Konstitucinės teisės į darbą garantijos ir Lietuvos Respublikos naujasis darbo kodeksas

Abstract

The article analyses the principle of legitimate and contractual employment and identification of working conditions that has been established in the Labour Code. It points out that collective agreement supplements the state regulation, it specifies legislation, implements imperative law orders to include one or another condition in a collective agreement, increases employees’ guarantees to labour rights, by establishing additional guarantees to perquisites and privileges, if compared to those established by the law.
A conclusion is made that the established model of social partnership in the provisions of Labour Code fairly reflects the principle of law and collective agreement application in order to realize better the guarantees of constitutional right to work.
It is indicated that while realizing the constitutional right to the freedom of choice of employment, the scope of labour contracts is increased, the possibility to terminate the labour contract is liberalized, and the issue of collective and labour agreements’ approximation is solved, supposing, that in the labour contract it is not possible to agree on worse conditions, than those indicated in the collective agreement.