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Apie Darbo kodekso normalizavimą
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 Nors dažniausiai kalbama apie darbo kodekso liberalizavimą, nemanau, kad tai tinkamas terminas. Vargu ar dabartinį reglamentavimą galime vadinti net ir normaliu, kai darbuotojui draudžiama tartis su darbdaviu dėl daugybės dalykų. Ar normalu, jei negalima paprastai susitarti dėl lankstaus darbo grafiko? Arba laisvai suderėti dėl darbo tam tikram terminui?
 Nenuostabu, kad toks reglamentavimas prisideda ir prie bedarbystės. Niekas neįdarbins darbuotojo, jei yra galimybė (bet, suprantama, ne garantija), kad verslas gali plėstis, nes nepasitvirtinus šiai galimybei darbuotojo atleidimas bus neįmanomas ar sunkus. Joks verslas nesiners sau tokios kilpos ant kaklo, net jei tai reiškia galimybių sau ir darbuotojams praradimą.
 Retas įdarbins papildomus darbuotojus, jei jo užsakymai svyruoja ir vieną dieną ar savaitę reikia dirbti daugiau, o kitą - nėra ką veikti. Jei neleidžiama dirbti lanksčiai, bus dirbama tiesiog mažiau. O pinigų kai nedirbi, kaip žinia, nei verslininkui, nei, atitinkamai, darbuotojui, niekas nemoka.
 Po ilgų derybų tarp Vyriausybės, verslo asociacijų ir profsąjungų pagaliau pavyko pasiekti tam tikrų kompromisų. Vyriausybė pateikė Seimui projektus, pagal kuriuos galima išspręsti nemažai šiandien esančių problemų. Numatytos didesnės galimybės sudaryti terminuotas sutartis, nustatyti lankstesnį darbo grafiką, paprasčiau sutarti dėl darbuotojo atleidimo (tuo pačiu išmokant jam didesnę kompensaciją).
 Kiek neramina streikų skelbimo palengvinimas. Graikijos sindromas būtų katastrofa Lietuvai. Tačiau turiu pabrėžti, kad tai iš tikrųjų yra ne tiek palengvinimas, kiek aiškesnis reglamentavimas.
 Vyriausybės pasiūlytas Darbo kodekso normalizavimas - geras žingsnis. Tikiuosi, kad Seimas jam pritars, o svarstant siūlomus pakeitimus juos vertins ne kaip liberalios politikos nuostatas, iki kurių, kaip minėjau, dar toli, o kaip žingsnį link normalaus reguliavimo.
 Vis dėlto apmaudu, kad iš šio paketo iškrito kai kurie dalykai, kurie darbo santykių reglamentavimą būtų ir priartinę prie tokio, kurį galima būtų laikyti normaliu. Pateiksiu porą pavyzdžių.
 Pirma, kažkodėl siūloma, kad dalis nuostatų galiotų laikinai, du metus. Pavyzdžiui, nuostatos dėl lankstesnio terminuotų darbo sutarčių sudarymo ar dėl darbo sutarties nutraukimo darbdavio valia, netaikant įspėjimo termino. Šie pakeitimai neturėtų būti siūlomi kaip laikinos antikrizinės priemonės ir būtų naudingi ilgalaikėje perspektyvoje, tad kodėl turėtume įtvirtinti jų laikinumą?
 Kitas neadekvatumas, kurio kažkodėl nedrįsta atsisakyti - reikalavimas visose, net mikroįmonėse sudaryti kolektyvines sutartis norint sutarti dėl tam tikrų dalykų, pvz., dėl nemokamų atostogų suteikimo ar darbo apmokėjimo sąlygų. Sutikime, gana keistas žanras, kai kolektyvinė sutartis yra, tarkime, dviejų ar trijų darbuotojų kolektyve... Bent jau mažose įmonėse dėl tokių dalykų būtų galima sutarti ir paprasčiau - darbo tvarkos taisyklėmis ar tiesiog individualiai.
 Daug kartų tokie pakeitimai buvo išvadinti darbuotojų pažeidžiamumo didinimu. Tačiau galimybių padidinimas nėra pažeidžiamumo didinimas, nors daugiau (šiuo atveju ne tiek ir daug - darbą) turintis žmogus ir turi daugiau ką prarasti. Lankstesnės galimybės tartis atneštų abipusę naudą.
