9 found
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  1.  14
    Problems of Application of Employee's Duty not to Compete.Tomas Bagdanskis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1175-1194.
    As there is a gap of legal regulation of covenants not to compete in Lithuania, the legal doctrine and the case-law are analyzed in this article. It is recognized in judicial practice that labour laws are not applicable for the regulation of the covenants not to compete. So, the parties, an employer and employee, are free to make agreement on non-competition. There are some suggested principles how to make parties’ agreement on non-competition. Firstly, there should be disputed an adequate compensation (...)
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  2.  13
    Workplace Privacy: Different Views and Arising Issues.Tomas Bagdanskis & Paulius Sartatavičius - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):697-713.
    This article discusses the problematic aspects relating to the employee privacy in his workplace and its limits reacting to employer‘s interests. It contains analysis of National, European and transatlantic legislation of privacy in the workplace and concentrates on the electronic privacy (e-mails, communications, etc.). The article is based on legal acts and judgements of the Supreme court of Lithuania, European Court of Human Rights and other countries courts judgements in order to provide the legislative execution practice as well as reveal (...)
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  3.  12
    Termination of an Employment Contract Upon Unilateral Notice of an Employee in Lithuania.Tomas Bagdanskis & Justinas Usonis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):211-226.
    The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the Supreme Court of the Republic of (...)
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  4.  9
    Problems of Qualifying an Employment Relationship and Undeclared Work in Lithuania.Tomas Bagdanskis & Justinas Usonis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):1101-1122.
    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. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal and undeclared work (...)
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  5.  7
    Problems of Introduction of Flexibility Into Lithuanian Labour Law.Tomas Bagdanskis & Justinas Usonis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (2):595-612.
    The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment relationship are discussed with (...)
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  6.  8
    Application of Different Types of Employment Contracts in Lithuania – Related Heoretical and Practical Problems.Tomas Bagdanskis & Rasa Macijauskienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):249-267.
    The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. 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 (...)
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  7.  6
    Implementation of EC Directive on Temporary Agency Work Into Lithuania Legislation.Tomas Bagdanskis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):1035-1053.
    On 19 May 2011, the Lithuanian Parliament adopted the Law on Temporary Agency Employment to implement the EU Directive on temporary agency work. Up to now there has been no special regulations for the so called “personnel lease”, although Lithuanian companies have been using such service since 2003. The law basically followed the recommendations of the Directive without setting additional restrictions. Temporary agency workers will be subject to the same conditions as permanent workers of employment agency clients are regarding working (...)
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  8.  6
    Disciplinary Liability as a Background for Dismissal of Employees in Lithuania.Tomas Bagdanskis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1485-1500.
    This article discusses the problematic aspects relating to the employee dismissal based on application of the disciplinary liability. It contains analysis of two grounds for termination of the employment contract without any previous notice: 1) imposing several disciplinary sanctions upon the employee in the course of twelve months, and 2) the employee has only one breach of labour discipline but a gross one. The article is based on legal acts and judgements of Judicial Assemblies of the Civil Division of the (...)
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  9.  6
    Peculiarities of the Settlement of Collective Labour Disputes in Lithuania.Tomas Bagdanskis - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1585-1601.
    Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the conception of collective labour disputes, the procedure (...)
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