Darbuotojų socialinės saugos ir sveikatos įstatymo teisinės problemos
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The Constitution of Republic of Lithuania guarantees the proper and safe conditions of work. To make the declarative regulations active the valid Law of security and health of employees provides the means and ways to ensure one of the most important institutes of labour law. The generous task is now supported by the new Code of Labour released 01.01.2003. Coming into force this codified act of law tries to review ant to consolidate a brandnew vision of the security of work now both an employer and employees bear responsibility for the safe and proper condition of work. The Code not only lays legal resposibility, but also transfer a part of duties on the shoulders of employees, so expecting their increased interest in self-security. Besides, to accomplish the goal the acts of law in force provide the means as: institutions of services and commitees of security and health of the employees, election of the representatives of co-workers as the mediators between the employers and the employees to promote the actual problems and to stimulate self-security interest. The acts of law, regulating the security and health of labourers in Lithuania, should be coordinated with the conventions of ISO and the documents of EU in the spheres where the significant differences are left: the term of work and the overtime in particular, the limit of age of young workers, night time work of women and youths. The public State inspection of labour, in controle of implementations of the acts of law regulating the security and health of workers, meets the problems of legal regulations, caused by incompatibility of legal acts and the accomplished reform of the law of labour. The fulfilment of laws would decrease the large numbers of accidents at work and the employers brought to administrative amenability. Social isurance for work accidents and professional illnesses is a new sphere for juridical regulations, and therefore legislators currently have hard time avoiding weaknesses in legislature that is being issued. In this thesis, principles of acknowledging work accidents and professional illnesses as such, also principles of calculating compensation and determining a legal right for one have been analyzed. This thesis also encompasses practices of social insuranse for work accidents abroad. Thesis also reveals work accidents and professional illnesses practices from legal perspective, using examples from real life based on law history, especially stressing on difficulties of implementing related laws as well as various possibilities of resolving resulting problems.
- Straipsniai / Articles