| Abstract [eng] |
Termination of an employment contract on the initiative of an employer in Labour code is quite clearly and precisely regulated. Employers termination of an employment contract is guided by uncommonly, compared with other Labour Code provided termination of an employment contract ways. Employment contract an employer may terminate the dismissal of an employee from work without any fault, or with, as well as on the basis of the probationary period the employee achieved unsatisfactory results. However dismiss employee not for his fault employer cost more time and financials, so employer has to assess whether a particular case with the employee to terminate the employment contract on this basis in connection with valid reasons or exceptional circumstances. Lithuania court practice approach termination of an employment contract on the initiative of an employer perspective from the Labour code accepting day has been systematically developed and interpreted by analyzing specific cases relating to the employer initiative of termination of the employment contract. Supreme Court of Lithuania judges senate as early as 2003 and in 2004 presented some explanations, how in Labour code provided provisions must be explained and evaluated not only for court in specific cases, but also for the employers, that they have to properly understand that employment contracts with employees should be terminated in accordance with the termination of all those inherent to both the legal framework and the same procedure of termination. Of course, employers do not always comply with norms of the law, but the courts, and especially the first instance, followed the Lithuanian courts and takes development practice and its distinguished features. However, in recent years the courts reach less disputes, there the employee would be breach of the rights of the judicial path to defend on the initiative of the employer is not properly expressed in terms of the termination of the contract of employment, but for this reason alone the courts of Lithuania to pick out the features do not become less important. In the light of the entry into force of the new Labour Code provided for suspense as these courts distinguish features of interest in the future, because the new Labour code amend the existing provisions of the law relating to the termination of employment contracts on the initiative of the employer, together with the characteristics of the judicial practice. |
