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The quartet of victims
Currently, more than 4,530 employees of companies in Lithuania are declared inactive. Šarūnas Orlavičius reveals that the strict restrictions on quarantine and emergency situations have affected the accommodation and catering sector the most. Currently, 973 companies in this sector have declared downtime, their employees represent 38 percent. all employees who have been declared inactive.
The second largest downtime is the wholesale and retail sector. Here, 922 companies have reported downtime, employing 14% of them. all workers in downtime.
The manufacturing sector continues in the ranking, with 340 companies declaring downtime for their employees. 9.5 percent work in this sector. all job functions due to employee downtime.
The arts, entertainment and recreation sector is also on the hit list. With the ban on live events, many industry workers can no longer perform their job duties, forcing 289 companies to declare downtime.
How to go on vacation during downtime?
With the biggest vacation of the year looming, some downtime employees are considering taking paid vacations in between. Šarūnas Orlavičius, head of SLI’s Labor Law Division, says paid holidays should not affect employees due to advertised downtime.
The specialist of the Labor Inspection emphasizes that the worker must be paid at least the minimum wage during the period of inactivity. The state subsidizes most of this salary.
Employees are concerned that some vacation time is not being cut before vacation. According to Šarūnas Orlavičius, during the annual leave, the employee keeps his average salary (vacation). The period from which the average salary for annual vacations is calculated is the last 3 calendar months prior to the month for which (or part of it) the average salary is paid.
Downtime (or partial inactivity) and salary received for inactivity (or partial inactivity) are not included in the vacation calculation.
“If during the calculation period the employee actually worked for two months and a month of inactivity was declared, then the leave will be calculated from the two months actually worked and the inactivity time will not be taken into account,” says the specialist of the State Labor Inspectorate.
Therefore, declared downtime or partial downtime does not affect the calculation of leave, they should not decrease for employees. Employees in downtime can go on vacation without sacrificing their financial situation.
The SLI also recalls that an employer cannot force an employee to take paid or unpaid annual leave without their consent; It can only be awarded at the request of the employee.
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