Bendrieji civilinių sutarčių keitimo principai ir jų taikymas darbo teisėje. Darbo sutarčių keitimo ypatumai ; General principles of changing civil contracts and their application in labour law. peculiarities of changing employment contracts

Abstract

SUMMARY Labour contract play with civili contracts is pended to exhibit their analogies, differencies and general run of principles for contracts. Labour contract is important nor just in economical but either ir social way. It helps to lessen strain between social groups to match up different interest of various persons. All contracts either civil, neither labour have typical elements for contracts. Making either labour, neither civili contracts it is held that sides of contract are equal and free to decide with whom to it with. The main feature of either civil neither labour contract side's free will match. Resolving of any covenant sides are equal and free, only from them depends of what, how it will be agreed. Free will principle in labour law can be invoked as far as it doesn't disorder labour code, imperative norms improved in other labour laws and doesn't exacerbate the go to the employees. Before making contracts between the sides it originates particular precontractual relationships which reason is bargain - attemt to setle about conditions of the future contract. Exactly in the time of these relationships it manifests odds of side's possibilities, which is named like negotiation power odd. Such negotionation odd conditions that one contract side it is superior in economical power against other side and can dictate conditions of contract. In many occasions it is not negotitiating of conditions, because one side is less powerfull in it's experience, negotiation skills, quantity of information, doesn't interest purport of contract and unhesitatngly accepts offered conditions. So tying to drop these odds in the acts reglamenting civil contracts it is brought the weak side institute. Making labour contracts this odd is more felt. It is noted that the level of such odd depends very much of countries economical, social and political realias. In conditions of market ecnomics it is set a substatial attitude for contracts freedom: the sides must be free to settle of various conditions which are acceptible for both sides, the law must confine just in common terms describtion. On purpose to separate labour contract form civil contracts it must be set in what ammount service conveyour's made job is a part common practice of company or company sets work time and other labour conditions, in what ammount company - service accepter pursues a control of the work made by employee service conveyour, also labour discipline or company gives to service conveyour equipment, stuff, essential for right job to make and what ammount. It is nessecary to set: if the works were made regulary, or the company pays periodically liable fee to service conveyour or it is definabled by in early agreed tests; or service conveyour employee can get benefit or he risks to get damage related with his job, or service conveyour person works for one company - service accepter; or company extends career education for employee. Inspecting labour and civil contracts play we can make a conclusion that ecxept many similitudes, there exist many differences also.