| Abstract [eng] |
The Termination of the Employment Agreement on the Initiative of Employer when there is no Fault of Employee: Theoretical and Practical Problems Summary In this work the problems of the termination of the employment agreement on the initiative of employer when there is no fault of employee are analysed. The termination of the employment agreement is a very significant legal event from the economic, social, public, and legal point of views. Thus, it is very important to understand and formalize correctly this legal fact, as any mistake or improper documentation could raise a legal dispute. As a result the employer or employee may face negative legal effects. Apparently, the systematic and consistent regulation of the general requirements, procedures, and content elements of the termination of the employment agreement on the initiative of employee and the detailed analysis of the provisions on the termination of the employment agreement are very important not only for theory, but also for practice. In this work a definition of the application of labour law, related to the termination of the employment agreement, is presented and the basis of application of the current legal institute, the aspects of the termination of the employment agreement when there is no fault of employee, definition of content and the limitation of application are analysed. The analysis is based on the rulings passed by the Supreme Court of Lithuania, as a court of cassation, reviewing the decisions of the courts of the first and appeal instances, which are in one or another way related to the application of the termination of the employment agreement on the initiative of employer when there is no fault of employee. There are highlighted the most frequent problematic aspects, faced by the employers in theory and practice when they fire employees on their own initiative, when there is no fault of employees. The termination of the employment agreement following the 129th clause of the Labour Code is a quite recent matter, since the Labour Code itself was passed in 2003. In the former legal norms, regulating the termination of the employment agreement on the initiative of employer, there was a finite list of norms, on the basis of which employer could fire an employee. In the present Labour Code the latter list is changed by certain legal facts by the appearance of which it is permitted to terminate the employment agreement. For this reason employers face most of the problems while implementing the theoretical aspects in practice. Vaidas Milius. |
