| Abstract [eng] |
Work carried out by a staff member on mission shall be considered to take place when the worker leaves or is sent to a non-permanent place of work; the employee leaves or is temporarily posted to a non-permanent place of work; the employee departs by order of the manager of the company (association, organization) or by sending the manager or his authorized person or sending the employer to a permanent place of work; the employee departs to perform a job assignment, to perform work functions and / or to upgrade his / her qualification from a permanent place of work. There are several types of posting according to different sources. Usually two are distinguished, first, within the same country (in case of course work, a mission in Lithuania) and second, a mission to a foreign country. Provisions of EU legislation (Directive 96/71/EC, Directive 2018/957/EU, Directive 2014/67/EC), properly transposed or intended to be transposed into Lithuanian law within the prescribed time limits, DK and other national legislation seek to create fair competition conditions for all posted workers. It is essential to regulate the duration of the posting, as it is the duration which determines the extent to which guarantees and compensation will be applied to the posted worker – the number of days to which the daily subsistence allowance, the salary is to be paid, and other expenses incurred in connection with the mission. traveling time is counted as working time and must be paid for as actually worked time. In order to avoid abuse, the importance of formalizing a posting is emphasized, where the employer must specify not only the purpose, place (s) and types of expenses to be paid, but also the duration of the posting. This is important in order to ensure that the duration of the posting does not exceed the maximum foreseen and that the actual duration of the posting does not exceed the duration of the posting. The aim of the EU directives and the DK is to protect the weaker party in the employment relationship in order to ensure the protection of posted workers who may be vulnerable – to provide a minimum level of protection (minimum wages, safety at work requirements, working and rest time, etc.) to ensure compliance with the rules which must be observed by employers posting workers to provide services in another Member State. Most of the regulatory problems (either in Lithuania and in Europe) arise from the regulation of the wages and social guarantees of posted workers and of the posting of workers when they are posted to work or provide services abroad. |
