Darbo sutarties nutraukimas darbdavio iniciatyva, kai nėra darbuotojo kaltės ; Termination of employment contract at the employer's initiative without employee's fault

Abstract

TERMINATION OF WORK CONTRACT ON EMPLOYER'S INITIATIVE WHEN THERE IS NO EMPLOYEE'S GUILT Mažvydas Aliukonis Vilnius University Faculty of Law SUMMARY Present master's thesis examines the termination of work contract on employer's initiative when there is no employee's guilt in accordance with the Labour Code of the Republic of Lithuania, which has come into force on January 1st, 2003. The presented master's thesis comprises the opening, five parts and conclusions, which include the analysis of the termination of work contract on employer's initiative when there is no employee's guilt conceptions and historical development, the reasons of the termination of work contract, applied restrictions and guarantees in case of the termination of work contract. Separate part provides the analysis of requirements to the employer under the employee redundancy, as well as dissensions regarding the terminations of work contract on employer's initiative when there is no employee's guilt, regulation in labour laws. In order to perform a comprehensive analysis of the issues, courts' practice is being carried out; equally the examples of civil cases are provided in the presented paper. Considering and implementing the raised issues in master's thesis, legal acts of international Labour Organization are widely used in the provided examination, additionally the view of comparative aspect of some labour laws in foreign countries; likewise is given an indication of similarities and distinctions of legislation regulation under the consideration. In recognition of termination of work contract on employer's initiative when there is no employee's guilt some of provided provisions in the Labour Code do not fully conform to the international legal acts' provisions; I have reached a decision that regulation of most legal acts in the laws of the Republic of Lithuania is coordinated with legal acts of the European Union and ILO.