| Abstract [eng] |
Modern labor relations are important to reveal and analyze the current liability as the liability of an independent type of regulation of labor laws. The main task of material responsibility - to guarantee the employer, which is a company, institution, organization or person will be paid for the damages of employee. Constitution of the Republic of Lithuania article 23 finds that the property is inviolable and protected by law. Under this provision, individuals, employees hired to work in the employer's undertaking, have duty to protect and conserve the employer's assets. In case if these requirements are not fulfilled and employees are found guilty of material injury to the employer, there must be compensation by the procedures of Labor Code. The main aim of this overview is the liability of Lithuanian and Polish employees in theoretical and practical aspects, which are to find the differences, identify shortcomings, and propose options for improvement of the institute. The aim of the study is to perform the following tasks: to establish liability in employment law issues, to identify the material terms of responsibility, especially to identify the conception of the fault and to seek the difference between Lithuania and Poland doctrine, to compare the legal status of the head of administration and specifics of liability, to analyze the property, as well as moral damages and the determination of recovery of the characteristics of both countries, as well as attempts to answer the question of if the team can be regarded as the subject of labor relations and collective bargaining, or its presence or absence can lead to responsibility of people working with the material values.Material responsibility of employees are not identified with civil liability in Lithuania and Poland. Material responsibility is defined by labour laws and it is treated separately by practice of courts and legal doctrine. Both Lithuania and Poland Labour codes point out that the conditions of liability should be applied in the way that the liability could carry out social, protective function and could not violate the rights and legitimate interests. |
