| Abstract [eng] |
Temporary agency work is a unique form of work organisation. On the one hand, this atypical form of work enables companies to quickly adapt to changing market needs and to temporarily employ the missing labour force; on the other hand, in practice, this form of work raises questions regarding the proper provision of working conditions for employees and the application of the principle of non-discrimination. In Lithuania the model of temporary employment has become particularly popular, therefore it is necessary to discuss the mechanism of legal regulation of this form of work, to carry out an analysis of the protection of the rights of temporary workers, to identify the theoretical and practical problems of employment through temporary employment agencies. In the first part of the thesis, the author identifies the most important aspects of the adoption of the Temporary Agency Work Directive in order to illustrate the objective of the thesis. It then examines the general provisions of the Directive and analyses the recent case law of the Court of Justice on the interpretation of the concepts used in the Directive and the application of the principle of equal treatment. In the second structural part of the thesis, the author examines the legal regulation of temporary work in the Labour Code, the obligations of the subjects of the tripartite relationship and the institution of the temporary employment contract. Special attention is paid to the decisions and rulings of the Supreme Court of Lithuania and the lower courts. . The author also examines how temporary work is regulated in Poland and Germany. The last part of the paper focuses on the content and application of the principle of nondiscrimination. It analyses the regulation of remuneration of temporary workers in the Labour Code. It also focuses on ensuring equal and adequate conditions, examines the obligations of the temporary agency and the user of temporary work, and distinguishes liability for failure to ensure these conditions. It also provides a side-by-side comparison of the regulations in force in Poland and Germany relating to the protection of temporary agency workers. |
