| Abstract [eng] |
Master thesis analyzes international legal regulation of rest period and peculiarities of its implementation in Lithuanian labour law, revealing the legal concept of rest period, reviewing assumptions about regulation of rest period at international and regional level, international legal acts on issues regarding regulation of rest period, highlighting and discussing the different sub-institutes of regulation of rest period in Lithuanian labour law. The paper also reveals key directions of regulation of rest period in Lithuania. The analysis of these provisions and trends draws the conclusion that the rest period is closely related to the concept of working time. Experience of East and Central European countries, conventions and recommendations of International Labour Organisation and provisions of European Social Charter (revised) were used and majority of European Union directives provisions were incorporated in Lithuania Labour Code, although the rest period is very dependent on the characteristics of nation-states and is even some part of the culture. Due to excessive workload employees often use only part of rest period that belongs to them - in such situations the employer should take measures to ensure the rest period of employees. Unfortunately, due to the absence of clear order for issues of granting leave and recalling it, there is a risk that employers may abuse its discretion rights in granting annual leave by making it a kind of devise for “promotion or punishment”. It is proposed to adjust the Article 184 of Labour Code, by strengthening rights of employees to unpaid leave for reasons other than those indicated in Labour Code and not only in specific cases of collective agreements, but also on agreement between the parties. It is unclear what is the practical benefit of creativity leave or are this kind of leave actually granted at all. Public holidays is a separate kind of rest period, it is not week's uninterrupted rest period on Saturday and Sunday but the annual rest period, therefore this provision should be altered by allowing to move rest days, except for those holidays, which coincide with Sunday. It is likely that Lithuania will continue to use experience in the labour laws of over 100 years ensuring interests of employees to safety and health at work, implement modern European labor law standards and will further develop an advanced labor law practice consistent with the actual labor market conditions, thus creating attractive jobs for the people of Lithuania. |
