are only two conditions of employment contract set in the Baltic countries – employee’s place of work and job functions. Lithuania is unique of its dividing those employment contract conditions into essential and others.
4. Labour Code of Republic of Lithuania has determined the longest probation period – till six months in cases provided by low. The rest of the Baltic States limit the duration of probation period by three, four months.
5. The position of European Union is about to separate the types of employment contracts, but the single Labour Code of Lithuania makes a exhaustive distinction between different types of employment contracts in all Baltic states. According to the time period, employment contracts are non-term and fixed-term, according to the specifics of work: seasonal, for a particular work etc.
6. The grounds for the expiry of employment contracts in the legal acts of the Baltic States can be grouped on the basis of will which makes those relations end:
a. the expiry of employment contract depending on the will of the parties (upon the request of the employee, on the initiative of an employer, by agreement between the parties, upon expiry of the period etc.);
b. the expiry of employment contract independently from the will of the parties (upon demand of the third party, in cases of death of the employee or employer etc.).
7. The grounds for the termination of employment contract on the initiative of an employer are more precise in Estonia and Latvia than those of Lithuanian Code, which does not directly and expressively name the important reasons.
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Please see Copyright and Licence Agreement for further details.
