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Labour Law Reforms in Eastern and Western Europe

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Edited By Tomas Davulis

Recent years in Europe have been marked by efforts to introduce changes in labour law in order to boost employment, reduce labour costs and increase flexibility of national labour markets. The increased international competition has led to major labour law reforms in some European countries but the majority of national developments still indicate a rather limited reformist approach. Evolutionary rather than revolutionary efforts were initiated to balance the wage-setting mechanisms and to soften the dismissal law protection to create room for flexibility, to increase employment by promoting atypical forms of employment, to accommodate legal regulations to technological advances and the new types of economy. Accompanying social security measures intended to improve the efficiency of active labour market policies.

The current selection of academic contributions intends to provide an overview of recent developments in the legal regulation of labour markets in Eastern and Western European countries. The authors’ contributions could not cover all the aspects of the current state of recent reformist efforts on the labour markets. However, by picturing separate developments in different European countries, it intends to assist in identifying regional similarities. Furthermore, it provides opportunities for exchange of ideas, experiences and practices for shaping labour law both at European and national level.

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The Freedom of Contract in Lithuanian Labour Law (Tomas Bagdanskis)

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The Freedom of Contract in Lithuanian Labour Law

Tomas BAGDANSKIS*

Abstract

The problems of the freedom of contract in Lithuanian labour law are analysed in this paper. Employment law is always very close to contract law and the challenge is to decide to what extent the parties are free to decide regarding their rights and obligations. In order to achieve balance in regulation, the Labour Code must be adapted to the current market situation from time to time. However, this is not the case in Lithuania. Therefore, rulings of the Supreme Court of the Republic of Lithuania and principles of labour law become very important sources of labour law when evaluating employer and employee behaviour and freedom of contract: are there limits to the will and consent of the parties?

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