| Abstract [eng] |
Termination of Employment Agreement on the Initiative of the Employee In this master‘s thesis is examined termination of employment contract by em-ployee’s initiative without and with significant reasons theoretical and practical applica-tion in Lithuania‘s labour law. This work consists of three parts. The first part overviews the basics of termina-tion of employment relationship, their qualifications, as well as discussing one of the ba-sis for termination of the employment contract – aspects of termination of employment contract by employee’s initiative. The second part begins with examination of the employee request as the ground to terminate employment contract. Analysis of the employee‘s will as an essential element that leads to validity of the employee dismissal by termination of employment contract by employee’s initiative without significant reasons, discussing case law formed precedents. The second part concludes in detail analysis of termination of employment contract by employee’s initiative without any significant reasons, period of notice and order of cur-rent and previous regulations. The last part describes problems of termination of employment contract by em-ployee’s initiative given significant reasons. The new Labour Code extends the list of significant reasons which allows termination of employment relationship by employee’s initiative. This list in comparison to previous regulation is finite. Thus, there are left no other reasons, such as employers’ non-fulfilment of obligations to the labour contract or non-fulfilment of collective agreement which can be recognized as significant reason that leads to termination of employment contract on the ground of examination. The aim of this master’s thesis is to evaluate after analysis of termination of em-ployment contract by employee’s initiative whether the legitimate interests of both the employee and the employer are secured by terminating the employment relationship on this ground. Having analysed the termination of the employment contract without significant reasons and with significant reasons, it is concluded that the Labour Code provides suffi-cient guarantees for both employer and the employee terminating employment contract on the ground of examination, and the case law focuses on ensuring balance between the interests of the employee and the employer. |
