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    Legal Updates

    <<Go back |  Index
    Annex to Law Update (July 2002)
    Lideika, Petrauskas, Valiūnas & Partners
    July, 2002
    All articles
    <...>
    Disciplinary Liability

          The Labour Code abolishes one kind of disciplinary actions - severe reprimand, and provides a non-exhaustive list of rude violations of office duties for which a disciplinary action - dismissal from works – can be applied (until now the

          list has been finite). A rude violation of office duties shall be deemed a breach of discipline by which the provisions of laws and other legal acts, regulating the work of an employee, are directly infringed, or the office duties or the established work order are otherwise roughly violated. The non-exhaustive list

          of rude violations of office duties presented in the Code is as follows:

          1) impermissible behaviour with visitors or clients or other actions that directly impair the constitutional rights of people;

          2) disclosure of state, business, commercial or technological secrets or their divulgence to a competing enterprise;

          3) participation in activities which under laws, other regulatory legal acts, rules of work order, provisions of collective

          agreements or employment contracts are inconsistent with work duties;

          4) abuse of position in order to receive an unlawful income for oneself or other persons or due to other personal inducements, as well as arbitrary conduct or bureaucracy;

          5) infringement of equal rights of men and women or sexual harassment in respect of colleagues, subordinates or clients;

          6) refusal to provide information when laws, other regulatory legal acts or work regulations oblige to provide it, or

          provision of knowingly misleading information in such cases;

          7) act having the indications of theft, swindle, property embezzlement,

          illegal acceptance of remuneration, although no criminal or administrative liability has been imposed on an

          employee;

          8) the fact that an employee was under the influence of alcohol, drugs or toxic substances at work, except for cases when the intoxication was caused by the production processes in an enterprise;

          9) absence from work without justifiable reasons the whole day (shift);

          10) refusal to undergo inspection of one’s health when such inspection is obligatory for an employee;

          11) other violations, by which roughly breaches work order.

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