| Abstract [eng] |
Problems of Application of Employee‘s Full Material Liability The rapid development of market economy development affects social relations, which are inextricably linked to person’s activity freedom, private property and the labour market. Accordingly, there is always a risk in the labor market, that between labour parties dispute may arise due to the caused damage. In the Lithuanian labour law as one of the subspecies of the material liability there is established full pecuniary liability of employee institute, which determines the general principles and norms dealing with the dispute due to material responsibility between the employee and the employer. In order to protect the employee, as the weaker labour relation party there is general rule, according to which the employee's liability is limited. However, in some cases the law provides full pecuniary liability of the employee. Full pecuniary liability institute developed through two phases - in 1972 there was first attempt to regulate material liability, however quite superficialy. Next followed the labour law reform, which resulted the adoption of the current Lithuanian Labour Code. Labour Code reform respectively resulted full pecuniary liability regulatory changes. This master's thesis goal is to analyze theoretical and practical aspects of the full pecuniary liability of employees in Lithuania and it is application problems, to provide possible solutions for the improvement of the institute. In order to answer the questions dealt with the established goals of full pecuniary liability of employees institute in Lithuania, the author of this master investigates regulatory application problems and suggests solutions for the application problems. In the end it is concluded that full pecuniary liability institue has legal and systematic lack of interoperability. Master thesis concludes that the case law and legal doctrine formulated rules of the full pecuniar liability, which should be adjusted to the statutory level. A more detailed analysis of the institute reveals the adjustment and replacement necessity of the relevant provisions in the Labour Code. In some cases, it is advisable to deregulate or on the contrary - to supplement the Labour Code standards. To summarize, the full pecuniary liability of employees is adjusted properly, but according to the analysis there is necessity to solve legal problems that are commonly found in the practice and to which the Lithuanian courts has to deal with. |
