| Abstract [eng] |
The material liability of employees is peculiar, so these peculiarities are object of this comparative analysis. According Lithuanian labour and German civil law the employee is materially liable for the damage, but between material liability under labour and civil law there are a lot of differences, determined by the methods, purposes and objects and intents of this regulation. The material liability of employees in Lithuania is systematical and properly regulated by labour law, but still is problematically to apply some rules of material liability of employees. Severally, in this work are analyzing the generals and selects conditions of material liability of employees. They determine the possibility to invoke the material liability in Lithuania and to specialize on the civil liability of employees in Germany. The work presents an analysis the types of workers liability on these countries legal regulation and points up wholly different methods on the limitation of material liability of employees. In the work are disputed the occasions of full material liability of workers in Lithuanian labour law, which are the exceptions from the basic principle on the limited material liability. The institute of non – pecuniary damage is new in Lithuanian labour law, therefore in this comparative analysis are notated the possible manners to invoke the non – pecuniary damage to employers, and the particularity of estimation for this damage compensation. Surely, the principally regard is committed on the problems of material liability limitation and in respect of this is proposing some alternatives for legal regulation. The most important intention of these proposes is to protect the property of employers and those right to claim damage and also do not rebut the worker’s right to earn money to subsist. |
