| Abstract [eng] |
In the present Master thesis there are examined not only the restrictions applicable to the employer upon terminating the employment contract, but the applicable guarantees as well, because they are the constituent elements of the same general system. The restrictions and the guarantees are analyzed by theoretical and practical aspect. First of all, the restrictions and the guarantees are considered as the post institute of the labour law, by courtesy of it, the realization of established rights of employee are ensured. Therefore, the nature and the purpose of them are approached in this work. Great attention is payed to the perception of the meaning of the restriction and guarantee terms and to the revelation of the juridical incoherence that establishes by the usage of the mentioned terms. One of the aims of the present paper is to find appropriate definitions for guarantees and restrictions as terms, adequate to the firmed juridical regulation in the Labour code. Moreover, one of the objectives is also to represent the original classification of the guarantees and the restrictions that are firmed in Labour code and applicable upon terminating the employment contract, thus making the distribution of these post institutes more juridical coherent. Every restriction and guarantee is distinguished by appealing to the method of grammatical text explanation and these terms are discussed separately. Analyzing the following of the guarantees and restrictions applicable upon terminating the employment contract the great attention is given to the jurisprudence of the Supreme Court of Lithuania that reveals fair part of the problems that arise in the practice. The relation of firmed guarantees and restrictions provisions with other labour code provisions and other law is analyzed in order to accomplish comprehensive research of the pending questions. Likewise, there is pursuable to evaluate the regulation adequacy, which is firmed in Labour code, with European Union and ILO act guidelines. After the conclusion was made that law do not always correspond to the international law acts, the recommendations to the legislator are given about the law development. |
