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TRIPARTITE AGREEMENT ON TRAINING AND EMPLOYMENT / 05.09.2012

 To the article of February 18, 2014 / My Struggle - Thoughts, Theses, Justitionding.


Page 1.

The Appendix 1 to the Description of the Conditions and Procedure for the Implementation of Active Policy Measures in the Labour Market (as amended by Order of the Minister of Social Security and Labour of the Republic of Lithuania No. A1-22 of 17 January 2012)

Logos of the project sponsors.

ESF Project “Promoting Integration in the Labor Market” No. VP1-1.2-SADM-01-V-10-002.

TRIPLE AGREEMENT ON VOCATIONAL TRAINING AND EMPLOYMENT
2012-09-05 Nr.IDRSmok-91/P
Plunge, Lithuania

Unemployed / Unemployed Gražinė Korenevskienė, personal code 48308031272, and personal enterprise of Konstantin Korenevskiy (K.Korenevskio individuali imone), 111605090 (hereinafter referred to as the Employer), represented by Director Konstantin Korenevski, acting in accordance with the Articles of Association of the enterprise, and the Plungė Territorial Labour Exchange (hereinafter referred to as the Labour Exchange), represented by Director Dangirutė Jurkuviene, acting in accordance with Order No. 6 of the Director of the Lithuanian Labour Exchange under the Ministry of Social Security and Labour of 6 August 2009 K-97, hereinafter jointly referred to as the Parties in accordance with the Law of the Republic of Lithuania on Employment (2006, No. 73-2762; 2009, No. 86-3638) (hereinafter referred to as the Law) and the Description of the Conditions and Procedure for the Implementation of Active Labour Market Policy Measures,  approved by the Order of the Minister of Social Security and Labour of the Republic of Lithuania of August 2009 No. 13. A1-499 (2009, No. 98-4133) (hereinafter referred to as the Agreement), have entered into this Tripartite Agreement on Vocational Training and Employment (hereinafter referred to as the Agreement).

I. SUBJECT OF THE AGREEMENT.

1.1. Provision of services for organizing vocational training of an employee and his employment upon completion of vocational training or keeping him in work at the place of work.

II. TRAINING PROGRAM, ITS FINANCING AND TERMS OF THE FUTURE EMPLOYMENT CONTRACT.

2.1. The employee shall acquire the qualification of a hairdresser, necessary to perform the work functions specified in paragraph 2.3.2 of the Agreement, no later than March 12, 2013, under the following professional training program: “Broad-profile hairdresser”, specialty 262081505.
2.2. The vocational training services specified in paragraph 2.1 of the Agreement shall be provided to the employee in agreement with the employer at a vocational training organization selected by the employee and shall be paid for in accordance with the terms and conditions and in the manner established by the Law and the Agriment.

Signatures: Director of privat enterprise of  Konstantin Korenevskiy, Konstantin Korenevskiy; Director of the Plungė Territorial Labour Exchange, Dangirutė Jurkuviene; Persone Grazina Korenevskiene.

Page 2.

The employee will be hired under the following conditions:
2.3.1. Place of work: Personal Enterprise of K. Korenivskiy (K.Korenevskio individuali imone);
2.3.2. Exact job responsibilities: Hairdresser;
2.3.3. Work schedule: 6 working days a week;
2.3.4. Special requirements for the employee: hairdresser qualification certificate;
2.3.5. Wages: Minimum hourly wage established by the Government of the Republic of Lithuania and bonus;
2.3.6. Others: - .

III. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

3.1. The employer undertakes:
3.1.1. pay the employer's chosen vocational training provider - Zero percent for expenses on the provision of vocational training services not paid by the labor exchange;
3.1.2. for employment for agrement from 2013 June 17 on a full-time or part-time basis, the duration of a part-time working day (shift) must be at least half a working day (shift), and a part-time working week must be 3 working days a week for a period of at least 12 months;
3.1.3. within 3 working days from the date of conclusion of the employment contract, submit to the labour exchange a copy of the employment contract, certified by the employer's seal, if the employer must have a seal, and the signature of the manager;
3.1.4. within 3 working days, notify the employment office about:
3.1.4.1. termination of an employment contract with an indication of the reasons and grounds for termination;
3.1.4.2. liquidation of the workplace, as defined in the description;
3.2. The employer has the right:
3.2.1. approve or disapprove the training provider selected by the employer;
3.2.2. familiarize yourself with the description of the training program under which the employee being hired will undergo training;
3.2.3. check how training is carried out at the educational institution and/or at the place of internship, as well as the attendance of classes by the empoyee;
3.2.4. hire the employee for practice industrial training in accordance with contract No. 4 on industrial training, agreed upon with the vocational training service and the employee;
3.2.5. not to pay the employee the remuneration under Agreement 3.1.1. to the selected provider of vocational training services, the amounts specified in paragraph 1, for vocational training services, if the provider of vocational training services was not selected in agreement with the employer;
3.3. The labour exchange undertakes:
3.3.1. issue the employee a voucher for training in the form established in Appendix 2 to this Regulation (hereinafter referred to as the voucher for training), according to which the employee undertakes, in agreement with the employer, to pay the selected organizer of vocational training the amount established by him for the vocational training provided, but not more than 6 minimum wages for obtaining a qualification and 3 minimum wages for improving qualifications or acquiring competence;
3.3.2. monthly, upon receipt of information from the organization providing vocational training about the training, pay the employee, except in cases of notification of the employee of dismissal from work by the employer working on a full-time basis, a stipend for vocational training in the amount established by the Law, for the entire period of vocational training under the conditions and in the manner established by the Agreement;
3.3.3. pay the employee for travel expenses to and from the place of professional training, accommodation expenses, accident insurance (except in cases where the employee

Signatures: Director of privat enterprise of  Konstantin Korenevskiy, Konstantin Korenevskiy; Director of the Plungė Territorial Labour Exchange, Dangirutė Jurkuviene; Persone Grazina Korenevskiene.

Page 3

was notified by the employer of dismissal), and all expenses for mandatory medical examinations and vaccinations against infectious diseases under the conditions and in the manner established in the Agreement;
3.3.4. stop paying the employee training allowance and travel expenses in accordance with the letter of intent of the vocational training provider submit a notice of termination of the Training Agreement concluded between the vocational training provider and the employee (hereinafter referred to as the Training Agreement);
3.3.5. cease funding all training costs upon the employee’s admission to work under an employment contract or the commencement of self-employment, as defined in the Law of the Republic of Lithuania on Personal Income Tax (2002, No. 73-3085), except for the cases specified in the Appendix;
3.3.6. not to search for work and not to offer the employee to participate in active labour market policy measures for 6 months from the date of completion of vocational training, from the date of refusal to employ, or from the date of termination of the employment contract, if it was terminated within 6 months from the date of employment;
3.3.7. To demand reimbursement of all expenses incurred by him/her in connection with professional training, if the employer has failed to perform or has improperly performed the obligations specified in paragraphs 3.1.2 and 3.1.5 of the Agreement, and also if the employee has failed to perform or has improperly performed the obligations specified in paragraphs 3.5.1 - 3.5.4 of the Agreement, without valid reasons specified in the Law and the Description. If the expenses specified in this paragraph are not reimbursed to the labor exchange, they are collected in the manner established by law.
3.4. The labour exchange has the right to:
3.4.1. not pay for the employee’s training under a voucher if the choice of the provider of vocational training services was not agreed upon with the employer;
3.4.2. check how training is implemented at the educational institution and/or at the place of internship;
3.4.3. Allow the vocational training provider to extend the Training Agreement if the employee fails to attend more than 20 percent of the training duration specified in the Training Agreement during the training period and has provided a document confirming valid reasons for absence from classes, and in the event the employee cannot achieve the vocational training objective without extending the Training Agreement;
3.5. The employee undertakes:
3.5.1. participate in a professional training program, study and acquire or improve qualifications and/or acquire the competencies specified in paragraph 2.1 of the Agreement;
3.5.2. not to discontinue professional training without valid reasons specified in the Description, for a period of at least 6 months;
3.5.3. upon completion of vocational training, conclude an employment contract with the employer under the terms specified in paragraph 2.3 of the Agreement;
3.5.4. not to terminate the employment contract without good reason specified in the Description, for a period of at least 6 months;
3.5.5. compensace the labour exchange for all expenses incurred by it in connection with vocational training if the employee, without valid reasons specified in the Law and Description, fails to perform or improperly performs the duties stipulated in paragraphs 3.5.1 - 3.5.4 of the Agreement;
3.5.6. coordinate with the employer the selection of a training provider.
3.6.The employer has the right:
3.6.1. choose a professional training provider;
3.6.2. request in writing the vocational training provider to provide practical vocational training on the employer's premises in accordance with the form specified in Appendix 4 to the Description, a tripartite agreement on practical training concluded between the vocational training provider, the employer and the employee;

