Kolektyvinių sutarčių normatyvinės sąlygos, susijusios su darbuotojų teisine padėtimi: in favorem v in peius

LTReikšminiai žodžiai: Darbdavys; Darbuotojas; In favorem principas; In peius principas; Kolektyvinė sutartis; Kolektyvinės sutartys; Teisinė padėtis; Collective agreement; Collective agreements; Employer; In favorem principle; In peius principle; Legal position; Worker.

ENIbis article deals with the establishment and coordination of the in favorem principle (which means that normative part of a collective agreement may be composed only of the conditions increasing the guarantees of the labour rights of the employees), also the in peius principle (which means that it is possible to reach an agreement on conditions, which somewhat worsen the legal situation of the employees) in the Lithuanian labour law from the point of view of the relation between collective agreements and normative legal acts. Upon assessment of the factors determining the low level of social partnership in Lithuania (economic factors, descending efficiency of normative legal acts, insufficient representation of the employees, insufficient "competence" of representatives of employees, passivity of the employees, lack of the culture of social dialogue) the presumption that the efficient adjustment of the principles mentioned above is an effective way to promote the regulation of labour relations by means of collective agreements is made.The position expressed is that the principle in favorem is the basic principle of the labour law as much as it is related to the protection of fundamental rights of the employees. Thereby it is indicated that the possibility to negotiate on conditions relevant to the legal situation of the employees in peius in collective agreements is established directly by means of laws; as well as such possibility occurs while implementing the blanket norms of normative legal acts that direct the provision of collective agreements, which supplement state regulation. The regulation mentioned above ensures the protection of rights of the employees while increasing the flexibility of labour law even when the employees are not represented by trade unions or work councils; also the opportunity of the effective administration of the corporate risks of the employees by means of collective agreements is given for those social partners who are active and social responsible. It is emphasized that the possibility of regulation of labour relations by means of collective agreements in cases, when such relations are not regulated by means of normative legal acts, exists in Lithuania, even if such regulation by means of collective agreements leads to the worsening of the situation of employees. [From the publication]

• Darbo teisės problemų evoliucija Lietuvoje po 1990 m / Justinas Usonis. Jurisprudencija. 2012, Nr. 19 (3), p. 1131-1148.
• Kai kurie kolektyvinio sutartinio darbo santykių teisinio reguliavimo skatinimo probleminiai aspektai / Rytis Krasauskas. Jurisprudencija. 2011, Nr. 18 (2), p. 613-630.