| Abstract [eng] |
Master thesis analyzes both international and national regulations of annual leave and the peculiarities of its implementation in the Republic of Lithuania labour law. This research reveals the definition of annual leave and the principal attributes, which separate this right from other periods of rest. Is if found, that The right to annual leave is subject to standarts, established both in national and international laws, which must upheld when regulating conditions for the exercise and implementation of aforementioned right. The author draws notice to the problematic aspects of grant, transfer or extenson and remuneration of annual leave and makes proposals for the improvement of such regulations. Systematic analysis provides that minimal annual rest periods must be granted to all employees without consideration of their subjective characteristics. National legislator establishes progressive regulations regarding the estimation of periods for which the worker accumulates his right to annual leave, because even foreseeable circumstances, which reflect the workers will are accaunted. It is determined, that restrictions regarding the implementation of annual leave can be made only if the worker was granted an opportunity to exersize his right. Workers right to annual leave is ensured by allocating sanctions to employers for improper fulfilment of their duties regarding renumeration in advance. Evaluation of European Court of Justice jurisprudence reveals that provisions laid down by national Government relating to calculation of remuneration for annual leave are not suitable because they might discourage employees to take their annual leave and might encourage employers to abuse their rights. |
