Įstatymo ir teisės analogija darbo teisėje ; Analogy in lithuanian labour law

Abstract

The object of the master work is the analogy in Lithuanian labour law. The theme is always topical because of the dynamic in labour relationship which is much faster than the legislative procedure. Furthermore, the liberalization of labour law is the reason why the analogy will be applied more frequently in the near future. Considering the lack of doctrine and practical material the law applying subjects may face related problems. The master work embraces some practical suggestions, analysis of court decisions and mistakes that were made by courts or is on the risk to be made. The first part is about the general questions of analogy in labour law. The second part embraces the analogy in labour law and its rules of application. In the third part the particular examples of the lack of regulation and way how to solve it is explained. There are several particular questions which are analyzed in the work: the importance of analogy in labour law regulation and application; topical problems of analogy in labour law application; the relationship between analogy in labour law and application of Lithuanian Labour Code; Lithuanian Supreme Court practice on competition restricting agreements between employer and employee; collective agreements as a cause for the lack of labour regulation; the lack of regulation on relationship between the employer and employee when using the internet and e-mail at the work place; the lack of labour procedure rules at the work place as one of the examples when analogy in labour law should be applied.