| Abstract [eng] |
Material liability due to infringement of the working relationship between one entity causes damage to another entity without work duties or performing them incorrectly. The main purpose of the material liability is to compensate material damage related to the work duties of another work subject by the law. Non - pecuniary damage in this case rarely rewarded in comparison. With regard to liability in the conditions of the new Labor Code, it provides us a model and should be noted, the final list of them - six necessary conditions for material liability as a whole and neither one of them is discriminated. Material liability in the legal literature is traditionally divided into the general and special conditions. Lithuanian Chamber of Supreme Court judges held that all these conditions are inseparable from one another in order to determine the material liability fact under labor law. In most cases, workers' material liability is limited. The employee must repay all the damage, but no more than the three average monthly salaries. Prior to the entry into force of the Labor Code recovered damages could not exceed a worker's average wage level. Limited material liability is always subject to the employee except for certain Labor Code in the cases, the worker must pay all the¬ damage. When the employee work is directly related to the material values, it may be composed of full material liability in the contract. In any case, the worker must respect the common rules of life and protect the assets entrusted to his employer, because this property is essentially the property of another person, under the Constitution of the Republic of Lithuania is intact, property rights protected by law. Recoverable amount of the injury consists of direct and indirect losses and lost revenue. In cases where damage was done intentionally, shall be reimbursed all of the damage. Damages set at a level to which the employer has a right of recourse against the employer for the employee the amount of damages. Labor dispute hearing body may reduce the amount of recoverable damages, having regard to the specific circumstances of the employee's material situation, but case law indicates that the recoverable amount of damages reduces the court has the hearing, because the work is usually the legal relationship between the entities has already been broken. Damages will be decided by the court, whose duty is to identify and order the same amount of damages, which would be based on a thorough and comprehensive assessment of the circumstances of the injury, and in recognition of the employee's view as a weaker part of the working relationship. |
