| Abstract [eng] |
This master’s thesis analyzes the payment of posted workers working abroad, by examining the findings of legal doctrine, case law interpretations, and legislation at both the European Union and national levels in the Republic of Lithuania, as well as the selected foreign countries of Germany and Belgium. Since the focus of this thesis is limited to a specific part of the posting institute, the general concept of posting is initially defined, and its fundamental elements are examined. Additionally, posting is compared with mobile work and categorized into various types and subtypes. This thesis specifically delves into the subtype of posting abroad for the provision of services, scrutinizing the concept of a posted worker working abroad and matters concerning the applicable law. The key features of the payment of posted workers abroad are highlighted, with an analysis of the payment's components, which include remuneration, payments for reimbursement of expenses incurred in relation to posting, and holiday pay. The legal regulation of each component of payment is examined, and the conditions for the payment of posted workers, as stipulated in different laws, regulations, and collective agreements, are compared. A substantial amount of attention is devoted to the specificities of payment for temporary agency workers, seamen, road transport drivers, and workers on long-term and limited duration postings abroad. Additionally, this thesis addresses questions of the employer's obligations and liability regarding payment for workers. |
