Dispozityvios garantijos darbuotojams darbdaviui tapus nemokiam.
Mačernytė Panomariovienė, Ingrida
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Co-ordination of the imperative and the facultative methods is characteristic for legal regulation of labour relations. Since the legal labour relations are becoming more liberal, the prevalent principle, is considered the principle ‘in favorem’ which means that the working conditions guaranteed by law are minimal and collective or individual subjects can agree on conditions which are more favourable to employees. In other words, the facultative (decentralised) method is gradually replacing the imperative (centralised) method of legal regulation of labour relations. This principle is accomplished when the economic situation of the enterprise is stable. However, insolvency of the employer causes a problem, as the employees of bankrupt enterprises are deprived of the rights guaranteed by the collective agreement of the enterprises. The legal regulation of labour relations should ensure that in the case of insolvency of employer, the business and working places as well as guarantees to employees should be retained. Analysis of the application of imperative and facultative methods of legal regulations and their relation in labour law has been conducted in the course of research with the aim to study the peculiarities of determination and application of facultative guarantees to employees in the case of insolvency of the enterprise. The author analysed the following tasks in order to achieve this aim: 1) determination of facultative guarantees to employees; 2) the validity of the collective agreement in the case of insolvency of the employer; 3) the assurance of guarantees offered to employees in collective agreements in the case of insolvency of the employer.
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