Problems of flexible work forms in Lithuania

LTReikšminiai žodžiai: Darbo laikas; Darbo santykiai; Darbo sutarčių rūšys; Darbo teisė; Lankstus užimtumas; Lanksčios užimtumo formos; Flexible work forms; Flexicurity; Labour law; Labour relations; Types of contracts of employment; Working time.

ENThe problems of introduction of flexible work forms into Lithuanian labour law are analysed in the paper. Firstly, the research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Secondly, the article also discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Lithuanian Labour Code standards. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation that would create pre-conditions for addressing social interest conflicts. Thus a need has arisen for a new legal regulation because new activity models do not fit into traditional relationships governed by labour law. Along standard employment relationship, non-standard relationships occur in the market. In 2003 the Ministry of Social Security and Labour of the Republic of Lithuania issued recommendations for employers on flexible work organisation forms and indicated reasons for the organisation of flexible work forms: the nature of work and employee’s demographic and social characteristics; fulfilment of family duties; health condition; unfavourable work environment; employee’s age; studying and studies. [From the publication]