Dispozityvumo įgyvendinimas Lietuvos darbo teisėje

Abstract

The freedom to agree on employment conditions in employment contract in Lithuania is discussed in this article. The practice of employment relationship used to be quite conservative in Lithuania but since joining the European Union the employment practice from the Western countries started to spread rapidly. The questions of legitimacy of the new practices such as agency work, noncompete clause or zero hour work arises and are analysed in courts. Authors examine the limits of freedom of contract in employment relationship given in the Labour Code of Republic of Lithuania. The Constitution of Republic of Lithuania provides that each human being may freely choose a job or business, and shall have the right to have proper, safe and healthy conditions at work, to receive fair pay for work and social security in the event of unemployment. These guarantees roll back the frontiers for freedom of contract in employment relationship. In the cases where the Labour Code and other laws do not directly prohibit parties of legal employment relationships from establishing, of their own accord and by agreement, mutual rights and obligations, the parties must observe the principles of equity, reasonableness and fairness.