| Abstract [eng] |
In this master’s graduation paper the breach of labor duties, whereas encroaching on the constitutional human rights and freedoms or determined management order, is analyzed. The Labor Code of the Republic of Lithuania gives the employee the right of choice to terminate the employment agreement without giving any notice to the employee for gross breach of his labor duties once. The notion of gross violation of the labor duties and definition of the list of such violation is the novelty, brought by the Labor Code of the Republic of Lithuania into the Labor Law of the Republic of Lithuania. Despite of the fact that the Labor Code of the Republic of Lithuania is valid and applied all over the territory of the Republic of Lithuania for more than four years, the breach of labor duties, whereas encroaching on the constitutional human rights and freedoms or determined management order, analyzed in this master’s graduation paper, are not sufficiently explored yet and their practical application is not clear. It is noticeable, that going deep into the gross violation of the labor duties, the legal acts not only of the Republic of Lithuania, but also the international and the legal acts of European Union are analyzed. As the court practice of analysis of gross breach of labor duties in the Republic of Lithuania is not developed, in this master’s graduation paper the decisions of European Court of Justice the explanations of which should be considered by the courts of the Republic of Lithuania, explaining and applying the law. In this master’s graduation paper the gross violation of labor duties, whereas encroaching on the constitutional human rights and freedoms or determined management order, the content of such violation and the legal regulation aspects are supplied, and the gross violations of labor duties are evaluated in the context of termination of employment agreements. |
