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Photo by Herkas Milaševičius.
From July 30. The procedure for sending employees to Lithuania is changing. The State Labor Inspectorate (VDI) reports that the changes are relevant to companies registered in Lithuania, which employ temporary workers from other countries and send them to other countries. And from August 1. More job guarantees for people with health problems and more project work.
Updated information on changes in health problems, working under project contracts and apprentices.
VDI announces that sections 108 and 109 of the Labor Code have been modified to include changes regarding employees’ wages, accommodation and expenses, calculation of daily allowances, duration of the service commission, long-term service commissions, Temporary employees.
After July 30. Temporary staff pay conditions are changing: They are aligned with those applicable to local workers on the same job, including increased pay for overtime, night work, holidays, or holidays.
Until now, posted workers have been subject to a minimum wage requirement. This requirement is maintained for road transport drivers transporting goods and / or passengers on international routes. They are not covered by the new provisions on staff accommodation and reimbursement and by the provisions for missions of more than 12 months.
To avoid discrimination
For missions of more than 12 months from July 30. The norms of the law that regulate labor relations and the provisions of collective agreements above the employer level will be applied, with the exception of the norms related to the conditions for concluding and terminating the employment contract and the conditions of the non-employment agreements. competition. The 12-month period can be extended to 18 months if the employer electronically submits reasoned notice to the SLI.
The amendments to the Labor Code detail the calculation of daily allowances: they are separate from the actual costs of travel, accommodation and subsistence and form a separate part of the salary.
The working conditions of posted workers also improve when there is no permanent workplace: the employer is obliged to accommodate posted workers (if this also applies to local workers). It will also be compulsory to reimburse travel expenses to and from work during business trips in Lithuania and abroad.
The innovations provide more guarantees for displaced temporary workers by forcing the temporary work user (the de facto employer who provides the job functions) to inform the temporary employment business of their working conditions and the compensation of these workers to ensure that they are not discriminated against.
For those with health problems.
The Ministry of Social Security and Labor announces that on August 1. The prohibition of discrimination for health reasons established in the Labor Code comes into force. There are also better opportunities for part-time workers to work remotely. Until now, the employer has had to comply with a request to work remotely for at least a fifth of the time by a pregnant, recent or lactating worker, or by a worker raising a child under the age of 3 years, a single parent with a child under the age of 14 or a disabled worker. A child under the age of 18.
From August 1. the employer will also be obliged to comply with the request for teleworking and at the request of the employee who has submitted the conclusion of the health care institution about his illness. Teleworking can only be rejected if, due to the nature of the organization of work, this would lead to excessive costs, such as an employee working in a factory on a conveyor belt.
The benefits are increasing
The Labor Code also establishes a higher severance pay in the event of the dismissal of an employee who is no longer able to perform his duties due to a medical condition. Currently, severance pay for such patients equals the benefit for most employees, that is, the salary of one month if they have worked for more than a year and half a month if the employment relationship has lasted less than one year. year. With the entry into force of the amendments, severance pay will double: a month’s salary will be paid for less than a year and two months of service for more than a year.
Holidays are a priority
Under the new procedure, the employer will have to ensure that the patient being treated can take priority leave. Until now, the employer has had to comply with the request for a pregnant worker’s leave before or after maternity leave, and if the father requests it before or after the couple’s birth, while the worker studies while working, care for sick or disabled family members. The employer will now also have to accept the sick employee’s request to take annual leave at a time convenient to him, when the request is based on the conclusion of the health care institution.
A similar regulation applies to an ill employee’s request for unpaid leave, which the employer must comply with. The employer is informed about existing health disorders by presenting a conclusion from the health care institution.
Learning contracts
According to the Statistics Department, about 82% of companies in Lithuania are very small and employ up to 9 people. So far, such companies have been unable to employ workers under an apprenticeship contract, as the Labor Code stipulates that the number of valid apprenticeship contracts cannot exceed one-tenth of all existing employment contracts. This means that only a company with at least 10 employees could conclude 1 apprenticeship contract.
Apprenticeships, where a person is recruited to acquire the professional qualifications, competencies or skills required for a profession in the workplace, are not very popular, but these contracts are on the rise. For example, in 2019, 532 apprenticeship contracts were concluded.
From now on, the Labor Code stipulates that if an employer has up to 10 employees, he may conclude an apprenticeship contract. Such a change will allow apprentices to be employed in more than 80% of all Lithuanian companies.
Draft employment contract
Until now, when an employee was employed for a specific project, his job could not last more than 2 years, regardless of whether he worked under a project employment contract or under a project employment agreement. The last agreement applies when a person is already working in the company, but also agrees with the project work.
However, it has been observed that projects tend to last longer, so as of August a project work contract or agreement can be concluded for a period of up to 5 years.
Will be reimbursed
Employees whose work is mobile, performed outdoors or in connection with travel, as of August 1. You may receive further compensation. If the staff member is not reimbursed for mission expenses, the increased costs will be reimbursed for the type of work time actually worked. The amount of these allowances cannot exceed 50% of the basic salary.
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