Labor Law

Labor legal relationships – specific social relationships for which subordination is typical. Subjects of such relationships are employer and employee, as well as organizations representing employees and employers. Full legal capacity occurs when a person is sixteen years old. Exceptions are set by Labor code and other related laws. Employer’s legal capacity arises from the moment of their creation. Employers gain labor rights and take the job responsibilities, as well as implement them through their bodies and administration. These organs are formed and operate in accordance with the laws and employers’ business records. Individual (personal) business owners, farmers and employers who are natural persons implement employment rights and responsibilities by themselves. Workplace: The Lithuanian Supreme Court case no. 3K-3-274/2008 defined workplaces and jobs, which are used in the Labor Code, the difference. Often understood as a workplace by the employer (eg a company), and the workplace more narrowly as a specific job function or location. To specify the workplace is essential, but the job is only discussed by mutual agreement if needed.

Job function: usually not written in the employment contract, just the position of the employment by the contract. Job functions maybe written as a separate document.

The employment contract ends:

1. The termination of the Labor Code and other laws;
2. elimination of the employer without legal successor;
3. the employee’s death;
4. when the employer (if the employer is a natural person) or the employer’s representatives location can’t be identified.

Individual labor dispute – a disagreement between the employee and employer on labor laws and other regulatory legal acts, employment or collective agreement set out the rights and responsibilities of implementation. These disputes are heard by the Commission of  the Labor and in the court. All disputes, except as specifically provided for in the Labor Code or other applicable law, pre-trial procedure is held by the Labor Commission.

Without going to the Commission of the Labor, the courts directly examines disputes:

• In the cases arising from the employment contract Labor Code, Article 297, paragraphs 1 and 3;
• The change of formulation of dismissal
• between trade unions and other workers’ representatives and employers on the law or the contract set out the duties and obligations of non-compliance;
• by the lawsuits of labor unions;
• when the employment relationship between employer and employee is not active;
• in other cases provided by law.

Also, courts consider the following individual labor disputes:

• decisions of commission of labor disputes appealed by the right order;
• labor disputes, when parties didn’t agree in commission of labor disputes;
• labor disputes, when commission of labor disputes wasn’t formatted or dispute wasn’t solved.

Summary

Reviewer

Teisės Garantas

Review Date

2016-07-28

Reviewed Item

Labor Law

Author Rating

5

Žymos: Labor Law, Labor legal relationships