| Abstract [eng] |
The master’s thesis deals with a relevant issue, because each of us in one way or another faces an employment relationship, which must be regulated to ensure the balance between the employee and the employer, because the constitutional principle of freedom to choose a job is one of the most important principles of labour law. In order to protect and regulate the relationship between the employee and the employer, the state must take certain measures in order to ensure that the employer who doesn’t comply with the employment procedure, occupational safety requirements, wage and rest requirements receives certain state coercion and is compliant with the mentioned requirements. In order to protect and regulate the relationship between the employee and the employer, the state must use certain measures, i.e. sanctions. The first part of the thesis introduces the concept of sanction and examines and analyses types, purpose and goals of sanctions. The cases when the subject of liability is the employer and when the subject of liability is the representative of the employer are also discussed. As regards the subject of liability, the principle of non bis in idem is discussed. The second part of the paper discusses the sanctions applied to employers and their representatives for violations of labour law according to labour law criteria: employment contracts; work time and rest time; wages; indirect sanctions are also discussed. The master’s thesis analyses the sanctions applied for actions that were taken or failed to be taken, and the analysis of the case law reveals the problems related to the application of sanctions. The national legislation analysed in this paper and the Lithuania case law were of exceptional importance. |
