| Abstract [eng] |
An institute of gross violation of job duties in labor law is very important because it gives a right for an employer to inflict the strictest disciplinary penalty to an employee for gross and only once work discipline violation – dismissal from work. This study of master’s degree analyzes the institute of gross violation of work discipline; it establishes and separates some marks, which allow considering the violation of work discipline as gross. The definition of gross violation of work discipline fixed in the Labor Code of the Republic of Lithuania is not comprehensive. Beside the list of violations, which are being considered as gross, fixed in this code is an exemplary only because some violations occur in practice very rare or does not occur at all. A legislator causes various problems due to the right violations’ application, leaving a possibility other violations that are not regulated in the aforementioned list to admit as gross violations of work discipline. Thus, it becomes important to establish and separate some marks, which would define the concept of gross violation of work discipline in detail. The research analyzes the concept of work discipline violation, revealing the marks of gross violation of work discipline; it establishes some marks, which separate gross and ordinary violation of work discipline. The study establishes some criteria by using of historical method, which determined the legitimation of gross violation of work discipline and analyzes labor law acts in foreign countries, which regulate similar violations of work discipline by using of a comparative method. The research separates the marks of the aforementioned violations, which are being applied in practice but not regulated in the Labor Code of our State, with the help of law practice and scientific literature. The master’s degree study reveals the changes, which would appear in respect of the remarks of gross work discipline violation in case of adoption of this law by comparing currently valid Labor Code of the Republic of Lithuania with a prepared project of this code. The study analyzes gross violations of job duties in detail, establishes ordinary and special remarks, which they should correspond to, and separates the factor, which becomes decisive in admitting work disciplinary violation as gross. The biggest attention in the master’s degree study is being paid for the establishment of the remarks, which are essential in admitting work disciplinary violation as gross. |
