Kai kurie Konstitucijos ir Darbo kodekso sąveikos aspektai.
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.
- Straipsniai / Articles