| Abstract [eng] |
After the new Labour Code of the Republic of Lithuania came into effect, many new labour norms have originated including the ones regulating the termination of labour agreements due to the gross breaches of labour discipline. This paper analyses the termination of labour agreements due to the gross breaches of labour discipline, which are incompatible with the activities and labour functions of the employee (Article 235 paragraph 2 clauses 3 and 4 of the Labour Code of the Republic of Lithuania). The paper reveals the conception of the breach of labour discipline, inter alia the gross breach of labour discipline as the most severe of a kind, their differences and assessment criteria as well as presents the practice of the Lithuanian Supreme Court and other courts, the doctrine of labour law. The provisions of the Labour Code of the Republic of Lithuania regulating the termination of labour agreements due to the gross breaches of labour discipline are also analysed while comparing them to the similar norms of labour law in foreign countries. It is sought to disclose the problems of application of such labour norms, to show the relevance of this theme and the future perspectives. This paper emphasizes that the considered grounds for termination of labour agreements are not enough analysed in legal doctrine and practice, the court practice in this field is not extensive. Therefore, there is a real possibility that the employer could commit a mistake in applying these labour norms while indicating the grounds for the termination of labour agreement. This paper aims to fill at least a part of this gap by explaining the termination of labour agreements due to the analysed gross breaches of labour discipline in a more wide and thorough way. |
