Abstract
The relevance of this study. A person spends most of his time working, i. y. at the same time, having an employment relationship which obliges him to perform the work stipulated in the employment contract, it is nevertheless essential that employers ensure adequate rest periods for employees and do not violate the requirements for maximum working hours and minimum rest periods. The right of a person to have adequate rest is one of the constitutional human rights, which is enshrined in Article 48 of the Constitution of the Republic of Lithuania, which provides that “every working person has the right to rest and leisure, as well as annual paid leave” [1]. International law also reveals the importance of this human right. Article 31 of the Charter of Fundamental Rights of the European Union (Charter). 2 d. [2] provides that "every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave". 2003 November 4 Directive 2003/88 / EC of the European Parliament and of the Council on certain aspects of the organization of working time, adopted in 2003, also lays down minimum safety and health requirements for the organization of working time regarding daily and weekly rest periods and breaks [3]. Regarding the regulation of rest periods at international level, mention should also be made of the International Labor Organization (ILO) conventions and the adoption of recommendations setting weekly rest periods for certain categories of workers [4]. The main problem. The interpretation and application of the norms related to the determination of rest time and the problems arising from it are assessed in three ways: firstly, the practice of interpreting and applying the rules governing working and rest time is not well developed and unclear. secondly, the employee, as a weaker party to the employment relationship, cannot protect himself from improper organization of rest and working time, for example, employers abuse the employee's trust and do not give employees raising children the benefits they deserve, i. y. additional rest days. thirdly, the abuse of the position of employers by forcing employees to work overtime or on public holidays, thus preventing the employee from complying with the statutory minimum rest requirements, is also problematic. The following tasks: 1. To define the concept of rest time and social significance. 2. To examine the mechanism of legal regulation of rest time. 3. To analyze the rulings of selected courts in cases where a dispute arises regarding the legal regulation of rest time and its implementation. 4. To identify the main problems of the legal regulation of rest time and to submit proposals for the improvement of the legal situation. The aim of this work to analyze the problems of legal regulation of rest time from the point of view of labor law. The paper concluded aannual leave and the compensation paid for it in the event of termination of employment are another problematic issue encountered in case law. In the event of dismissal, the employee seeks a declaration that the dismissal is unlawful and, on that basis, an award of compensation for unused annual leave to which he would have been entitled if the employment relationship had not been terminated. The novelty Although there are quite several scientific articles and research analyzing the work-life balance, the novelty of the topic is that this work will reveal only the peculiarities of legal regulation of rest time in Lithuania and Turkey, as well as problems arising from rest regulation. As the result problems with the regulation of rest time at international level arise from reasons such as the abuse of rest breaks by employees, the payment of compensation for unused paid annual leave, and the inclusion of rest time in working time. The used methodology document analysis, systematic analysis, comparative, logical-analytical method, and generalization methods
Highlights
In the event of dismissal, the employee seeks a declaration that the dismissal is unlawful and, on that basis, an award of compensation for unused annual leave to which he would have been entitled if the employment relationship had not been terminated
Statement of the problem The interpretation and application of the norms related to the determination of rest time and the problems arising from it are assessed in three ways: firstly, the practice of interpreting and applying the rules governing working and rest time is not well developed and unclear. secondly, the employee, as a weaker party to the employment relationship, cannot protect himself from improper organization of rest and working time, for example, employers abuse the employee’s trust and do not give employees raising children the benefits they deserve, i. y. additional rest days. thirdly, the abuse of the position of employers by forcing employees to work overtime or on public holidays, preventing the employee from complying with the statutory minimum rest requirements, is problematic
The concept of rest time is derived from the concept of working time and means that every employee is guaranteed by law the time during which he or she is not obliged to perform the work functions equivalent to an employment contract
Summary
Statement of the problem The interpretation and application of the norms related to the determination of rest time and the problems arising from it are assessed in three ways: firstly, the practice of interpreting and applying the rules governing working and rest time is not well developed and unclear. secondly, the employee, as a weaker party to the employment relationship, cannot protect himself from improper organization of rest and working time, for example, employers abuse the employee’s trust and do not give employees raising children the benefits they deserve, i. y. additional rest days. thirdly, the abuse of the position of employers by forcing employees to work overtime or on public holidays, preventing the employee from complying with the statutory minimum rest requirements, is problematic. It is recognized that an employee, as a weaker party to an employment relationship, cannot protect himself, both economically and socially, from excessive physical or mental fatigue, exploitation [5], abuse by employers by illegally allocating overtime to employees, without limiting and controlling their working hours and without adequate remuneration [6]. All these reasons lead to the need to create and establish an effective system of the right of employees to the necessary rest and leisure at the state level. The aim of the research to analyze the problems of legal regulation of rest time from the point of view of labor law
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