Amendments to the Labor Code: “mamadienis”, wages, telecommuting, bullying



[ad_1]

It is proposed to legalize “mother’s day” and for workers who raise a child

The Social Democrat Gintautas Paluckas, a member of the Seimas, proposes in the Labor Code that employees who raise a child have the opportunity to take an additional day off per month, that is, “mother’s day” or “father’s day” .

Currently, the Labor Code stipulates that this additional day off for the purpose of raising or educating a child belongs only to working people who have two children under the age of twelve or a disabled child under the age of eighteen.

“This makes it difficult for workers who are raising a child, and especially mothers or fathers raising a child alone, because it makes it difficult to reconcile work and family responsibilities. An additional day off, more universally applicable, can help facilitate the reconciliation of family and work responsibilities, ”says Seimas member G. Paluckas, the initiator of the project.

Salaries and allowances are offered to be paid by bank transfer.

The conservative chairman of the Budget and Finance Commission of Seimas Mykolas Majauskas will propose in the Labor Code that the salary and other labor benefits be paid by transfer to the payment account specified by the employee.

The introduction of a pay-as-you-go and employment-related cash limit is expected to reduce the number of cash settlements, reducing the preconditions for a “shadow economy.”

Currently, the Labor Code stipulates that wages must be paid in cash. This means that the salary can be paid in cash or by money order to the bank account specified by the employee.

To clarify the system of payment of allowances, the Seimas Liberal deputy Simonas Gentvilas proposes to provide in the Labor Code that allowances can only be paid by bank transfer.

This change is expected to reduce the likelihood of incorrect or non-payment of daily allowances.

Currently, the law does not provide for a mandatory form of payment of the daily allowance.

What is mobbing and what are the ways to prevent it?

The member of the Seimas Social Democrat G. Paluckas will propose to complement the Labor Code with provisions that regulate the concept of mobbing and its prevention. It is also proposed to add psychological harassment to the list of serious offenses.

The Labor Code proposes that the employer be responsible for preventing harassment in the workplace.

According to the proposed project, “mobbing” means any form of abusive, abusive or other abusive conduct directed at an individual employee that adversely affects the professional, material, social or psychological well-being of the employee. Employee mental and physical health, reputation, reduced employee productivity. The labor court may, depending on the circumstances, recognize as non-recurring acts of a serious nature if they have violated the rights of the person. “

Adoption of the proposed amendments to the Labor Code would consider mobbing as a violation of labor law and would place administrative responsibility on the employer.

Currently, the term mobbing is not specifically defined in labor laws. The current Labor Code contains an article that regulates the protection of the honor and dignity of employees.

It establishes that “the employer must create a work environment in which the worker or group of workers is not subjected to hostile, unethical, degrading, aggressive, abusive or abusive conduct that violates honor or dignity, physical integrity or psychological of a person or group of workers; the objective is to intimidate, degrade or push a worker or group of workers into a disarmed and powerless situation ‘.

According to the current Labor Code, the employer must take “all necessary measures to guarantee the prevention of psychological violence in the workplace and to provide assistance to people who have suffered psychological violence in the workplace.”

Relevant for teleworkers

As more and more workers work remotely, that is, from home, it is proposed to complement the Labor Code with provisions to guarantee the workers’ right to privacy.

Tomas Bičiūnas, a member of the Social Democratic Party, proposes in the Labor Code that “employees have the right to disconnect from digital devices and be inaccessible to employers outside working hours, at night, on public holidays and bank holidays, if the nature of the the job doesn’t require it. “

“After working hours, employees should be guaranteed the right to be inaccessible. The constant reaction of an employee to work is important after working hours has become a kind of exploitation of employees and pressure on the employee so that he is always available and accessible, “says Seimas. member T. Bičiūnas.

According to him, when working remotely, it is useful to have a deadline within which the remote employee should respond to emails and calls from clients or colleagues and define the hours during which the employee should be contacted.

The Social Democrat Linas Jonauskas, a member of the Seimas, will propose supplementing the Labor Code with provisions on compensation for labor costs incurred by employees during teleworking.

It is proposed that the amount of compensation and the conditions for its payment be agreed between the employer and the worker at the latest at the end of teleworking. It is also proposed that compensation not be included in an employee’s pay.

Such regulation is expected to prevent potential abuse by the employer when costs are not reimbursed at all or included in the employee’s salary.

Currently, the Labor Code stipulates that if an employee incurs additional costs related to his work, acquisition, installation and use of work equipment while working remotely, they must be reimbursed. It is also indicated that the amount of compensation and the conditions for its payment will be determined by agreement between the parties to the employment contract.

The MMA is proposed to be at least 55%. average salary

Valentinas Bukauskas, Deputy Elder of the Seimas Labor Party Faction, intends to present an amendment to the Labor Code registered in December 2018 during the previous Seimas term, proposing that the monthly minimum wage (MMA) should be at minus 55%. the national average wage.

The draft also proposes that the size of the MMA be calculated based on the national average salary for the fourth quarter of the previous year and the first three quarters of the current year, as published by Statistics Lithuania.

According to the amendment to the Labor Code, the Government would approve the hourly minimum wage and the monthly minimum wage.

In the current Labor Code, the monthly minimum wage is not linked to the national average wage.

Currently, the minimum wage (minimum hourly wage or minimum monthly wage) is the minimum wage allowed for an hourly unskilled worker or the full-time rate of work per calendar month, respectively. Unskilled work is defined as work for which there are no special qualifications or professional skills requirements.

The hourly minimum wage and the monthly minimum wage are approved by the Government after receiving a recommendation from the Tripartite Council and taking into account the indicators and trends of the country’s economic development.

No part of this publication may be reproduced without the written permission of ELTA.



[ad_2]