| Abstract [eng] |
Discrimination is recognised as a widespread phenomenon. Lithuanian, international and European Union legislation enshrines the principle of non-discrimination prohibiting discrimination. The principle of non-discrimination is recognised as a universal and fundamental principle of the legal system. Lithuanian legal regulation prohibits discrimination in employment legal relations, establishes the obligations of the employer, provides for special features of shifting the burden of proof, thus in order to facilitate the protection of violated rights of employees. The aim of the work is not only to analyse the implementation of the principle of non-discrimination in employment, but also to evaluate the practice of Lithuanian courts, its tendencies and challenges in interpreting and applying the principle of non-discrimination in employment. In addition, the relevant case law of the Court of Justice of the European Union is analysed. The first part of the work deals with general aspects related to the application of the principle of non-discrimination. In order to analyse the application of this principle, the concept of discrimination, types of discrimination and forms of discrimination are examined. The second part analyses the application of the principle of non-discrimination in employment law. The principle of non-discrimination in pre-contractual, contractual and post-contractual employment relations, the obligations established by the employer, non-discrimination clauses and other situations where persons in the same situation may be treated differently, also the peculiarities of proof in non-discrimination cases are analysed. The third part examines the application of the principle of non-discrimination on individual grounds: gender, age, disability and trade union membership. In order to substantiate the relevance of the topic, that the grounds of gender, age and disability are the most common grounds, the legal regulation and interpretations of case law are discussed in detail. |