IV. LIABILITY OF THE PARTIES

4.1. The Parties to the Agreement shall be liable for failure to fulfill or improper fulfillment of the obligations provided for by the Agreement in the manner established by law and other legal acts.

Signatures: Director of privat enterprise of  Konstantin Korenevskiy, Konstantin Korenevskiy; Director of the Plungė Territorial Labour Exchange, Dangirutė Jurkuviene; Persone Grazina Korenevskiene.

Page 4

V. FORCE MAJEURE

5.1.  A Party shall be released from liability for failure to perform the Agreement if it proves that this occurred as a result of force majeure circumstances that it could not control or foresee at the time of concluding the Agreement and that it could not prevent the occurrence of these circumstances or consequences.
5.2 The party that has failed to fulfill the Agreement is obliged to notify the other party within 10 calendar days of the occurrence of the circumstances specified in paragraph 5.1 of the Agreement and their impact on the fulfillment of the Agreement and agree on further actions.
5.3. A party that fails to perform its obligations without timely notice shall remain liable for damages that could otherwise have been avoided.
5.4. Force majeure circumstances must be confirmed by the Civil Code of the Republic of Lithuania (2000, No. 74-2262) and the Resolution of the Government of the Republic of Lithuania of 15 July 1996 No. 15. 840 "On Approval of the Rules for Exemption from Liability in the Event of Force Majeure Circumstances" (1996, No. 68-1652) and the Resolution of the Government of the Republic of Lithuania of 13 March 1997 No. 222 "On Approval of the Procedure for Issuing Certificates Certifying Force Majeure Circumstances" (1997, No. 24-556) in the manner prescribed by Law.

VI. FINAL PROVISIONS

6.1. Neither Parties to the Agreement has the right to transfer to third parties the rights and obligations specified in the Agreement without the express consent of the others every Parties.
6.2. In the event of the change in the addresses or bank details of the Parties, each Party is obliged to notify the other Parties of this within 5 calendar days.
6.3. The Agreement may be terminated, amended and supplemented only by mutual written consent of the every Parties.
6.4. The Agreement may be terminated at the initiative of one of the Parties to the Agreement if it is established that the one of Parties to the Agreement does not fulfill its obligations under the Agreement.
6.5. The agreement is concluded in the Lithuanian language in three copies, each having equal legal force.
6.6. Disputes related to the execution of the Agreement shall be resolved in accordance with the procedure established by law.
6.7. The Agreement shall enter into force on the date of its signing and shall remain in effect until the Parties have fully fulfilled their contractual obligations.

VII. ADDRESSES AND DETAILS OF THE PARTIES

Plunge Territorial Labour Exchange
A.Jucio st. 9, LT-90147 city of Plunge,
Phone: 8(448)71015,
Code company: 291437830,
Bank details: 'Swedbank', code 73000,
bank account: LT 35 7300 0101 2755 2001.

Director: Dangirute Jurkuviene, signature.

Armorial seal: in the center the heraldic of Lithuania; inscriptions around the circumference - TERRITORIAL LABOR EXCHANGE OF PLUNGE, Lithuanian Labour Exchange under the Ministry of Social Affairs and Labour Protection. 

Employee:
Grazina Korenevskiene,
Personal Code 48308031272,
Phone 8 6061599
Mokyklos str. 2, Labardziu village, Rietavas municipality.
Signature.

Emplojer:
K.Korenevskio individuali imone,
Labardziu village, Rietavas municipality,
Company Code 111605090,
Phone 8 448 59979,
E-Mail korenevskiy.lt@gmail.com.
Signature.

Prepared by URS senior specialist Alma Murasoviene.


TRIPARTITE AGREEMENT ON TRAINING AND EMPLOYMENT / 05.09.2012

 To the article of February 18, 2014 / My Struggle - Thoughts, Theses, Justitionding.


Original documents / English