| Abstract [eng] |
The object of this Master’s graduation thesis is the institute of material liability in labour law, its concept (not only in the currently effective Labour Code, but also in its new version to enter into force), conditions for its emergence, and analysis of independence and significance. The objective is to establish peculiarities and legal regulation of material liability in the legal system of Lithuania. As a result of the analysis of scientific literature and study of normative regulatory legal acts and case law, it has been established that the specificity of the institute of material liability is indisputable and that specific rules apply in dealing with matters of material liability. It is understood as an independent type of liability, for the emergence of which the general conditions for liability, which are also attributable to civil liability, are not sufficient. In order to enable the individualisation of material liability, in additional to general conditions, special conditions are also required. The institute of meterial liability, as well as for labour law as a whole, is characterised by continuous evolution. The new version of the Labour Code of the Republic of Lithuania, which will enter into force on 1 July 2017, will bring many innovations and changes that will alter the regulation of the institute under consideration. This thesis specifically determines the main innovations and deals with the issue of the approximation of material liability with civil liability. The issue of the independence of material liability is addressed and the problem of the significance of this institute is raised specifically due to this approximation. It should be noted that the substantiation of significance is examined through separate relations, such as material liability in respect of employees and material liability of managers. Also, the issues of material liability are dealt with in the legal relations of labour leasing and civil service and it is concluded that in some relations, the institute of material liability is necessary in order to avoid the unjustified domination of one party to labour relations and dependence of the other, while in others, relations could be properly settled by the provisions of civil law alone. |
