| Abstract [eng] |
The master's thesis analyzes the topic of posting of workers in the European Union, which examines the relevant national legislation of the European Union and Lithuania, the doctrine of foreign and Lithuanian legal scholars and the case law formed by the Court of Justice of the European Union and the Supreme Court of Lithuania. The paper reveals the legal regulation of the posting of workers in the European Union and its consistency, changes and issues. The concept and features of posting of workers at the level of both the European Union and the Republic of Lithuania are presented. The paper presents the forms of posting workers in the European Union. The legal instruments and basis for the posting of workers are revealed. These legal instruments are mainly analyzed and evaluated in the light of the relevant case law of the Court of Justice of the European Union and the conclusions of foreign legal scholars in the doctrine. Accordingly, the aims of the legal instruments and the legal issues arising from their application in practice are revealed. The paper examines the legal situation of a posted worker in the European Union and its changes in the changing legal framework of the European Union. The legal position of a posted worker in the European Union is mainly examined in terms of the protection of posted workers' rights and essential working conditions. In addition, the legal position of the posted worker is compared in terms of legal regulation and the more favorable one is revealed. Factors determining the change in the legal status of the posted worker are presented. The paper evaluates the implementation of the Posting of Workers Directives in Lithuania and examines the accuracy of transposing the provisions of these directives into national law. The paper concludes that the current legal framework in the European Union strikes the right balance between the freedom to provide services, fair competition rules and the fair protection of posted workers' rights. |
