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Due to health problems we will be able to work remotely
Ieva Piličiauskaitė, Advisor to the Labor Law Division of the State Labor Inspectorate, points out that the employer will not have the right to discriminate against an employee for health reasons.
“An employer will have to comply with a request from said employee to work remotely if said request is based on a medical condition. Also for annual leave and unpaid leave: if an employee whose request is based on a medical condition applies, the employer will have to comply with such requests. In this case, the conclusions and certificates of the health institutions become very important, “he explains in the” Delfi diena “program.
Employees will also have the right to request permission to work remotely due to a medical condition, and the employer will have to comply with the request unless it can be shown that the work performed remotely will be excessively expensive or impossible to perform.
Higher benefits are also provided for those who decide to retire if they are unable to perform their tasks due to illness.
“In this case, the health care institution should conclude that the employee cannot work in a specific job. The employer also has a duty to offer other vacancies where the employee can work, if such a position exists on the job. working, “says I. Piličiauskaitė.
You will pay more for those who work in the field.
For those who work outdoors, the Labor Code will contemplate the need to cover costs related to working conditions as of August 1.
“The compensation cannot exceed 50%. The basic salary of the employee, the higher costs are compensated. It should not be understood in a very limited way, since there are not always real costs just because you work outdoors. The compensation is only for realization such a function. Work in the field itself is understood to be related to the increase in costs, “explains the specialist.
According to her, an example could be road workers, site supervisors who work in the field almost all the time.
Conditions for firing pregnant women are changing
The conditions for dismissal of pregnant women and employees with children under the age of 3 will also change.
“Before these changes, the employment contract with a pregnant worker during pregnancy and until the baby was 4 months old could not be terminated on initiative. It is now possible to terminate the contract, but the notification period is longer, “says I. Piličiauskaitė.
However, the specialist emphasizes, they may be fired for one reason only, if there is no longer a company where the person works.
More clarity on competitive positions, project employment contracts.
Delphi It has previously announced 5 fundamental changes that are worth knowing in order to properly use the guarantees provided by law. Rūta Žukaitė, a lawyer for the professional services company EY, commented on them. Here is the attorney information on all changes in more detail:
- Extends protection to people with health problems.
The new amendments to the DK clearly establish a prohibition of discrimination against employees on the basis of a person’s state of health. All Lithuanian employers will be obliged to apply the same criteria and selection conditions to such employees, create equal working conditions, opportunities to improve qualifications, apply the same evaluation and dismissal criteria, pay the same salary for the same job, take Measures to prevent the employee from experiencing harassment, discrimination, harassment would be protected if they filed a complaint of discrimination.
Additionally, the new DK changes provide at least some new responsibilities for those employers who employ workers with health problems. For example, if an employee makes a request based on a healthcare facility’s conclusion about their medical condition, the employer must ensure that the employee is able to work remotely for at least 20 percent. All working time rates.
It is true that this obligation will not apply if the employer demonstrates that this would lead to excessive costs due to the need for production or the peculiarities of the organization of work.
Another amendment states that an employer will be required to issue an annual leave and, in the absence of such leave, an unpaid leave at the request of an employee with a medical report (not due to chronic illness but, for example, due to an exacerbation seasonal). recommended by the health institution.
The amendments also provide for higher severance pay for people who are fired for inability to perform their duties due to a medical condition. From August 1. In such cases, employers must pay the employee a severance pay of 2 months of their average salary, and if the person has worked for less than a year, a severance pay of 1 month of their average salary. It is likely that an increase in severance pay could lead to an increase in dismissal applications due to a medical condition.
- Compensation reimbursed for outdoor work.
These DK settings are especially relevant for companies that perform road construction and repair, engineering communications, loading, land clearing, construction work.
It is now clearly defined that from August 1. Workers who work outdoors, such as in open spaces or unheated rooms, should be reimbursed for the higher associated costs for hours actually worked. These assignments cannot exceed 50 percent of the basic salary and are paid in the event that the staff member is not reimbursed for mission expenses.
- The conditions for dismissal of pregnant women and workers with children under 3 years of age are changing.
From August 1. The notice period for termination of employment is extended 3 times for pregnant employees. This means that a pregnant woman who has been working for more than 1 year in the company must receive a notice of dismissal of 3 months, and a woman who has been working for less than a year must notify 6 weeks in advance.
To date, to liquidate a company, but with pregnant workers or workers raising children under the age of 3, it has not been possible due to the prohibition to dismiss such workers. The approved amendments to the DK will allow to terminate the employment contract with all employees, without making exceptions due to their marital status, when the court or the founder of the company decides to liquidate the company.
The new DK provisions stipulate that it will be easier to say goodbye to employees in cases where the business or part of it is transferred to another legal entity, even if the employee with a child under 3 years of age disagrees with the continuity of the employment relationship.
- Uncertainty about competitive responsibilities has been removed.
From August 1. It is legalized that a person may be temporarily admitted to a position for which a competition will be held on the basis of a fixed-term employment contract until the employee is admitted to the position by competition. It is true that a clear term is provided for a maximum of one year.
Upon entry into force of the amendments, the head of a legal entity would receive severance pay equal to the average salary of 1 month under two conditions: when the employment relationship with the head of the legal entity lasted more than 2 years and if the law or the founding documents ended, unless the manager’s withdrawal was due to his guilty actions. The payment of the benefit is no longer conditional on the revocation of the manager before or after the termination of the employment contract.
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