| Abstract [eng] |
The Master's thesis examines the Institute of Suspension of the Republic of Lithuania to clarify the clarity, application of its legal regulation, practice and efficiency in the context of protection of employees and employers in accordance with various regulations (Law on Employment Contract, Old (2002) and current (2016) by the Labor Code of the Republic of Lithuania Constitutional, Supreme Court and lower instance jurisprudence and scientific articles or other information sources). The aim is to clarify which norms of the law are in practice in practice. According to the Supreme Court and the constitutional jurisprudence, the information is argued and the provisions of the legislature are substantiated. The Institute for suspension of the employment contract is one of the most effective means of regulatory tools for labor law in order to flexibility, stability and continuity of employment relationships. The work in detail the grounds for suspension of the employment contract, both on the initiative of the employer and the employee, analyzed the procedure, and the consequences revealed related to the proper and inadequate application of the institute. The concept of the institute was revealed, its history, and as the institute changed, expanded and was filled in the regulation of legal gaps. Although the regulation is detailed and is essentially in line with international standards and EU directives, there are still problems in practice, especially those related to procedures, interpretation of the basics and remote work. Case law shows that the misapplication of this institute may lead to disputes, and the legal regulation of the gaps promotes the courts to apply general principles of law. The investigation has confirmed that suspension of an employment contract is an important and effective alternative to termination of an employment contract and can be effectively applied to resolution of employment relationships, but it is important to further interpret its application and to ensure the balance of rights and obligations to both parties. |
