Suchergebnisse

The article presents the interface between the Constitution of the Republic of Lithuania, the practice of the Constitutional Court and the legal regulation enacted in the Labour Code of the Republic of Lithuania. Three groups of the constitutional imperatives and their content, which influence regulation, related on labour rights and duties, are singled out. The influence of these imperatives on the Labour Code is assessed. Analyzing an application of some norms of the Labour Code, the courts practice, some providence, related with the process of the constitutionalisation of labour law are provided. It is concluded, that because of the principle of the supremacy of constitution, which is established in Lithuanian law system, the regulation enacted in the Constitution has to be evaluated in the process of applying valid rules of the Labour Code, creating new ones, fulfilling lacunas of the legal regulation of labour relations. Labour rights and duties are influenced by provisions, related with labour rights and duties, expressis verbis enacted in the text of the Constitution (so called constitutional provisions, directly related with the labour law), as well as provisions, indirectly related with labour rights and duties, but expressis verbis enacted in the text of the Constitution (so called constitutional provisions, indirectly related with the labour law), as well as implicitly enacted constitutional imperatives. In the official constitutional doctrine such main constitutional imperatives as related with such constitutional rights as to choose a job or business freely, to have proper, safe and healthy conditions at work, to receive fair pay for work and social security in the event of unemployment, to rest and leisure as well as to an annual paid leave, and constitutional imperatives, related with the constitutional status of trade imperatives and the constitutionalisation of the labour law in Lithuania is insufficient, and the Constitutional Court only fragmentally disclosed constitutional imperatives, which influence the regulation of labour rights and duties in ordinary laws and first of all in the Labour Code. The conflicts between the regulation enacted in the Labour Code and the constitutional values are identified while applying provisions of the Labour code in practice. Some examples, which are provided in the article shows, that courts should make more efforts using their right to apply to the Constitutional Court requesting whether the law or other legal act in question is in compliance with the Constitution. On the other hand the legislator, the parliament of the Republic of (Seimas) should make more efforts reacting to the jurisprudence labour law, which signals the need of statutory regulation of labor relations.

The article presents the interface between the Constitution of the Republic of Lithuania, the practice of the Constitutional Court and the legal regulation enacted in the Labour Code of the Republic of Lithuania. Three groups of the constitutional imperatives and their content, which influence regulation, related on labour rights and duties, are singled out. The influence of these imperatives on the Labour Code is assessed. Analyzing an application of some norms of the Labour Code, the courts practice, some providence, related with the process of the constitutionalisation of labour law are provided. It is concluded, that because of the principle of the supremacy of constitution, which is established in Lithuanian law system, the regulation enacted in the Constitution has to be evaluated in the process of applying valid rules of the Labour Code, creating new ones, fulfilling lacunas of the legal regulation of labour relations. Labour rights and duties are influenced by provisions, related with labour rights and duties, expressis verbis enacted in the text of the Constitution (so called constitutional provisions, directly related with the labour law), as well as provisions, indirectly related with labour rights and duties, but expressis verbis enacted in the text of the Constitution (so called constitutional provisions, indirectly related with the labour law), as well as implicitly enacted constitutional imperatives. In the official constitutional doctrine such main constitutional imperatives as related with such constitutional rights as to choose a job or business freely, to have proper, safe and healthy conditions at work, to receive fair pay for work and social security in the event of unemployment, to rest and leisure as well as to an annual paid leave, and constitutional imperatives, related with the constitutional status of trade imperatives and the constitutionalisation of the labour law in Lithuania is insufficient, and the Constitutional Court only fragmentally disclosed constitutional imperatives, which influence the regulation of labour rights and duties in ordinary laws and first of all in the Labour Code. The conflicts between the regulation enacted in the Labour Code and the constitutional values are identified while applying provisions of the Labour code in practice. Some examples, which are provided in the article shows, that courts should make more efforts using their right to apply to the Constitutional Court requesting whether the law or other legal act in question is in compliance with the Constitution. On the other hand the legislator, the parliament of the Republic of (Seimas) should make more efforts reacting to the jurisprudence labour law, which signals the need of statutory regulation of labor relations.

ABSTRACT
This article assesses the significance of social partnership in the regulation of employment relations. It is pointed out that the legal regulation of employment relations in Lithuania lacks stability, and the hypothesis is raised that this situation has been partly determined by the vanishing, negligible role of social partnership. The presumption is put forward that the regulation of employment relations can result in an effective and sustainable balance between the interests of employees and employers only if the possibilities of social partnership are used to their full extent and an optimal balance is achieved between contractual law-making and state law-making. The Lithuanian social partnership model is defined as gravitating from quasipartnership towards real social partnership; therefore, ways are still being sought as to how to strengthen the impact of social partnership on the regulation of employment relations by means of legislation and the use of soft law. To reveal the impact of social partnership on the regulation of employment relations in Lithuania, the article identifies and assesses the key indicators revealing the influence of social partnership on the regulation of employment relations and examines the positive legal regulation related to social partnership.

Abstract
Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU.

Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU.

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]