| Abstract [eng] |
SUMMARY SPECIAL-PURPOSE LEAVES, TYPES, NATURE, AND PAYMENT PROCEDURE Institute of special-purpose leave—which is set out under the Lithuanian labour law—is a legal expression of the right of each working individual to recreation and leisure as declared in the Constitution. Ensuring the right to special-purpose leave provides better opportunities for safeguarding employee rights and interests as well as at the same time strengthening the role of the key labour law function, i.e. the protective function. In the beginning, there were only three types of special-purpose leave to which Lithuanian employees were entitled, although taking into account changes that are taking place in the society, the institute of leave was gradually reformed together with other labour associated legal relations, due to which employees of today are able to utilize their right to pregnancy and confinement leave, child-care leave, parental leave, educational leave, sabbatical leave, and leave for performance of official or public duties. The content of this paper consists of four parts: 1. conception, nature, and types of special-purpose leave; 2. special-purpose leave for balancing labour and family obligations; 3. special-purpose leave for employee personal and vocational improvement; 4. free of work time for delivery of various socially significant actions. Special-purpose leave is a rather new institute in Lithuanian labour law. On the level of doctrines and science it is practically untouched. Thus this master’s degree thesis—on the basis of comparative analysis of formerly valid legislative acts and current foreign (Latvian, Polish, Russian, and Belarus) legal regulation—reveals the nature and legal rationale of special-purpose leave as well as provides definitions of these leave types, and details their award and payment procedure. The Labour Code of the Republic of Lithuania regulates the special-purpose leave in a rather abstract and concise way, which suggests rather few theoretical and practical issues. The paper attempts accentuating these issues and—on the basis of case-law, consultations supplied by the State Labour Inspectorate specialists, and experience of other countries—suggesting possible ways for resolution of these issues as well as trends for improvement of legal regulation in the area of special-purpose leave. |