 Parašė Remigijus Šimašius 2010-05-14 15:40
 komentarai (508) | “Apie Darbo kodekso normalizavimą”
 Albinas rašo:
 “Pirma, kažkodėl siūloma, kad dalis nuostatų galiotų laikinai, du metus. Pavyzdžiui, nuostatos dėl lankstesnio terminuotų darbo sutarčių sudarymo ar dėl darbo sutarties nutraukimo darbdavio valia, netaikant įspėjimo termino.”
 Juokaujat? Jei pripažintumėte realią situaciją, suprastumėte, kodėl tokie siūlymai darbuotojams negali būti priimtini. Jei gyventume šalyje, kur (arba tokiais laikais, kai..) visiems atlyginimai yra mokami baltai per “darbo santykius”, tai toks siūlymas atrodytų kitaip. Bet reali situacija yra tokia - džiaugiesi, jei gauni darbo. Tai reiškia, kad kaip darbuotojas jau derybų su darbdaviu metu esi labai silpnoje situacijoje ir sąlygas realiai dėlios darbdavys); jei darbą gauni ir jei alga nėra minimumas greičiausiai tai, kas virš minimumo, bus mokama alternatyviais būdais. Vadinasi, po jūsų siūlomų pakeitimų, kai darbdaviui užeis juodas mėnulis ir jis sugalvos darbuotojo atsisakyti, jis ne tik neturės įspėti, bet ir pigiai išsisuks.
 Tokie DK pokyčiai paskatins tik dar didesnę emigraciją, tikiuosi, kad tokių tikslų neturite. Tai, ką bandote vandinti normalizavimu būtų kaip tik denormalizacija, nes įspėjimo terminai dabar atsvera dalį rizikų susijusių su darbdavių manipuliacijom su algomis, suteikia šiokį tokį saugumą darbuotojui, žinoma, jei jis išdrįsta savo teisėmis pasinaudoti.
 1. Darbuotojas įmonėse paprastai neturi jokio balso darant sprendimus nuo kurių neretai priklauso įmonės sėkmė. Šiuo požiūriu darbuotojas yra pasyvus dalyvis, kurio sąskaita po jūsų siūlomų pakeitimų darbdavys galės amortizuoti savo klaidas su sumažinta finansine rizika. Viskas bus “nuridenta” ant darbuotojų. O normaliai valdomų įmonių Lietuvoje yra vienetai.
 2. Darbuotojas yra tas, kuris darbus padaro. Jei paskutinius užsispyrusius likti ir dirbti Lietuvoje įtikintise išvykti - nebus kam dirbti. Nebus kam dirbti - nebebus verslo, nebent pradėtume įsileisti pigią darbo jėgą. Verslas daromas dėl pinigų, rizikos vertinamos pinigais. Sumažintos rizikos tikrai bus panaudotos piniginių papildymui. Nesitikėkite iš verslininko sąmoningumo. Jūs esat išrinkti/paskirti tam, kad pabūtumėte sąmoningi už mus visus ir įvairių žmonių grupių interesus subalansuotumėte.
 2010-05-17 12:01
 Kaip visada, tikri ir tariami kažkieno teisių gynėjai nesupranta, kokius padarinius jie sukelia savo perdėtomis pastangomis užtikrinti “apsaugą” kažkokiai pažeidžiamai asmenų grupei. Visiškai pritariu gerb. Remigijui, kad nereikia tokių priemonių, kurios neretai atsisuka prieš patį darbuotoją (nes darbdavys neturi teisės patenkinti tam tikrų darbuotojo pageidavimų) ar dėl kurių darbuotojas apskritai nebus priimtas į darbą, darbdaviui protingai siekiant išvengti neišvengiamų problemų ateityje.
 Darbuotojus reikia ginti ne tiek nuo “išnaudotojų darbdavių”, kiek nuo ekonominės krizės, dėl kurios apskritai nebelieka potencialių darbo vietų ir jokių potencialių darbdavių, netgi “išnaudotojų”. Griežtas ir akivaizdžiai vienpusis reglamentavimas neabejotinai ir reikšmingai trukdo ekonomikos atsigavimui. Žmogus, neturintis darbo, neretai palūžta, taigi nežlugdykime žmonių tariamu jų teisių apsaugos pretekstu.
