| Abstract [eng] |
Limitations and Guarantees of an Employment Contract Cancellation SUMMARY One of the labor law functions is protective connected not only with preservation of labor relations but also a weaker entity-employee’s security. A legislator fixes some limitations or guarantees to employees of particular categories. One of the labor law aims is to ensure employment security; therefore, this aim would not be met if provisions of contract law, whereby parties are free to fix terms of contract cancellation, were easily applied in labor law. Therefore, labor law calculates many protectors, which are connected with an employer’s initiative to cancel an employment contract. Labor is an essential part of humans and society’s activity that get into public relation domain, which can be divided into different sub-themes and become wide, inexhaustible theme. Therefore, preparing this work the most important point is to emphasize some separate institute aspects of limitations and guarantees of an employment contract cancellation, from where it is possible to decide about the scale of a problem and possibilities of juridical regulation and not to analyze all problems. Analysis of legislation, which fine-tunes institute implementation of limitations and guarantees of an employment contract cancellation, is realized at work while applying the system analysis, logic analysis, comparative, comparative historical, statistical and theological methods. In consideration of that, master work is being prepared with reference of Constitution of the Republic of Lithuania, Labor Code, Code of civil procedure, laws, bylaws, international provisions and provisions of the European Union legislations. Also, there are some references to scientific literature and jurisprudence in this thesis. Ma thesis consists of introduction and three body parts. There are formulated conclusions and given offers at the end of the work. The term of employment contract cancellation is briefly analyzed in the first part of the thesis analyzing the essential elements of this conception and significance in labor law. The conception of limitations and guarantees of an employment contract cancellation is given while analyzing their juridical origin. The second part of the thesis consists of limitation of an employment contract cancellation for juridical regulation. The limitation of an employment contract cancellation is analyzed within theoretical and practical possibilities of labor law implementation. The juridical regulation peculiarities of separate guarantees of an employment contract cancellation are analyzed in the third part. The author gives the most important aspects of juridical regulation, emphasizes the author’s opinion, problematic questions and gives some suggestions while analyzing legal act, which fine-tunes implementation of different limitations and guarantees of an employment contract cancellation. |
