| Abstract [eng] |
Employer's obligation to pay wage arises naturally from employment relationship. Receiving wage is the most important social guarantees for employee, which ensures a secure standard of living. Although today wage is not the only reward, which employee receives in exchange for the work completed, but it still remains one of the most important. The primary piece of legislation regulating the payment of wage in Lithuania is the Labour Code. According to Article 186 of the Labour Code, the wage is compensation for work performed by employee under employment contract, which is payable in cash. The obligation of wage payment is resulted by the nature of employment contract. The amount that shall be paid and payment terms are defined by mutual agreement, and certain minimum standards are laid by legislation. Wage is a periodical payment and when this payment which belongs to employee is not paid on time, whether in whole or in part, it shall be treated as a violation of employee’s rights. For failure to implement employer’s obligation to pay wage in timely manner, there are sanctions for the employer established in the Labour Code, namely, the average salary for the time delay (Article 141 of the Labour Code) and interest (Article 207 of the Labour Code). In this thesis based on selected aspects of the aforementioned sanctions for failure to pay wage in timely manner will be analysed. Furthermore, application of these sanctions in the Lithuanian Supreme Court case law, problems arising from application and solutions for these problems will be discussed. The thesis consists of three parts: a) legislation concerning payment of wage (in this part the importance of wage payment and legislation at the international, regional and national level is overviewed); 2) sanctions for failure to pay wage in timely manner (in this part legislation concerning sanctions and main problems arising from it is analysed); 3) problems arising from application of legislation concerning sanctions (in this part main problems found in case law and examples of problem-solving techniques are discussed). |