 DK yra labai nenormalus, reikia smarkiai liberalizuoti. Šalys turi turėti galimybę dėl visko susitarti.
 Algos mokėjimas baltai/juodai neturi jokio ryšio su aptariamu klausimu.
 Klausimai ministrui rašo:
 2010-05-17 12:35
 Ministre, sakote, kad teisėjas priėmė sprendimą, kuris ” geriausiai atitinka vaiko interesus.” Todėl prašau atsakyti į šiuos klausimus: 1. L.Stankūnaitę nuo neaiškių grėsmių iki šiol saugo ginkluoti apsaugininkai. Vadinasi, jeigu yra iškilusi grėsmė jai, tokia pati grėsmė iškiltų ir mergaitei, jeigu ji būtų sugrąžinta biologinei motinai. Ar tai atitinka vaiko interesus? 2. L.Stankūnaitė iki šiol gyvena įslaptintame bute. Kaip tokiomis sąlygomis ten galėtų gyventi maža mergaitė, izoliota nuo jai įprastos socialinės aplinkos ir žmonių? Juk tai ją dar labiau traumuotų. Ar tai atitinka vaiko interesus? 3. L.Stankūnaitę iki šiol įdarbino ir išlaikė įtariamasis A.Ūsas. Ar grąžinus mergaitę biologinei motinai jis taip pat ją rems finansiškai, nes, kiek žinoma, L.Stankūnaitė kitų pajamų ar darbo neturi. Kas pasirūpins mergaitės pastoge, maistu, lavinimu? Ar tas pats įtariamasis A.Ūsas? Ar tai atitinka vaiko interesus? Objektyviai atsakykite sau į šiuos klausimus, ministre, o tada žinosite, ar teisėjas paielgė teisingai ir ar verta, vaiko labui, vykdyti jo sprendimą.
 Remigijau, ar zinote kad... rašo:
 2010-05-17 14:22
 Kaip rodo Aukščiausiojo Teismo suformuota tokių bylų praktika, net 60 proc. atvejų teismams pakanka mažamečio ar paauglio parodymų. Vaiką turi apklausti psichologas, kurį prokuroras po to apklausia kaip liudytoją. Net ekspertizės nedaromos, o mergaitės atveju jos yra.
 2010-05-17 14:32
 Daug kam, kaip suprantu, rūpi ne tik Darbo kodeskas...
 Tai dėl tos kitos temos ir noriu patikslinti. Komentatorius, kurio vardas “Klausimai ministrui” mano žodžius iškraipo. Aš sakiau “tikiuosi, kad sprendimas atitinka vaiko interesus”, o jei neatitinka - tai teisine tvarka bus ir nuginčytas.
 Bet primenu, kad šį kartą komentaras - apie Darbo kodeksą.
 Cia ne i tema, bet ministro demesiui rašo:
 2010-05-17 14:57
 Is karto atsiprasau, kad mano zinute ne i tema, taciau noriu atkreipti gerb. ministro demesi i informacija, paskelbta LR ambasados VFR puslapyje:
 http://de.mfa.lt/index.php?-788365034
 “VAIKO GIMIMO REGISTRAVIMAS
 Informacija apie LR piliečio vaiko gimimo registravimą Lietuvoje
 LR piliečius, norinčius registruoti vaiko gimimą Lietuvoje, prašome LR ambasadai VFR pateikti:
 1. Vaiko tėvų LR piliečio paso 24, 25, 26, 27, 32, 33 puslapių kopijas. Jei turite naujojo pavyzdžio LR pasą reikia tik puslapio su asmens fotografija kopijos. Jei vienas iš vaiko tėvų - ne LR pilietis, prašome atsiųsti jo paso puslapių su asmens fotografija bei galiojimo data kopijas ir jų vertimą į lietuvių kalbą.”
 MAN TIKRAI GEDA PRIES VISA PASAULI - LIETUVIAI REIKALAUJA KITOS VALSTYBES PILIECIO PASO VERTIMO I LIETUVIU KALBA. GAL JAU GANA MUMS BUTI ABORIGENAIS???
 Gi: rašo:
 2010-05-18 10:54
 Sutinku, kad bendru atveju darbo kodeksa reikia liberalizuoti. Taciau ir suprantu senesniu darbuotoju baimes - dabartiniai vadovai dar neismoko vertinti darbo jegos. Bendru atveju - jeigu bus darbo vietu, bet koks DK bus geras, zinoma, jei DK taptu lankstesnis, lengviau isgyventume tokius krizinius periodus.
