| Abstract [eng] |
This Master's thesis analyses the sanctions for breaches of labor laws on the basis of the normative legal acts of the Republic of Lithuania and the European Union, the case law and the scientific literature. The first part of the thesis analyses the concept of a sanction, which can be described as the state's response to the actions of individuals who violate labor laws. It also identifies the main objectives of the sanction and the existence of a causal link between the breach of labor law and the sanction. The second part deals with the sanctions imposed on the employer as the responsible entity, distinguishing between administrative and criminal sanctions. The work also discusses the measures of sanctions that are imposed on the responsible entities, while emphasising the distinction between measures of sanctions and sanctions due to their different nature. The analysis of the case law raises the problematic issue of the application of the non bis in idem principle, highlighting specific examples where sanctions are applied alongside measures. In addition to the sanctions and sanctions measures analysed, the work also identifies the main and controlling institutions that implement and contribute to the sanctions policy. The analysis of the sanctions applied to employers shows that the most common sanction applied to employers is a fine, and that the main body responsible for monitoring the Labor Code and other labor laws is the Labor Inspectorate. The third part of the thesis analyses the sanctions that are applied to employees. The work emphasises that the number of sanctions imposed on employees is significantly lower than those imposed on employers, thus underlining one of the fundamental principles of labor law that the employee is considered the weaker party in the employment relationship. In order to clarify the topic further, it has been chosen to look more broadly at the sanctions applied to mobile workers for breaches of work and rest regimes. |
