| Abstract [eng] |
The main points of this master’s paper is to cover the consecutive and detailed analysis of the institution of the posting of Lithuanian workers abroad, examine the existing and possible problems of regulation of this institution, as well as to suggest, how these issues could be resolved. It should be noted, that aside from the analysis of this particular institution, the first part of master’s paper shall include the qualification of general topics, which are closely related to the institution of posting of workers, such as: 1. The conception of the business trip (it is necessary to reveal and define it equally in order to avoid the abuse of the parties of the labour law intercourse, e.g., in case of payment of the allowances); 2. The types of business trips, paying special attention to the emphasis of the singularity of one of the types – the business trip abroad, also to the analysis of the applicable law in this situation (it should be noted, that the question of applicable law is one of the essential reasons, why business trips abroad and the business trips within the territory of the Republic of Lithuania, are separated into two different categories); 3. The duration of business trips and its practical importance; 4. The guaranties and compensations for the posted workers. The second part of this paper covers the detailed analysis of the institution of posting of workers to provide services (this institution has obtained its relevance when the provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996, concerning the posting of workers in the framework of the provision of services, were transferred to Lithuanian legal system). In this work special attention is paid to this institution for several reasons. Firstly, the European Union legal system and the application of its rules of law is quite a new subject for Lithuanian legal system. Also, the institution of posting of workers to provide services was incorporated into Lithuanian legal system just about one year ago, therefore it is quite new and for this reason practically unstudied (Currently, there are no works of law doctrine on this subject; also it is still not worth hoping to have the court practise on this issue). Due to the fact, that this subject has previously not been thoroughly analyzed, this master’s paper covers the review of regulation of posting of workers to provide services to the extent of European Union and the Republic of Lithuania. As a result of this review, the singularities of this institution shall be determined, and the relevant problems, which arise while applying the provisions regulating this institution, shall be examined and analyzed. |
