Darbdavys kaip darbo teisės subjektas Lietuvos Respublikoje bei užsienio valstybėse.
In the presently valid Work contract law and Employees security and welfare law the presented concept of employer must be corrected for the reason that it states the wrong regulation, speaking from law theory point of view, which states that an employee is a person (owners of companies, organizations, etc.) < ...> who is allowed/has the right to make, update, cancel contracts with the employees <...> also householders, who have concluded a contract with at least one person), who just represents the employer in legal relations and executes his work–related legal subjectivity. There is an increasing number of suggestions to legally establish the concept of an employer when the person is employed at a household (household or householder himself is a private person), as a “helper” in consumer household (family or one family member) and to regulate the legal status of the employer in detail. Beside the above mentioned questions, when codifying the Work law in the Republic of Lithuania there is a need to specify more exactly the concept of an employer and to distinguish it from the persons who act as employer’s representatives. Lithuania, taking part in negotiations to become a member of European Union, should evaluate the regulations and employer’s concept, which are approved in the EU members’ work law. For example, how should be regulated the issues related with the employer’s concept in the new work law which could be taken from the Polish Republic, which is also a candidate for EU, Work law code's norm? In the Work law’s code project passages 14 and 24 where it is spoken about the employer’s legal capacity and representative ness, there is made an attempt to solve many problems which exist in the Lithuanian work law and which are discussed in the work. Therefore, the best way to solve the problem of the employer's concept is to regulate it in the new Work law code, which should include other legal acts and form a unified and logical system of law the Republic of Lithuania.
- Straipsniai / Articles