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He never received any income from his work.
Coach Roland, who asked not to be publicly disclosed, tells Delfi that he has had a sports club that has been training athletes for many years. This club was said to be established with the goal of gaining the support of athletes.
“People who want to support an athlete can transfer 2 percent. or provide support to provide the Athlete with funds for trips, tournaments, etc. t. However, the club does not pay anyone wages with this money. My club membership is zero for many years, “he says.
The man adds that since the foundation of the club he has been on vacation without pay so as not to receive a salary. Following the announcement of the quarantine in Lithuania on March 18, the coach terminated his employment contract and resigned. Also, prior to quarantine, he worked at another sports facility with an individual activity that is now suspended due to quarantine.
However, all these circumstances did not help him receive a benefit of 257 euros from the Employment Service.
“When the quarantine was announced, I wrote a request to the Employment Service, from which I received a response: you have an employment relationship, so we will not provide benefits. By law, if there is an employment relationship that I have because I have a club, I cannot obtain any benefit.
I said, you see, I have no income. If I got at least a penny, I’d start shaking up why I don’t pay taxes. You can see very well that I don’t get anything, but you’ve decided not to name because there is such a law, “says Roland.
“Decision makers do not care about the person at all and do not delve into the current situation,” he adds with frustration.
Information about benefits for the self-employed
© socmin.lt photo
Employment service: the person must meet all conditions
According to Milda Jankauskienė, spokesperson for the Employment Service, the husband did not receive a benefit for self-employed workers because he did not comply with one of the conditions of the Employment Law: “during an emergency and quarantine, he does not work under an employment contract” .
Also, to receive a benefit, a person must meet all the conditions, i. and. not working under an employment contract or not having a legal relationship equivalent to an employment relationship during quarantine, as well as not receiving income related to the employment relationship.
Because the coach resigned after the announced quarantine in the country, i. and. March 18, does not meet these conditions.
“You must not have an employment relationship or an equivalent legal relationship during an emergency and quarantine, i. And. From March 16. And later during quarantine to meet this condition,” explains M. Jankauskienė.
Lawyer: the real situation is not taken into account
Tomas Bagdanskis, a labor law expert and managing partner of iLAW, emphasized that the person meets the conditions specified in the law.
“It is clear from this norm that the commented norm is defined as a conjunction, i. and. Its application must be accompanied by compliance with the conditions of non-labor and non-labor income, and not just one of them, such as non-income.
Consequently, formally, if a person had entered into an employment contract but did not receive earned income, not all the conditions for the application of that rule were met. For this reason, a negative decision was made against the applicant, “explains the lawyer.
According to T. Bagdanskis, a formal interpretation of the law would be inappropriate, regardless of the actual situation: the Covid19 pandemic, quarantine, and the fact that the person did not actually receive any income related to the employment relationship.
“In accordance with the Public Administration Law and the practice of its application, each rule of administrative law, its purpose and purpose must be interpreted on the basis of the basic principles of administrative law, in particular the principle of proportionality. This means that the measures imposed must be appropriate to achieve the legitimate objectives pursued by the relevant legislation and must not go beyond what is necessary to achieve them in a proportionate manner ”, the lawyer comments on the legislation.
A new order was adopted in the Seimas
The Seimas decided on Thursday that those who are self-employed and who have additional employment contracts, but whose salary does not exceed the minimum wage, will also receive a monthly state subsidy of 257 euros, writes BNS.
The new procedure will apply retroactively from March 16.
Daiva Čibirienė, president of the Lithuanian Association of Accountants and Auditors, says that the amendment is also relevant for people who are, for example, on unpaid or parental leave.
Sole proprietorships, full members of small associations and limited partnerships, business certificate holders and individuals engaged in individual activities (lawyers, paralegals, notaries, bailiffs) or individual agricultural activities are considered self-employed. .
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