| Abstract [eng] |
The author analyses one of the most often phenomenon in the labour market – harassment and stress at work. After careful assessment of documents adopted by international organisations (WLO, WHO), EU law provisions and taken into account that health shall be protected as a physical, social and emotional welfare of the every person, the author gives an analysis in respect of legal regulation (considering theoretical background as well). The first chapter is devoted to analysis of characteristic of harassment and stress aw work, its definitions and understanding that it is established in scientific literature, international documents, EU legislature and regulation of the Republic of Lithuania. In the second chapter the author analysis what are the main measures that enable to limit stress and harassment at work. It covers not only an assessment of statutory law, but also the practice of Lithuanian courts and collective agreements that provide requirements in respect of stress and harassment at work. European states’ experience is provided in the third chapter (i.e. how the particular states regulate measures which can be used in order to cope with infringement of rights of employees’). Considering this, the author provides his own suggestions how legislative bodies may contribute to exclusion of harassment and stress at work. Finalising his work, the author provides conclusions and recommendations why some Lithuanian law provisions not comply with general perspectives of labour market and standards of employees’ protection. The author pays attention that current Lithuanian regulation is focused on protection of physical welfare of the employees. But there is no discussions and legal regulation in respect of social and emotional welfare as two of the most important elements of personal development (under WLO, WHO documents and provisions of the Law on Health System of the Republic of Lithuania). Therefore, the author gives some suggestions how to supplement the new Labour Code in order to guarantee the effective defence of the employees that face with stress and harassment at work. The author suggest that the employer shall be liable without guilt if the employer infringes the obligation to ensure that the employee will not have the experience of harassment or stress at work. In this way the burden proof shall be seen as proportionate and would be considered as preventive measure in order to cope with harassment and stress at work. |
