Terminuotos darbo sutartys Lietuvos ir užsienio valstybių teisėje ; Fixed-term employment contracts in lithuanian and foreign countries' law

Abstract

In these Master theses are analyzed the characteristics of fixed-term employment contracts in Lithuania, Latvia, Estonia and Russia. To prevent abuse arising from fixed-term employment contracts the countries define imperative requirements in their labour laws. The object of these theses is to compare the provisions of labour laws, related to the regulation of the fixed-term employments contracts, to present the generalization thereof, to discuss the problems of provisions' realization in practice and to make suggestions to the legislator. In the first part of the theses the importance of employment contract's institute is pointed, the countries' main labour laws are reviewed and the conception of employment contract and its types are discussed. The second part is about the conclusion of fixed-term employment contracts: the content of fixed-term employment contracts (obligatory and additional conditions) is discussed, the general rules of term determination are defined, the preconditions and restrictions of fixed-term employment contracts are analyzed. In the third part of theses the rules of law, related to the implementation and amendment of fixed-term employment contracts, are analyzed – it is pointed that the amendments are made according to the reason and duration of amendment and the type of employment conditions to be amended. The principles of non-discrimination of fixed-term workers and information about vacancies are also discussed. The last, fourth, part is about the termination of fixed-term employment contracts. The following grounds for termination are analyzed: upon expiry of the term, due to agreement between the parties, on initiative of employee and employer. After analysis of labour laws, examples of the court practice and other sources related to the fixed-term employment contracts, the conclusions of the Master theses are made in which suggestions to the legislator are also presented.