DARBUOTOJO IR DARBDAVIO INTERESŲ DERINIMAS NUTRAUKIANT DARBO SUTARTĮ LIETUVOS TEISMŲ PRAKTIKOJE

Abstract

The effective regulation of the termination of an employment contract ensures the balance of interests between the legitimate interests of an employer and employee and, accordingly, the smooth functioning of the labour market. While the grounds for the termination of an employment contract and rights and duties of employer and employee during this procedure are substantially regulated in the Labour Code, statutory law is not sufficient. An important role is played by the Lithuanian case law which establishes new additional conditions for the termination of an employment contract, which are not directly indicated in the Labour Code. It is the aim of this article to identify these new additional conditions and their relevance to the legitimate interests of an employer and employee. The article analyses the case law of the Supreme Court of Lithuania from 2003 to 2013, which was produced in the legal disputes concerning the termination of an employment contract by agreement between the parties, upon the expiry of an employment contract, upon the notice of an employee and upon the initiative of an employer.