| Abstract [eng] |
LIMITED PECUNIARY LIABILITY OF EMPLOYEES Liability regulations of an employee, as the weaker party in legal labour relationships are very important in order to ensure a full range of human right guarantees and prevent unjustified and solely personal dominance of an employer, as the stronger party in labour relationships. The main aim of regulations on the limited material liability of an employee is to prevent an employee from carrying out exceedingly high liability requirements unless the violation of law that caused the damage is very heavy. The aim of this research work is the applicability of regulations on the limited material liability of employees within Lithuanian legal system likewise analysis of applicable issues of legal liability. The object of this research work is to determine the basis for the limited material liability of employees through a thorough and detailed study and the mechanism of its applicability to the legal doctrine and judicial practice. The research work on the material liability of employees is based not merely on the legal regulation research in accordance with Lithuanian law, but also on the comparison of liability regulations of this type that are applicable in Lithuania and in various foreign countries. When the Labour Code entered into force, regulations on the material liability of employees have changed compared with the regulations on the material liability of employees in accordance with the Labour Code of the Republic of Lithuania that were applicable at that time. As a result, the research work covers the comparative analysis of legal provisions, determining the regulations of the material liability of employees that were applicable before and after the Labour Code entered into force. In order to investigate practical aspects of applicability of regulations on the material liability of employees, a great attention has been attached to the judicial practice of the limited material liability of employees, indicated by the Supreme Court of Lithuania as well as analysis of amendments, adopted by the Court of Cassation that is related to the amendments of legal regulations on the material liability in normative legal acts after the Labour Code entered into force. The provided conclusions generalize theoretical and practical aspects of the material liability of employees. |
