| Abstract [eng] |
Secondment of Lithuanian Employees to Provide Services Abroad The possibility for the employers in the Republic of Lithuania to send their employees to provide services in other foreign states on the basis of the freedom of provision of services and the freedom of movement of capital. In accordance with the international and national legal acts and the requirements laid down therein is otherwise known as secondment. The present paper provides the examination and comparison of the regulation laid down in the international and national legal acts with regard to the freedom of provision of services enjoyed by the employers when sending their employees abroad, and presents the main requirements applicable to the legal basis of the secondment. The most important aspects of the secondment of Lithuanian employees to provide services abroad are disclosed through the analysis and comparison of the provisions of new/future legal acts and other legislation, which lay down the requirements, rights and guarantees for the employees and employers during the temporary secondment of the employee for the provision of services abroad. The conditions of application of the minimum standards with regard to the seconded employees are disclosed through the discussion of the problems of dumping, abuse by the states and employers of their rights and freedoms, and violations of the employee’s social security guarantees, which are related with or arise out of the said application. Besides, the analysis and examination of the European case-law related with the determination of the seconded employee’s workplace introduce the basic criteria, which help determine the workplace of the employee seconded for the provision of services to a foreign state and the law applicable to such relations. |