 Beje, pastaba darbuotojams: si krize parode, kad tikrieji specialistai yra labai vertinami, taigi geram specialistui ant galvos tikrai nenuridens jokiu klaidu ir nuostoliu, nes isejus tokiam darbuotojui, butu patirti dar didesni nuostoliai. Ir manyciau, begant laikui vadovai tikrai supras, kad darbuotojus reikia vertinti.
 2010-05-18 13:20
 Gi, “suprantu senesniu darbuotoju baimes” - iš principo galima pakeitimus reglamentuoti taip, kad jie būtų taikomi tik po pakeitimų įsigalojimo sudarytoms darbo sutartims.
 Blogo šeimininkui idomi pastaba ne į temą http://racas.lt/gal-geriau-jau-tegul-jie-negrizta/#comment-58164
 PЄTRVS rašo:
 2010-05-25 06:27
 > Albinui
 Tokie DK pokyčiai paskatins tik dar didesnę emigraciją
 Lieskite Jums paprieštarauti. Emigraciją skatina ne darbuotojo darbo grafiko nepatogumas, o bedarbystė. Darbo pasiūla priklauso nuo konkrečių sąlygų verslui vystyti. Darbo santykių apibrėžtumas gali būti lemiama sąlyga darbo vietų kūrimui.
 Darbuotojas įmonėse paprastai neturi jokio balso darant sprendimus nuo kurių neretai priklauso įmonės sėkmė.
 Leiskite man su jumis nesutikti. Direktorius dažnai būna tik samdomas darbuotojas, bet daro sprendimus, kurie iš esmės lemia įmonės sėkmę. Tai, kad vadovybė neprivalo atsižvelgti į valytojos nuomonę, kur steigti atstovybę, man yra visiškai suprantama.
 Darbuotojas yra tas, kuris darbus padaro.
 ...bet darbdavys yra tas, kuris sudaro sąlygas tuos darbus dirbti.
 Albinai, pats imk ir susikurk sau darbo vietą. Suprasi, kad tave įdarbina ir atleidžia ne darbdavys, o pirkėjas.
 Jei paskutinius užsispyrusius likti ir dirbti Lietuvoje įtikintise išvykti - nebus kam dirbti.
 Va jau arčiau tiesos. Kai nebus kam dirbti, pradės gerėti priėmimo sąlygos, didėti algos ir darbdavys bus sukalbamesnis. O dabar, kai į tavo vietą pretenduoja 10 kitų, kurie sutinka net ir su mažesniu atlyginimu, vienintelis būdas įtikinti darbdavį neatleisti tavęs yra geriau dirbti...
 2010-06-20 10:58
 “vienintelis būdas įtikinti darbdavį neatleisti tavęs yra geriau dirbti”. Arba už dar mažiau. Pas mus taip įprasčiau.
 2010-06-22 02:32
 darbo kodeksas :D iseini atostogu o po keliu valandu skambina is darbovietes . jums atostogos nukeltos . nepatinka nedirbk :DDD grafikas 2-5 dienom i prieki apie darbo salygas patyliu .
