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Such an amendment to the Labor Code registered in the Seimas by the conservative chairman of the Economic Committee Kazys Starkevičius is criticized by the unions and supported by the employers. Some MPs see the benefits of such changes, while others are convinced that state-backed employers need to find funding for severance pay and will not go bankrupt as a result.
Unions warn that workers would suffer financially in this case, as those who are sent into downtime, which can last a short time, no longer receive full pay.
The employers say that the dismissed workers have been paid subsidies to avoid being dismissed, so now they must contribute jointly and in solidarity to the recovery of the business paralyzed by the coronavirus.
Some MPs view solidarity differently and suggest focusing on job preservation and bankruptcy management.
Aims to prevent abuse
K. Starkevičius, the initiator of the amendments, which would leave people who voluntarily left work during quarantines due to prolonged downtime without severance pay, BNS stated that the restrictions are aimed at preventing employee abuse: After receiving state subsidies, some of them are willing to change jobs to receive severance pay.
“The pandemic situation is starting to be abused: people do not want to go back (after downtime, BNS) to work, but want to take advantage of all the profit opportunities,” said K. Starkevičius.
You have no doubt that the exemption will benefit employers who would no longer have to pay severance pay out of their own funds to employees who wish to terminate their contracts.
“That employer was devastated during the pandemic: hotels and the restaurant sector were closed,” said K. Starkevičius, emphasizing that the amendments are more relevant to the service sector.
Among other things, he acknowledged that the new quarantine severance compensation regime would apply if the state issued new quarantines for coronavirus or for other reasons.
Call for jobs to be protected
Farmer Tom Tomil, meanwhile, says this is not the time to make such corrections.
“Now it is important to preserve jobs, because bankruptcies will begin, the wave of which has been stopped by state support. The state has made a very strong contribution to the revitalization of business, so some solidarity is needed from your part ”, commented T. Tomilinas on the amendment.
Social Democrat Algirdas Sys said he also misjudged the amendment.
“Attempts are being made to solve problems at the weakest link: Employees already suffer when you look at average wages. Money from downtime cannot be used to support a family well,” said A. Sysas.
You do not agree that severance pay is such that the employer could go bankrupt.
Inga Ruginienė, president of the Lithuanian Trade Union Confederation, calls the amendments “nonsense”.
“Why do employees have to suffer? (…) The downtime has lasted more than 30 days, and the workers have been out for quite some time, ”the union leader complained.
According to I. Ruginienė, similar initiatives were discussed in the spring: “Then we asked employers to provide the scope of abuse and malice: how many employees maliciously asked for leave. Several cases have been mentioned. ”
The problem is relevant to employers
Andrius Romanovskis, president of the Lithuanian Business Confederation, acknowledged that this problem is relevant to businessmen: “I know of many cases in the catering sector.”
He emphasized that the recent downtime was not the fault of the employers, but that the state forced them to suspend their activities for some reason and that the conditions for severance pay must be different.
“We expect the solidarity of the employees at the very least, because these downtimes are not classic, but quarantine. If you find another job, you cannot expect to receive compensation. We’re not saying you can’t quit your job, but you can’t make money out of that situation, “said A. Romanovskis.
Mindaugas Lingė, head of the Committee on Labor and Social Affairs, says that the amendments should be considered “with the situation assessed and the possibilities of safeguards.”
“To adapt to the new circumstances, it is worth evaluating how the regulation could be changed to prevent possible abuses,” said Lingė.
According to him, when the amendments are discussed in the committee, what the workers, employers and the unions themselves think on this issue will be heard.
Among other things, Ms. Lingė stated that the Ministry of Social Security and Labor is not opposed to the legalization of such an exception. According to him, the issue has already been discussed in the Tripartite Council, but no consensus has been reached.
There are no exceptions
The employment contract can now be terminated by a written statement from the employee, giving the employer a notice of at least five working days, if the employee’s downtime is not due to the fault of the employee for more than 30 consecutive days or if it lasts more than 45 days a year.
In this case, the employee receives severance pay equal to twice his average salary, and if he has worked less than a year, one.
Now there is no exception for not paying severance pay if the downtime is not due to fault of the employer but to government issued quarantine.
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