| Abstract [eng] |
The Master Thesis analyzes the basis for termination of an employment contract by agreement between the parties; it refers not only to the theory of labour law, but also to the judicial practice and comparisons of the legal enactments of foreign countries. The first part of the Master Thesis deals with comparison of the rules governing the termination of an employment contract by agreement between the parties contained in the Labour Law Code of the Lithuanian Soviet Socialist Republic, the Law on Employment Contract of the Republic of Lithuania and the current Labour Code of the Republic of Lithuania. Article 125 of the Labour Code that entered into force on January 1, 2003 establishes the termination of an employment contract, which best complies with the contractual essence of the legal labour relations. In further research the detailed analysis of the procedure for termination of an employment contract by agreement between the parties is provided, in conjunction with the implementation of the principle of freedom of contract. The emphasis is made on the importance of the written form of a proposal to terminate an employment contract by agreement between the parties, the requirement to approve the proposal within seven days, and conclusion of the agreement between the parties involved in labour relationship on termination of an employment contract. It is noted that the essential conditions for the termination of an employment contract by agreement between the parties are the basis for termination of an employment contract, and the term on which such a contract will be terminated. Attention is drawn to the importance of financial compensation: the financial compensation may become the essential condition for the termination of an employment contract by agreement between the parties upon request of an employee. However, one of the most important characteristic features for termination of an employment contract by agreement between the parties is declaration of the free will to conclude the agreement, because the agreement is only valid, if it has been concluded by the parties involved in labour relationship between the parties at their free will and by expressing their real intentions. The final part of the Master Thesis compares some features of the termination of an employment contract by agreement between the parties with the features of the termination of an employment contract by the employee‘s application, and with the fixed-term contracts. The emphasis is placed on the features characteristic to the termination of an employment contract on that ground, especially when the employee belongs to a class of persons protected by the law. |
