| Abstract [eng] |
Lithuania, after becoming a member of European Union committed to ensure free movement of people, goods, capital and services. With these freedoms, one European Union member state employees can go to work in another EU Member State without a special work permit, and employers are free to provide services in different countries. As a result of the freedom to provide services, came the need to post employees abroad to provide services. This master’s work main focus is on the institution of posting the employees abroad to provide services – the regulation of the European Union and Republic of Lithuania, analysis of applicable law, putting forward the existing or possible problems of regulation of this institution and proposing possible solutions for these problems. Besides that, this work also presents general topics related to the institution of posting: posting conception, types, duration and clearance. The second part of this work contains guarantees and compensations for posted employees, revealing its legal regulation advantages and disadvantages. Also this work presents daily allowance reduction opportunities and restrictions. Particular attention in this work is given to analyzes problematic aspects of posting institute, such as the distinction between the posting institute and mobile work, truck drivers working clearance problematic aspects. Also it contains the examples of unlawful restrictions of the freedom to provide services, based on the European Court of Justice cases. The last chapter presents temporary employment in the context of the posting. The paper presents both the Supreme Court of Lithuania and the European Court of Justice cases review regarding the posting employees to provide services. |
