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FLEXIBLE LABOUR ARRANGEMENTS AS THE LEGAL FRAMEWORK<br />

FOR INNOVATIONS IN HUMAN RESOURCE MANAGEMENT:<br />

MODERNIZATION OF LITHUANIAN LABOUR LAW<br />

IN THE EUROPEAN CONTEXT.<br />

Vygintas ŠLIAUTERIS<br />

Vilniaus Kolegija / University of Applied Sciences,<br />

Faculty of Business Management, Vilnius, Lithuania.<br />

Abstract<br />

Draft of the new Labour Code marks a shift from aim to ensure job security, towards more flexible work<br />

arrangement in Lithuanian labour law. This change of legal framework potentially will open ways to new<br />

practices to human resource management in private sector. European Commission, with the good reason,<br />

closely links flexicurity policy to spread of innovative workplaces. “Role model” countries for this policy,<br />

Denmark and the Netherlands, are counted among the most innovative. However both concepts, work<br />

flexibility and innovation, are complex and multidirectional. Studies of Western European labor practices show<br />

negative relation between contractual flexibility, one of the main features of Lithuanian labour reform, and<br />

“employee driven” innovations. Contractual flexibility allows more efficient and innovative use of staff, are<br />

well regarded in business community (including low technology and small enterprises, incapable to R&D<br />

innovations) and have positive effect on solving unemployment problem. At the same time a wide usage of<br />

“managerial” innovations is pushing the labor market into the creation of low-pay “precarious” workplaces<br />

and the creation or group of “permanently-temporary employed” workers.<br />

Keywords: modernization of law, work flexibility, flexicurity, innovations, human resource management.<br />

Introduction<br />

According to Organization for Economic Co-operation and Development (OECD), human<br />

capital is at the heart of the innovation if there is appropriate organization environment and<br />

practices that are conductive to innovations (Ischinger, Wyckoff, 2010). Draft of the new<br />

Labour Code (hereinafter referred to as ‘DNLC’), in spring of 2015 submitted to Lithuanian<br />

Parliament, was prepared on the principals of flexicurity and after adoption will bring<br />

number of novelties in comparison to the current Labour Code of the Republic of Lithuania<br />

(hereinafter referred to as ‘CLC’). European Commission links spread of innovations to<br />

flexibility in work arrangements (European Commission, 2007; European Commission, 2010)<br />

“Lithuanian innovation strategy for 2010-2020 years”, the main innovation strategic<br />

planning document, barely mention labour relations. "Report on created legaladministrative<br />

model“ only states that skilled labor power is receptive to innovation and<br />

able to create them, and for that reason number of learning and vocational training<br />

supporting measures is introduced. Legal reform, innovation at its own right, is not stated as<br />

part of Lithuanian innovation strategy and stimulation of innovations is not declared as a<br />

part of modernization of labour relations.<br />

This reflects insufficient interdisciplinary discourse in science and as a result,<br />

compartmentalized approach to complex processes. Impact of legal framework on spread<br />

of innovations in general, and on innovations in human resource management in particular<br />

is still waiting for serious researches in Lithuania.<br />

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