| Abstract [eng] |
The Master's thesis analyses theoretical and practical aspects of the disciplinary sanctions for employees under an employment contract, their types and the procedures of imposing them. The paper reveals the content of labor discipline rules of the Labor Code of the Republic of Lithuania, the special laws, the foreign labor laws and examples of regulatory practice of Supreme Court of Lithuania. To reveal relevant questions, the analysis is divided into four main parts: disciplinary sanction as the effective measure to ensure labour discipline; the types of disciplinary sanctions; the procedure of imposing them; and the validity and the appeal procedures. Each of the major practical problems in the context of the issues, points out that some aspects of the case law is not unanimous. To sum up, it may be emphasized that disciplinary sanctions as the most effective disciplinary measures help to ensure labor discipline. It means that they act not only punishment but also preventive role. On the other hand, illegally imposed disciplinary sanction has negative consequences not only for employees but also for employers. In each case, the choice of disciplinary sanction by the employer must analyse the relevant facts, comply the procedure of imposing them. The case law of Supreme Court of Lithuania confirms that the only formal violation of disciplinary procedure does not constitute the grounds to declare that the disciplinary action is unlawful. |
