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Terminating an Employment Contract at the Employer’s Will: Does Expensive and Simple Mean Safe? Lithuanian Model Cover

Terminating an Employment Contract at the Employer’s Will: Does Expensive and Simple Mean Safe? Lithuanian Model

Open Access
|Feb 2024

Abstract

This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer’s will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither new nor safely applicable, and the benefits of relatively simplified procedural requirements do not outweigh increased financial burden. To reveal the impact of statutory amendments in question on the regulation of termination of employment relations in Lithuania, the historical background and the impact of obligations established in international documents on it are assessed, key indicators (such as legal grounds, procedural requirements, burden of proof and order of its distribution, etc.) are identified, and the relevant case law is examined.

Language: English
Page range: 47 - 63
Submitted on: Sep 11, 2023
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Accepted on: Nov 27, 2023
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Published on: Feb 26, 2024
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2024 Marius Bartninkas, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.