Teisingo apmokėjimo už darbą principo įgyvendinimas ; Implementation of the principle of fair renumeration for work

Abstract

In the Master's Thesis "Implementation of the Principles of Fair Remuneration for Work", the establishment of the principles of fair remuneration for work in the legislation of international and regional organisations, as well as in legal acts of the Republic of Lithuania, is discussed. In accordance with the perspective of the representatives in law and economic fields, as well as the jurisprudence of the Constitutional Court of the Republic of Lithuania, definition of fair remuneration for work is revealed. Although this principle is generally acknowledged and constantly developed in further documents of international organisations, in the national legal system of the Republic of Lithuania, a common opinion regarding the elements that constitute the contents of fair remuneration for work is still lacking. Pursuant to the legislation and the established doctrine, the diverging interpretations in contents and elements of the principles of fair remuneration for work are analysed and compared. The Master's Thesis analyses the establishment in legislation and implementation in Lithuania of two of the most problematic elements of the principle of fair remuneration for work: remuneration which will give the workers and their families a decent standard of living and the worker's right to equal pay for the equal work or work of equal value, as well as the protection against discrimination. Analysis regarding the definitions, determination and relationship between remuneration enabling an appropriate standard of living for the workers and their families and the minimum wage is carried out based on the opinions and findings of the Lithuanian and foreign authors, as well as the experts of international and regional organisations. In addition to this, the amount of the minimum monthly wage established in Lithuania is compared with the relative and absolute poverty thresholds. It should be noted that in this Thesis, the statistics of the minimum wage from the period of 2018-2019 provided by Eurostat and the situation of Lithuania in the context of the European Union is reviewed and analysed. Pursuant to the established doctrine, the opinion of Committee of Experts at International Labour Organization, the case-law of the Court of Justice of the European Union, the conception of non-discriminatory remuneration for the equal work or work of equal value is revealed. Moreover, individual remedies for the persons potentially suffered from discrimination in the field of remuneration are discussed. The Master's Thesis emphasises legal regulations on remuneration of women and men for the equal work or work of equal value, as well as gender pay gap which is widely discussed in practice, in addition to that, the analysis of influencing factors is carried out.