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type: contracts

jurisdiction: EU

text:
 Avis juridique important
 |
 21996D0724(01)
 Beschluß Nr. 1/96 des Kooperationsausschusses EG-San Marino vom 20. Juni 1996 zur Änderung des Beschlusses Nr. 1/93 über die Festlegung der Modalitäten der Abführung der von der Gemeinschaft für die Republik San Marino erhobenen Einfuhrabgaben an die Staatskasse von San Marino
 Amtsblatt Nr. L 184 vom 24/07/1996 S. 0035 - 0036
 BESCHLUSS Nr. 1/96 DES KOOPERATIONSAUSSCHUSSES EG - SAN MARINO vom 20. Juni 1996 zur Änderung des Beschlusses Nr. 1/93 über die Festlegung der Modalitäten der Abführung der von der Gemeinschaft für die Republik San Marino erhobenen Einfuhrabgaben an die Staatskasse von San Marino (96/445/EG) DER KOOPERATIONSAUSSCHUSS -gestützt auf das Interimsabkommen über den Handel und eine Zollunion zwischen der Europäischen Wirtschaftsgemeinschaft und der Republik San Marino (1), insbesondere auf Artikel 7 Absatz 3,in Erwägung nachstehender Gründe:Mit dem Beschluß Nr. 1/93 des Kooperationsausschusses EWG - San Marino vom 27. Juli 1993 über die Festlegung der Modalitäten der Abführung der von der Gemeinschaft für die Republik San Marino erhobenen Einfuhrabgaben an die Staatskasse von San Marino (2) wurde das Verfahren zur Feststellung, Kontrolle und Bereitstellung der Einfuhrabgaben auf für San Marino bestimmte Waren eingeführt.Es ist angebracht, die Modalitäten der Feststellung hinsichtlich der Einfuhrabgaben für die Erzeugnisse und Waren zu präzisieren, für die im Rahmen der aktiven Veredelung - Nichterhebungsverfahren - gemäß den Artikeln 114 bis 129 der Verordnung (EWG) Nr. 2913/92 des Rates vom 12. Oktober 1992 zur Festlegung des Zollkodex der Gemeinschaften (3) oder im Rahmen des Verfahrens der vorübergehenden Verwendung gemäß den Artikeln 137 bis 144 der genannten Verordnung eine Zollschuld entstanden ist -BESCHLIESST:Artikel 1 Der Beschluß Nr. 1/93 wird wie folgt geändert:1. Artikel 1 Buchstabe b) erhält folgende Fassung:"b) In diese Buchführung werden nur die Abgaben aufgenommen, die von den im Anhang des Abkommens aufgeführten Zollstellen festgestellt wurden. Unbeschadet des Artikels 1a werden diese Abgaben nur verbucht, wenn das Kontrollexemplar Nr. 5 des Versandpapiers T2 SM oder die Kopie des Versandpapiers T2 L SM, das zum Nachweis des Eingangs der betreffenden Waren in San Marino dient, den Sichtvermerk der Zollbehörden der Republik San Marino trägt und bei der Zollstelle, die es ausgestellt hat, ordnungsgemäß vorgelegt wird."2. Folgender Artikel 1a wird eingefügt:"Artikel 1aIm Fall der Anwendung der aktiven Veredelung gemäß den Artikeln 114 bis 129 der Verordnung (EWG) Nr. 2913/92 oder des Verfahrens der vorübergehenden Verwendung gemäß den Artikeln 137 bis 144 jener Verordnung nehmen die im Anhang des Abkommens aufgeführten Zollstellen die festgestellten Abgaben in die Buchführung nach Artikel 1 Buchstabe a) auf, wenna) nach einer aktiven Veredelung - Nichterhebungsverfahren - das Kontrollexemplar Nr. 5 des Versandpapiers T2 SM oder die Kopie des Versandpapiers T2 L SM, das zu diesem Zweck ausgestellt wurde und zum Nachweis der im Gebiet von San Marino abgesetzten Mengen an Veredelungserzeugnissen oder unveredelten Waren dient, den Sichtvermerk der Zollbehörden der Republik San Marino trägt und bei der Zollstelle, die es ausgestellt hat, ordnungsgemäß vorgelegt wird;b) nach der Beendigung des Verfahrens der vorübergehenden Verwendung eine beglaubigte Kopie des Zollpapiers, mit dem die Einfuhrwaren in das Verfahren übergeführt worden sind und das zum Nachweis der Verwendung der Einfuhrwaren auf dem Gebiet San Marinos dient, den Sichtvermerk der Zollbehörden der Republik San Marino trägt und bei der Zollstelle, die das betreffende Zollverfahren mit wirtschaftlicher Bedeutung bewilligt hat, ordnungsgemäß vorgelegt wird."Artikel 2 Dieser Beschluß tritt am Tag nach dem ersten Tag des auf den Monat seiner Annahme folgenden Monats in Kraft.Geschehen zu Brüssel am 20. Juni 1996.Für den KooperationsausschußDer PräsidentS. ABOU(1) ABl. Nr. L 359 vom 9. 12. 1992, S. 14.(2) ABl. Nr. L 208 vom 19. 8. 1993, S. 38.(3) ABl. Nr. L 302 vom 19. 10. 1992, S. 1. Verordnung geändert durch die Beitrittsakte von 1994.