| Abstract [eng] |
Evolution of the Grounds for the Termination of the Employment Contract at the Initiative of the Employer Through no Fault of the Employee In the course of the study of the evolution of the grounds for termination of the employment contract at the initiative of the employer without the fault of the employee, the concept of termination of the employment contract from the very beginning of the formation of the employment relationship is defined, the regulation of the development of certain historical stages in Lithuania, while investigating the existing labour legislation, is revealed at the initiative of the employer without the fault of the employee. It is also assessed in the current 2016 Peculiarities of the legal regulation of the Labour Code, their practical interpretation, application in Lithuanian case law and legal doctrine. Taking into account that the work ensures material well-being, social assessment, etc., it is important to ensure that the employment contract is terminated only on the grounds established by law and in accordance with the established termination procedure, especially when the employer's initiative is terminated and there is no fault of the employee. Historical change of time, state situation, public attitudes and other aspects contributed to the respective development of the regulation of labour relations. Therefore, the institute at the initiative of the employer without the fault of the employee changed over time. A detailed analysis of the selected topic leads to the conclusion that, in many cases, termination of the employment contract on the basis of 2016 Article 57 of the Labour Code, it is not justified, may conceal the real reasons for termination of the employment relationship, in particular, where it is indicated that the agreed results of the work have not been achieved. Given that the assessment of the latter is left to the employer's prerogative, this may presumble to the abuse and negative assessment of the latter, taking into account personal interests such as antipathy to the employee. Accordingly, the employer may then terminate the employment contract on the basis of the Article 57 of the Labour Code, which is more advantageous for the latter, but, as has been said, for a potentially hidden and completely different reason. |
