Termination of Employment Contract without Notification, when Employee Outrageously Violates Labour Duties
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Abstract
There are lot of changes in regulation of dismissal of employees in the new Labour Code in comparison with the old Law on the Employment Contract.
The article reviews the grounds of termination of employment contract without notification, in case of outrage violation of labour duties, under the Labour Code of Republic of Lithuania. It is still very unclear how it will be applied in practice. Nearly all the rules in labour law are new. Here we found the actuality of this article.
It is important to accent that Labour code provides that the employment contract can be terminated only for valid reasons. Only the circumstances, which are related to the qualification, professional skills or conduct of an employee, shall be recognised as valid. Moreover, an employment contract may also be terminated on economic, technological grounds or due to the restructuring of the workplace, as well as for other similar valid reasons. In such a case there must be given a notice for employee in accordance with the procedure established in the Labour Code.
Also an employment contract must be terminated without notice in cases mentioned in the Labour Code.
From the practical point of view this problem is still not enough analysed (except some aspects). Unfortunately, only theoretical issues are discussed and it is because there is still no court practice.
Considering the extent of this paper there was no goal to mention all the circumstances of dismissal in case of outrage violation of labour duties.
We find that understanding of theoretical backgrounds and explanation of the provisions of the Labour Code will accordingly form the court practice. In this article we try to discuss how we understand these provisions.
The article reviews the grounds of termination of employment contract without notification, in case of outrage violation of labour duties, under the Labour Code of Republic of Lithuania. It is still very unclear how it will be applied in practice. Nearly all the rules in labour law are new. Here we found the actuality of this article.
It is important to accent that Labour code provides that the employment contract can be terminated only for valid reasons. Only the circumstances, which are related to the qualification, professional skills or conduct of an employee, shall be recognised as valid. Moreover, an employment contract may also be terminated on economic, technological grounds or due to the restructuring of the workplace, as well as for other similar valid reasons. In such a case there must be given a notice for employee in accordance with the procedure established in the Labour Code.
Also an employment contract must be terminated without notice in cases mentioned in the Labour Code.
From the practical point of view this problem is still not enough analysed (except some aspects). Unfortunately, only theoretical issues are discussed and it is because there is still no court practice.
Considering the extent of this paper there was no goal to mention all the circumstances of dismissal in case of outrage violation of labour duties.
We find that understanding of theoretical backgrounds and explanation of the provisions of the Labour Code will accordingly form the court practice. In this article we try to discuss how we understand these provisions.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
