Some Problems of the Article‘s 99, Part 1 of the Labour Code ofthe Republic of Lithuanian Application
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Abstract
The Article 99 of the Labour Code of the Republic of Lithuanian (hereinafter – LC) regulates the concluding of employment contracts. The 1st part of said article is of principal importance, as it provides for that the employment contract is considered to be concluded, when parties agree on conditions of the employment contract (Article 95, LC). It should be noted that Article 95 of LC, which is referred to in the Article 99, part 1 of LC covers all conditions of the employment contract: obligatory conditions, work remuneration, etc.
Therefore the mutual agreement of both parties on conditions of the employment contract, provided for in Article 95, LC is needed in order the employment contract becomes valid and is complied with. Does that imply that in every case in order to have the employment contract concluded parties have to discuss all conditions provided for in Article 95, LC? And if not, thus these conditions are not provided for and the employment contract is deemed to be not concluded?
In fact these conditions are very varying, it is not possible to provide an exhaustive list of them, and there is no need to discuss provision, which do not apply for this particular case. On the other hand, is it always necessary to agree on the conditions which in accordance with Article 95, LC are not only classified as obligatory, but are also specified in particular, e.g., regarding structural divisions? So what conditions are taken in consideration in Article 95, LC that has to be agreed upon in order to have the employment contract concluded? Are there any limitations for such agreement, if yes, what are they? What could be the consequences taking into consideration, e.g., the moment when the disagreements appear? This subject is analysed on the basis of the example of one of the conditions indicated in the 1st part, Article 95, LC: workstation of an employee, and more precisely – structural division of an enterprise.
Therefore the mutual agreement of both parties on conditions of the employment contract, provided for in Article 95, LC is needed in order the employment contract becomes valid and is complied with. Does that imply that in every case in order to have the employment contract concluded parties have to discuss all conditions provided for in Article 95, LC? And if not, thus these conditions are not provided for and the employment contract is deemed to be not concluded?
In fact these conditions are very varying, it is not possible to provide an exhaustive list of them, and there is no need to discuss provision, which do not apply for this particular case. On the other hand, is it always necessary to agree on the conditions which in accordance with Article 95, LC are not only classified as obligatory, but are also specified in particular, e.g., regarding structural divisions? So what conditions are taken in consideration in Article 95, LC that has to be agreed upon in order to have the employment contract concluded? Are there any limitations for such agreement, if yes, what are they? What could be the consequences taking into consideration, e.g., the moment when the disagreements appear? This subject is analysed on the basis of the example of one of the conditions indicated in the 1st part, Article 95, LC: workstation of an employee, and more precisely – structural division of an enterprise.
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Articles
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