Legal Framework Regulating Termination of Employment Relationship and Its Challenges in the Republic of Latvia. Summary of the Doctoral Thesis

Abstract

In the framework of the doctoral thesis, the legal regulation of termination of employment legal relations and its problems in the Republic of Latvia were analysed. The novelty of the research is that the current legal regulation in the Republic of Latvia of termination of labour rights, especially, employment legal relations, has not been advanced. Failure to advance the legal framework creates problematic situations where disputes of employers and employees are being made regarding which rule of law to apply. At the same time, in the courts of general jurisdiction, there are a different interpretation of legal norms, which results in the creation of different and unequal judicial practice and there is a dissonance between the termination of employment legal relations regulated by the Labour Law and the application of judicial practice. The aim of the doctoral thesis is to research the problems regarding the termination of employment legal relations in the context of the social function of Labour law, as well as to provide theoretical and practical proposals for problems that were identified. The legal concepts, according to which the termination of the legal employment relationships are traditionally rooted in the individual understanding of the legal subject (both employer and employee) about their rights, ignore the social aspects of this issue, that affects a much wider range of legal subjects – legal concepts are not focused on the social function of Labour law. This research confirms that currently incompletely used potential of the social function of labour law, creates disputes about the labour, that, in general, affects countries stable social – economic development. The necessity to study labour law and, specifically, the termination of employment legal relations in the context of the potential of the social function, has been caused by a number of current issues related to the termination of employment legal relations, that requires immediate legal solutions for modern society needs. It is necessary to improve the process of implementing notices between the employer and the employee, that is, to eliminate the possible shortcomings of the legal framework in order to reduce the possibility of mutual disagreements between the employee and the employer in cases of termination of employment legal relations. The issue of the termination of employment legal relations in various aspects is vividly identified in the will and notices of the employer, as a socially responsible person, based on the circumstances related to the employee’s behaviour. On the other hand, the research of the reasons for the termination of employment legal relations shows the interaction of labour law with the legal regulation of labour protection, including the problems of the working environment. The problems identified in this doctoral thesis are based on deficiencies and inaccuracies in legislation and the modern worlds transformed understanding of the mechanisms of termination of labour rights. The legal regulation of the termination of employment rights has not been modernized, but the legal system has been supplemented with legal acts that temporarily have a significant impact on the social aspect of the termination of legal relations. Termination of employment legal relations does not take place in an isolated environment, they are subject and have applicable laws that regulate employment issues in a broader sense, such as human capital issues, silver economy, entrepreneurship, sustainable development of the national economy and others. The legislative amendments proposed by the author, would ensure that the legal norms regulated by the Labour law would be interpreted equally by both parties – employers and employees, as well as by courts of general jurisdiction. Authors proposed legislative amendments would solve that there will be fewer disputes between the employer and the employee in cases of termination of the employment legal relationship, while court practice would be created more equally.