Tinkamo darbuotojo pasirinkimo problema: teisinio požiūrio teoriniai ir praktiniai aspektai

Abstract

Selection of an employee is critically important for an employer in the stages of concluding, fulfilling and tenninating contract of employment. Upon conclusion of an employment contract an employer inevitably faces two critical issues, namely choice o f the employee selection method (1), and reasoning and execution of selection results (2). Competition, selection and qualification exams represent fonnal techniques of the employee selection. However, they require knowledge, time and financial resources on the part of the employer. By imposing a particular trial period an employer has a better opportunity to check up practical skills and obtained knowledge o f the selected employee. The assessment of the employee’s suitability is undertaken without departing from the process of work. The right to assess suitability of the employee depends exceptionally on the employer. However, his/her decision must be reasonable and appropriately documented. In the process of fulfilling contract o f employment an employer faces an issue of investing in staff. It is recommended to deal with this issue by issuing and using local regulations. The employer has a right to dismiss unsuitable employees under the procedure specified in the Labour Code, but only by appropriately reasoning his/her decision. The execution of particular documentation makes it easier to deal with this issue.