| Abstract [eng] |
Master's thesis analyzes the differences of dismissal cases when the employment contract is terminated on disciplinary grounds and on employer’s initiative without the employee's fault. The master's thesis consists of an introduction, three parts and a conclusion. The first part of master’s thesis discusses the theoretical issues, concepts related to the topic of master’s thesis, historical development of dismissal regulations in the Republic of Lithuania. The first part also focuses on Labour code of the Republic of Lithuania, which came into effect on 1 January 2003 and its provisions. The second part of master’s thesis discusses the reasons leading to the dismissal on disciplinary grounds and on grounds, which are not related to the employee’s fault. The second part of master‘s thesis also provides the analysis of the jurisprudence of the Supreme Court of Lithuania and the conception of breach of labour discipline, gross breach of work duties and significant reasons for dismissal. While recognizing that employee’s behavior can become an object of dual legal assessment, special attention is given to the problems related to distinction between employees behavior as a breach of labour discipline and as a significant reason for termination of employment contract without employee‘s fault. The third part of master’s thesis deals with procedural requirements in relation to different types of dismissal. Considering the topic of master’s thesis, great attention is given to determine the influence of different types of dismissal on the procedural requirements, on the restrictions on termination of employment contract and on the statutory guarantees for particular groups of employees. This part also deals with issues related to the dismissal costs. Based on the analysis of the topic, at the end of the master’s thesis the conclusions are presented. Summarizing the findings of master’s thesis, it can be said that dismissal on disciplinary grounds and on employer’s initiative in the absence of the employee’s fault are two completely different types of dismissal, which has direct influence on the dismissal costs, the procedural requirements and on the statutory guarantees for particular groups of employees. |
