| Abstract [eng] |
The essential purpose of the employee stock option which is defined as a right to purchase shares in future is motivation of employees. The aforementioned purpose is of great importance when legally qualifying the stock option. The main features of the stock option unfold the nature of the stock option. One of the most influential features of the stock option is the fact that the stock option is described as the special form of the employee financial participation. The schemes of the employee financial participation are encouraged all across the EU. The stock option is one of main forms of employee financial participations occurrence in Lithuania. The stock option is given to an employee by means of the stock option agreement, which has some features of the preliminary agreements, although the stock options agreement should be legally qualified as the principal agreement. All these issues are discussed in the first part of the thesis. The correspondence of the features of the stock option to the main features of the wage and the forms of employee motivation according to the Labor Code is discussed in the second part of thesis. The main problem issues when giving the stock option to employees are also discussed, e.g. the prohibition to discriminate employees on the grounds that are not objective. The problems arising during the exercise of the stock option due to the change of the employer as well as the due to end of the employment relations are also discussed. In the third part of thesis discussion is about the attitude of the national legislator and the central tax administrator in relation to the taxations of the stock options in the context of personal income tax, social security contributions and the compulsory health insurance contributions. |
