Problems in Legal Regulation of Work Regulations
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Abstract
Labour Code of the Republic of Lithuania provides that the procedure of work at the work place shall be defined by work regulations, which contain the duties of the employees. Duties of the employees in certain professions and of certain categories, apart from disciplinary statutes and regulations, may be also defined in job descriptions and regulations. Employees must work diligently and honestly, comply with labour discipline, fulfill the lawful orders of the employer and the administration in due time and accurately. Disciplinary measures may be applied to the employees who are in breach of labour discipline.
This article deals with the work regulations and the legal consequences of the breach of these regulations.
There are no profound analysis on this topic since Lithuania re–established its independence. The work regulations in most organizations did not exist at all, and if exist – they lack many important provisions of present time. They often contain doubtful provisions, rules inconsistent with laws, restrictive and adverse rules imposed for employees as the weaker party of the labour agreement.
There are various legal consequences of the breach of work regulations – not only application of the disciplinary sanctions provided in article 237 of Labour Code, where the most ultimate is dismissal from work, but also the material, administrational and even the penal responsibility. In some companies the disciplinary sanctions are exclusion from bonus payment or some privileges.
The problems relative to the breach of work regulations such as its qualification and determination of adequate sanctions are also discussed in this article. Moreover, the reasons why the Labour Code’s requirement to establish the work regulations in the companies is ignored are discussed. Also the problematic of the content of the work regulations is researched, because even in those cases when the companies has the regulations their content is doubtfully compatible with the laws and the principles of labour law.
This article deals with the work regulations and the legal consequences of the breach of these regulations.
There are no profound analysis on this topic since Lithuania re–established its independence. The work regulations in most organizations did not exist at all, and if exist – they lack many important provisions of present time. They often contain doubtful provisions, rules inconsistent with laws, restrictive and adverse rules imposed for employees as the weaker party of the labour agreement.
There are various legal consequences of the breach of work regulations – not only application of the disciplinary sanctions provided in article 237 of Labour Code, where the most ultimate is dismissal from work, but also the material, administrational and even the penal responsibility. In some companies the disciplinary sanctions are exclusion from bonus payment or some privileges.
The problems relative to the breach of work regulations such as its qualification and determination of adequate sanctions are also discussed in this article. Moreover, the reasons why the Labour Code’s requirement to establish the work regulations in the companies is ignored are discussed. Also the problematic of the content of the work regulations is researched, because even in those cases when the companies has the regulations their content is doubtfully compatible with the laws and the principles of labour law.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
