| Abstract [eng] |
Work and Rest Time : Tendencies and Problems in Court Practice The legal institute of work and rest time is one of the main components of labour law in between which optimal balance in order to ensure social equity and the balance of interests’ of employee and employer must be reached. In order to ensure the balance between work and rest time it is necessary to ensure appropriate legal regulation and implementation of such regulation of work and rest time. Taking that into account, national and international case law, as well as principles regulating work and rest time that are established in international legislation has a great impact in resolving the problems related to regulation of work and rest time. An overview of fundamental problems related to regulation of work and rest time, as well as position in solving such problems in case law is given in this master thesis. Considering that legal institute of work and rest time is very complex, in this master thesis only some of the key work and rest time sub-institutes, that in author’s opinion are the most problematic and worthy of discussion, are analyzed in this master thesis. The uncertainty of work and rest time concept, interpretation of maximum average working time concept problems, overtime, standby, features of guarantees given during the annual and special leave can be named as the main problems, related to regulation of work and rest time. After reviewing and evaluating, the problems related to regulation of work and rest time in Lithuanian and European Union Court of Justice meaningful elucidations, on the basis of which the above mentioned problems are solved, and taking into consideration the newest alterations in regulation of work and rest time, it is concluded in this master thesis, that the problems of work and rest time regulation are being resolved by reaching a unified regulation throughout the European Union of work and rest time regarding to international law acts that regulates this area of law. |
