| Abstract [eng] |
In this master 's thesis the main aspects of posting institute is analysed, such as the concept of posting, related guarantees and reservations, related problematic aspects and specifics of posting problematic employees. The main aspects of the posting institute are analysed in accordance with the normative legal acts of the European Union and the Republic of Lithuania and case law. The thesis analyses the issues of application of the law, reviews the existing regulatory problems and other general issues related to the posting institute are also overviewed such as types of posting, duration, formalization, applicable guarantees, reservations, wage and per diems guarantees, and an overview of the legislation governing the specificity of posting of long-distance drivers and temporary staff. The first part of the master 's thesis reviews the legal regulation of posting, revealing this regulation through the concept of posting and the features of posting in this concept, i.e., duration and regularity. Accordingly, thesis clarifies that in determining whether a person is posted, it is necessary to determine the place of performance of the work, ie whether the work will be performed on a permanent or non-permanent basis, and the duration of those responsibilities. Together, these two aspects are essential criteria for determining whether a person is on a posting and distinguishing the posting institute from mobile work. The second part of the master's thesis reviews and analyses the aspects of guarantees, compensations and exemptions applicable to posted workers. Guarantees, exceptions and limitations to wages and per diems paid to posted workers are also analysed. This part of the master 's thesis is analysed through the posting of workers directives, which provide and establish basic reference guarantees for posting (standards for the legal protection of workers) and exemptions. The third part of the master's thesis is devoted to the problematic aspects of the posting institute, such as the separation of the posting institute from mobile work, the problems of posting long-distance drivers and the review of the posting of temporary staff. |
