Korupcija darbo santykiuose

LTKorupcija darbo santykiuose yra gana plačiai paplitęs fenomenas, iki šiol praktiškai nepapuolęs į teisės mokslo tyrimų lauką. Todėl šis straipsnis yra skirtas korupcijos darbo santykiuose tyrimui ir orientuotas i korupcines situacijas, vykstancias įmonės viduje, tarp darbuotojo ir darbdavio. Straipsnyje nagrinėjamos korupcijos darbo santykiuose prielaidos ir samprata, korupcinės veikos elementai ir jų ypatumai darbo santykiuose, taip pat korupcijos rizikos požiūriu vertinami atskiri darbo teisės institutai. [Iš leidinio]

ENDespite the fact that the concept of corruption is not used in labor law, conducted researches have shown that corruption in employment is a widespread phenomenon. Therefore, this article is dedicated to the investigation of corruption in labor relations and focuses on situations occurring within the company, in the relationship between employee and employer. The article analyzes the preconditions and conception of corruption in labor relations, the elements of corruption and their peculiarities in labor relations. In the end, different institutes of labor law are evaluated from the perspective of corruption risk. Concerning the preconditions of corruption in labor relations, the nature of the modern company, based on the delegation of management function to the directors of the company must be mentioned. In addition, other preconditions of corruption in labor relations are tied with the power of discretion of the employee, which may be abused. It would be wrong to suggest that acts of corruption are only related to the top executives of the company. Each employee may, under certain conditions, acquire decision-making power and may, accordingly, start abusing it. The concept of corruption is not used in the Labor Code. Nonetheless, it is clear that acts of corruption are widespread in the labor relations. Taking into account the deƒnitions of corruption in the private sector, which was proposed in previous studies, corruption in labor relations can be considered as any behavior of a person working under employment contract, that does not meet the requirements arising from their legal duties or standards of conduct (or the promotion of such behavior) seeking the beneƒt for themselves or others and undermining the interests of a company.Thus, in order to ascertain the act of corruption, three elements must be identiƒed: fiƒrst, the employee’s behavior does not meet the duties and obligations established by the employment contract or labor laws; second, the fact, that the employee is seeking beneƒts for himself or for others; third, actual or potential damage to the company. The conclusion is made that the ƒrst two elements of corruption in labor relations are essential. Meanwhile, the element of the real damage is excessive, as the threat of damage is sufficient to identify corruption. The evaluation of the risk of corruption in the different labor law institutes brings to the conclusion, that the regulation of labor relations by local (internal) regulatory acts increases the possibility of corruption. The risks of corruption are particularly high during the conclusion of an employment contract and setting a remuneration for work which are less regulated by mandatory legal norms. It can be concluded that, on the one hand, there are mechanisms in the legal relations, which allow to prevent or mitigate manifestations of corruption. Furthermore, the norms of the new Labor Code gave more transparency to legal employment relationships. However, taking into account the speciƒcity of private relations, the most of the responsibility regarding the anti-corruption regulation of labor relations should be taken by companies themselves. [From the publication]