The scope of leave without pay in Linava companies caught the attention of the Seimas: is it the peculiarities of work or theft?

At that time, Zenonas Buivydas, the general secretary of Linava, explains that the enormous amount of unpaid licenses is determined by the particularities of the work of long-distance drivers.

“It’s the same as, let’s say, sailors. “Drivers usually work for a mandate, they are on the road for 6 to 8 weeks, well, and then they come home and spend time resting,” he told Delfi.

G. Paluckas also announced that a resolution on the temporary commission of inquiry should be presented to the Seimas this week, which would clarify the worrying situation in Lithuania’s international freight transport sector.

Recognized companies

The calculation provided by Sodra contains data on a total of 778 companies. They show that in 2019, that is, before the pandemic, the situation was similar. The average duration of unpaid leave in Linava companies was 20.2 days, while in Lithuania it was 6 days (3.4 times less).

Among the companies analyzed are also those in which employees enjoy free vacations most of the year: Vedas transportas (366 days) and Transmadis (363 days). According to data from the Registry of Legal Persons, the first is in liquidation and the second has not presented financial statements since 2016.

In 2020, there were no unpaid vacations in the 80 companies owned by Linava. Known names can also be found in the data provided by Sodra.

For example, at Kautra Cargo in 2020, the average duration of unpaid leave per employee was 74 days, in 2019 – 43 days. The company did not respond to Delfi’s query.

In Baltic transline transport, the average duration of unpaid vacation per employee in 2020 was 65 days, in 2019 – 55 days. Sonata Skrickienė, a specialist in the company’s marketing and communication department, said that such statistics are determined by the fact that some of the drivers working for the company are foreigners, so at the end of the term

“Drivers who return after their mandate, like all other employees of the company, can take paid annual leave in accordance with the Labor Code. If an employee has exhausted all paid licenses to which they are entitled and wishes to go home to rest, he is granted leave without pay, ”the comment reads.

In Vlantana, the average duration of unpaid leave per employee in 2020 was 26 days, in 2019 – 22 days. As its CEO Tom Stonys has pointed out, drivers returning from a business trip are looking for additional free time that they want to take advantage of to return to their home country or stay with their family.

“In the event that an employee expresses the will to stop working and it is determined that all annual leave guaranteed by law to the employee has been exhausted, the employer has no choice but to agree to grant the employee an unpaid leave of absence. The current legal regulations do not contemplate other possibilities either, ”he said.

Stonys further argued that granting an employer unpaid leave was completely useless.

“In order to employ a fleet of the same size, it is necessary to secure a much larger number of drivers than would be necessary if the employee was not granted leave without pay at will, given the market situation and the scarcity of services of long distance drivers, we have no choice but to accept requirements, “he said.

In Vičiūnai, the average duration of unpaid leave per employee in 2020 was 25 days, in 2019 – 13 days. The company did not respond to Delfi’s query. Hegelmann Transporte also did not respond, where in 2020 the indicator reached 7 days, and in 2019 – 1 day.

There were no unpaid vacations at Girteka in 2020 and 2019, but as its marketing and communication manager Simonas Bartkus explained, Linavai owns a company that has almost no drivers. At that time, Girteka Logistics, according to him, the situation should be similar to the entire sector.

For his part, Z. Buivydas explained that the driver has the right to choose the employer for which he wants to work.

“It just came to our attention then. Naturally, if you work as a long-distance driver away from your family for two months, going back to your loved ones you want to spend more time with them. Finally, do some household chores, visit a doctor or They then rest for about 3-4 weeks.

Well, while the driver is at rest, he is usually, but not always, on an unpaid leave. Mainly because most of the drivers are from third countries and return to their countries of origin where they live.

Drivers are covered by state social insurance at work, and some drivers use private civil health insurance during work, which protects them in the event of an accident or illness. For example, drivers from third countries must provide the embassy with health insurance valid for one year to obtain an annual work visa; otherwise the visa will not be issued.

Employees are normally entitled to one month of annual leave paid by the employer. Drivers get more rest, because these are the details of their work, so it is natural that the employer does not pay for this vacation. Also, show an employer who “takes leave” 3-4 months out of the year and pays it in full. I don’t think you will find one on the market ”, he commented.

The Linava representative also mentioned the Mobility Package as a reason, “which requires the truck to be returned to one of the activity centers in the country where the company is established once every 8 weeks.” However, after clarification, it was recognized that this standard has not yet entered into force and will only enter into force in 2022.

Called abuse

For his part, G. Paluckas said that the Sodra data show abuse of the systemic disorder by carriers of this sector.

“People are deprived of what they must have by virtue of the employment contracts. These are pension insurance, seniority, other social guarantees. It is absolutely abnormal for a person to lose a month, three or even more, according to these data” , He said.

A member of the Lithuanian Social Democratic Party faction said that a draft resolution on the commission of inquiry had already been prepared, drawing attention to constantly appearing information about poor working conditions and exploitation of workers in the sector. of international transport.

“There is also deliberate non-compliance with the Mobility Package, evasion, violations of working time accounting when questions must be asked at the expense of rest time, there are salary problems, various” pseudo-damages “that are written in the rules and the Employees have to pay fines out of pocket. These are systemic problems that are not solved year after year. It is based on such a business model, but it has no prospects, it has no life.

Furthermore, our reputation as a country that does not guarantee normal working conditions, supports and defends modern slavery, does not honor us, it compromises us. We are starting a commission of inquiry to clarify all the issues mentioned and fix the legal regulation. For example, one has already been offered a payroll order to make it clear how much has been transferred. “Another issue is providing information in a language other than that of the obligation,” Paluck told Delfi.