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the “Law on Temporary Agency Employment” to implement the EU Directive ( Bagdanskis,
2011). DNLC provides adjusted regulation this type of labour relationship (DNLC art. 71th).
Under undetermined work extent (DNLC art. 87th) contract employee performs the work
function at the invitation of the employer and is paid only for the actual work time. This
arrangement is known as "zero hour work“, however DNLC guarantees payment for eight
hours of monthly work. Quantity of undetermined work extent contracts cannot exceed
1/10 of all valid employment contracts concluded by one employer.
DNLC, in response to European recommendations, proposes block of provisions on
employee skill-development. Scientific literature concludes that only continuous vocational
training alleviates skill obsolesce, caused by continuous innovation process in modern
markets. (Ischinger, Wyckoff, 2010). Article 28th obliges employer to respect employees’
aspiration to professional development, to provide minimal training for the work and take
measures to adapt employee qualification, to changing work conditions. Vocational training
(DNLC art.80-th) and apprenticeship employment (DNLC art. 84th) contracts are specifically
set to provide employee with profession skills. These provisions are primary beneficial to
employees as they enhance their adaptability in workplace (functional flexibility) and
employability and in labour market. Employers could benefit from availability of qualified
workforce and opportunity to share training costs with the Labour Exchange or employees.
Concluding other types of employment contracts, parties may agree on compensation of
formal and informal (on the job) training, that excesses minimal, cost to the employer if
contract is terminated on employee’s initiative without important reasons or due to the
fault of the employee (DNLC art. 36th).
Job-sharing (DNLC art. 95th), employee-sharing (DNLC art. 98th) contracts and teleworking
(DNLC art. 51th) along with telework time flexibility provision can be seen as measures of
“employee orientated” functional flexibility.
Telework in DNLC is not the type of employment contract (as in the CLC), but instead way of
organization of work, Applicable to any other contract. This brings Lithuanian Labour closer
regulation of the modernization of workplace, reconciliation of work with private life,
Greater autonomy of workers and other aims declared in European Framework Agreement
on Telework of the 2,002th. Increase of working time flexibility is achieved by distinction of
between the working time limit and working time regime (DNLC art. 92th.), introduction of
partial work (DNLC art. 47th) and agreements on reduced work time (DNLC art. 39th). New
regulation does not establish eight hour working day and this allows flexible (in lawful
boundaries) working time distribution per day, week, month or other period up to three
month. Partial work (shorter working time norm) can be introduced when employer
experiences economic difficulties. Reduction of employee’s wages in this case is
compensated from unemployment social insurance fund.
In the area of wage flexibility proposed legal reform provides improved employee's wage
concept, new methodology of setting minimum wage at the state level and possibility to pay
less than minimum wage (but according actually performed work) if employee unjustifiably
will fail fulfil his work share (DNLC art. 159th.). DNLC enables to change essential conditions
of contract (including wage) when there is objective economic or organizational necessity.
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