Darbo santykių nutraukimas darbdavio iniciatyva nesant darbuotojo kaltės lankstumo ir saugumo aspektu
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This dissertation deals with the problems of legal regulation relating to the termination of labour relations on employer’s initiative without any fault on the part of an employee. Often the flexibility of labour relations is defined as the possibility to dismiss employees in a simpler way, although such presumption is not exactly true. The legal regulation of termination of labour relations on employer’s initiative reflects the level of flexibility of labour relations; however, it is also necessary to evaluate the other aspect of labour relations, i.e. security. The real value of legal regulation is directly related to the ensuring of the balance of flexibility and security in labour relations. In order to achieve this balance the collective agreements may play the significant role as the instrument for coordination of different interests. Furthermore, the state must be actively involved in the seeking of the coherence of flexibility and security; otherwise, the negative consequences of labour relations’ termination are simply divided between an employer and an employee. The flexibility of labour relations is also dependent from the procedures of termination of labour relations on employer’s initiative. The flexibility of rules of law on termination of labour relations depends from the complexity of such procedures. However, the procedures of termination of labour relations enable an employee to protect effectively and economically his right which was infringed. Nevertheless, sometimes the procedural breaches may become a formal ground to recognize the termination of labour relations as illegal, even in presence of serious reasons, and such situation does not satisfy the balance of interests of parties to labour relations and may endanger the same essence of the balance of flexibility and security of labour relations.