| Abstract [eng] |
Procedural Violations as a Basis for Recognizing the Disciplinary Penalties as Illegal Article 236 of Lithuanian Labour Code stipulates that the violation of labor discipline is a failure to perform or improper performance of work-related duties of the employee's fault. If such violation is found, it enables employer to impose disciplinary liability upon an employee who has committed the violation. Disciplinary responsibility entails an imposition of disciplinary penalties laid down in regulatory acts. The employer, when imposing disciplinary sanctions, must comply with the statutory procedures, such as evaluating relevant circumstances of a breach of work discipline, receiving a written explanation of employee, as well as, when it is provided by law, obtaining a prior consent of the relevant body. Moreover, in accordance with the procedural requirements, disciplinary penalties applied by the employer must be proportionate and established in accordance with regulatory acts, properly executed and introduced to employee. When imposing disciplinary measures the employer must comply with the terms of their appointment. Failure to comply with this procedure may result in legal consequences for both employee and employer, since procedural infringements of disciplinary sanctions may lead to declaring the penalties imposed illegal. This thesis analyses the most common procedural violations carried out by the employer in the field of disciplinary sanctions. What is more, it identifies and categorises procedural violations, leading to declaring disciplinary penalties illegal, in accordance with existing legislation and national case law. |
