THE SIGNIFICANCE OF PRINCIPLES FOR THE GENERAL OBLIGATIONS OF EMPLOYMENT CONTRACT PARTIES IN RECENT COURT PRACTICE
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https://orcid.org/0000-0001-7992-991X
Marius Kaleckas
https://orcid.org/0009-0001-7882-9869
Abstract
The foundation of labor law lies in legal principles that reflect the values of society and shape the direction of legal regulation. These principles are essential not only for interpreting and applying legal norms but also for filling legislative gaps and ensuring consistency within the legal system. They help to uncover the true meaning of legal provisions, influence the development of law, and aid in understanding the essence of specific legal norms. The provisions of the Labor Code incorporate principles that apply to all areas regulated by labor law, including direct employment relationships as well as closely related areas such as pre-contractual relations, the resolution of labor disputes, and more. In labor law, principles such as the equality of parties and the protection of employee rights are not merely theoretical - they carry real legal weight and directly impact both court decisions and daily employment practices.
This scientific article aim is to review the latest Lithuanian case law, in which the courts examining the cases took into account general obligations of the parties to the employment contract, the determining principles and based their decisions on them. In order to achieve these goals, the first part of this article examines the role and legal significance of the fundamental principles and their functions in employment legal relations. The second part of the scientific article analyzes the interpretations provided by the Supreme Court of Lithuania regarding the general obligations of the parties to an employment contract - particularly the principles of cooperation, timely information, non-discrimination, and respect for the employee’s family obligations - as well as the employer’s duty to train the employee, as established in the current Labor Code. The analysis focuses on how these principles are applied in practice, how their violations are assessed in labor disputes, and what legal consequences arise when these obligations are not fulfilled.
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